CCTV can be an important tool when people want to protect their homes and property. However, anyone who has cameras set up should follow some rules, especially if they have neighbours who feel like they’re the ones being watched.
The majority of people install CCTV to protect their own property, and sometimes cannot avoid capturing beyond the boundary. However, if you feel that the cameras are invading your space beyond what is reasonable or unavoidable, then you need to know your rights.
The Information Commissioner’s Office (ICO) claims: “Where possible, owners should position their cameras to only capture their own property. However, if this isn’t possible and the CCTV captures someone else’s property, a public area or communal space, then data protection law applies. This is because CCTV can capture images and voices of other people, and this counts as their personal information.”
Whilst most guidance relates to traditional CCTV camera systems, doorbell cameras are considered a form of CCTV in the UK and are subject to the same data protection regulations, particularly if they capture footage of public areas or neighbouring properties. These laws say that people who capture images or audio recordings from outside their property boundary must:
- Have a clear reason for using the CCTV
- Make sure the CCTV doesn’t capture more than they need to
- Let people know they are using CCTV (eg by displaying a sign)
- In most cases, provide some of the recordings if asked by a person whose image or audio, or both, the CCTV has captured
- Delete the footage regularly, automatically or both
- Stop recording a person if they object to being recorded and there’s no legitimate reason to continue recording them
What should I do if I think I’m being recorded by CCTV cameras?
The ICO said that, in most cases, the simplist solution is write or chat to the owner of the CCTV cameras and share your concerns. A spokesperson added: “The CCTV owner may not understand why you’re worried about being recorded. If you explain your reasons, they may reposition the cameras.”
If you believe that your property is being filmed, you can ask to see what they’re recording. The ICO suggests: “The footage captured by the camera may not be as intrusive as you think. Seeing an example of what the camera records may make you feel less concerned.”
If the use of CCTV is part of a wider problem between you and your neighbour and you feel harassed, then consider reporting the problems to your local housing officer, if the CCTV is installed on local authority or social housing, or the landlord, if your neighbour lives in rented accommodation.
The matter could be reported to the police. However, the ICO claims: “It’s unlikely that the police would consider the use of CCTV as harassment, without other misconduct by the person.”
What rights do I have if my neighbour sets up CCTV?
You have a number of data protection rights, according to the ICO. These include:
- You can request a copy of the CCTV footage that you’re in from the CCTV owner: This is known as a subject access request (SAR). Seeing this footage may make you feel less concerned, as it may not record where you think it does.
- You can request the CCTV owner deletes the footage you’re in: This is known as the right to erasure. We recommend that you explain why you would like them to delete the footage.
- You can object to the CCTV owner using CCTV to record you: This is known as the right to object. Contact the CCTV owner and explain that you object to being recorded. The CCTV owner must have a strong reason to continue recording you.
The ICO confirmed that “consent will rarely be required” for people operating home CCTV. It adds: “In many cases, the CCTV owner will have one or more ‘legitimate reasons’ to collect personal information through CCTV.
“Often, this will be to protect themselves, their family and property. This means that they don’t need the consent of anyone that is recorded by the camera.” However, the crucial thing that the CCTV owner must be able to prove is that “their interests outweigh any invasion of privacy for others”.