Domestic CCTV Surveillance and the Law

The increase in video surveillance, from either camera doorbells, ‘dash cam’ cameras in cars or simple home monitoring camera systems – all of which come under the umbrella of “Domestic CCTV surveillance” can cause difficulty for people. We often see these difficulties where the surveillance is by a neighbouring premises or household. Any interference to the enjoyment of one’s home and personal dwelling is understandably frustrating, particularly when coupled with a breach of one’s privacy. However, consideration should be given to the rights of the home or premises under surveillance – and their (actual or perceived) need to protect their property by using CCTV cameras.

Neighbour dispute are often very tricky and we advise dealing with the matter delicately, so as to ensure the best opportunity for resolution and peace going forward.

Take for example, a client whose neighbour installed CCTV cameras around their own home but the cameras appear to point into the client’s back garden, where the client enjoys sunbathing.

The protection of personal data is being afforded more weight in recent years (to include identifiable images captured by CCTV). Those who operate CCTV surveillance cameras are subject to Data Protection Laws, under Irish Law (Data Protection Act 2018) and indeed EU Laws (“GDPR”).

However, there are exceptions – one being the ‘domestic use exemption’. This refers to purely personal or household activities. In relation to the above example – essentially, the client’s neighbours are entitled to capture CCTV footage within the perimeter of their own property, to include their garden and driveway. The good news for the client is that the exemption stops at their boundary and if their neighbours’ cameras capture footage outside of the perimeter of their property, for example in the client’s garden (or on public footpaths or streets) the neighbour cannot avail of the household exemption. Thus, the neighbour is subject to Data Protection obligations, such as demonstrating that they have a lawful basis for operating the CCTV system, that they are transparent about how the system operates. Separately, the neighbour may expose themselves to a claim for damages in the courts by any affected neighbours (ie the client) arising from a breach of privacy. It is also open to any affected person to make a complaint to the Data Protection Commissioner.

It is generally advisable to speak with your neighbour politely in the first instance, and explain your concerns, or communicate your unhappiness in a letter.

Helpfully, it is often the case where a neighbour is simply unaware of such concerns and oblivious to the discomfort that their wide surveillance is causing. In those circumstances, a friendly word might eliminate the issue.

Initiating legal proceedings should be a last resort.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com  if you would like more information.

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