Neighbour's security camera

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Parazard2

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My next door neighbor (terraced houses, no front garden) is after installing a security camera beside their front door. It is pointing right at our door. I am guessing they will have plenty of footage of us leaving and getting home. Other than just having fun with making faces at them, do I have a leg to stand on in terms of privacy etc? We also have children whose image I don't particularly want recorded...
 
www.dataprotection.ie

Data Protection Commission

The Data Protection Commission (DPC) is in receipt of a large number of complaints from individuals about the operation of CCTV in a domestic setting, usually at neighbouring properties. In some cases, the complaints to the DPC relate to a broader dispute between neighbours and in such...
www.dataprotection.ie www.dataprotection.ie
 
Similar situation. My next door neighbour (terrace house) recently installed cctv high up on the fascia boards of the gutter, front and back, so presumably they see a lot more than if they were lower down? We fell out recently over a boundary issue. How can I find out what he can see of my gardens front and back ? I could ask him but he might say no or that it's none of my business as he can be rude which puts me off. But it annoys me to think he may have a view of my gardens, especially the back.
 
NoRegretsCoyote said:
Put in repeated data subject access requests to them. They are legally obliged to respond and if they don't you can complain to the DPO.
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I'm not sure whether an individual person is classified as a data controller and therefore obliged to respond to an access request. Maybe there is something about operating a CCTV? In any case, repeated requests are likely to be found to be 'manifestly excessive'.

I would be more inclined to throw mud at the lens.
 
time to plan said:
I'm not sure whether an individual person is classified as a data controller and therefore obliged to respond to an access request.
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Yes they are!

The household exemption doesn't apply if the camera is directed outside of the perimeter of the house and garden. From the link above:


What is the status of CCTV in homes?

A domestic CCTV system should only operate in a way that captures images of people within the perimeter of the CCTV operator’s own property including the garden or driveway. Systems operated in this way are not subject to data protection law due to the personal or household exemption in that law.

However, if you are a householder that has installed a CCTV system and your CCTV system operates in a way that captures images (and sounds) of people outside of the perimeter of your property, for example in their homes or their gardens or on public footpaths or streets, you cannot avail of the household exemption and must comply in full with data protection law obligations. This follows from the decision of the Court of Justice of the European Union in the case of Rnyeš (C 212/13), which found that the household exemption did not apply where a domestic CCTV system captured images in the street outside the property.

What does compliance with data protection law mean?

Compliance with data protection law requires a number of things including: demonstrating that you have a lawful basis for operating the CCTV system, that you are transparent about how the system operates which entails the installation of appropriate signage, that you keep any personal data safe and only for a limited period, and that you comply with any access requests or requests for erasure from affected individuals who should be able to contact you from the contact details you include on the signage.
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NoRegretsCoyote said:
Yes they are!

The household exemption doesn't apply if the camera is directed outside of the perimeter of the house and garden. From the link above:
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Interesting. Thanks. But the repeated requests will still ultimately fail. Definitely put in an access request. And look at all the other rules (signage etc.)
 
On further thought... probably worth a quick word to advise them that they have all the legal obligations of a Data Controller, but if they direct their cameras away from other people's property and the roadway they don't have those obligations. Then hopefully they get the message. If not, get stuck in.
 
One thing to note is that a lot of those dome cameras actually see a whole lot less than you'd think by looking at them. Sometimes you can think it is looking directly somewhere when in fact it is going the entire other direction.
 
That's why it would be great to be able to see what it is seeing. If neighbour was anyway decent I'd have no problem asking, and at a push if only a bit of my gardens are visible at the end I wouldn't mind. I am Trying to work up the courage to ask him before having to mention about Data Protection!
 
Stitcher said:
That's why it would be great to be able to see what it is seeing. If neighbour was anyway decent I'd have no problem asking, and at a push if only a bit of my gardens are visible at the end I wouldn't mind. I am Trying to work up the courage to ask him before having to mention about Data Protection!
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Tell them that you had an intruder in your garden and they would be doing you a great favour by letting you have a little peek at their super-cool footage.
 
Parazard2 said:
My next door neighbor (terraced houses, no front garden) is after installing a security camera beside their front door. It is pointing right at our door. I am guessing they will have plenty of footage of us leaving and getting home. Other than just having fun with making faces at them, do I have a leg to stand on in terms of privacy etc? We also have children whose image I don't particularly want recorded...
Click to expand...
The dpc do not do anything about CCTV complaints. I have followed their process and the legislative process and they have failed to do anything.
 
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