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As far as the law goes, outdoor security cameras are fair game in public spaces. Today we can see them attached to all kinds of buildings pointing down to the public spaces below. The problems arise if cameras point somewhere private, either if it’s unintentional. For example, a neighbor may have a surveillance camera pointing in the direction of your house as it records an area of their own property. Or perhaps they have a camera monitoring the garden shed that also captures your back garden in its field of view (FOV). And when a camera points toward one of your windows, well, that can cause some legitimate distress too.
If you have issues, here are your two options:
Privacy laws on new technologies are always evolving and changing—drones being a classic example. In general, individuals who operate private surveillance cameras may not be accountable under the privacy act. However, they could be answerable to the following bodies:
Let’s say a security camera aims at your house, especially its windows. And let’s also assume it doesn’t pick up any of the neighbor’s property or grounds in its FOV? In this case it’s a blatant invasion of your privacy. If the camera just catches your house as part of a broader area, then it’s probably not invading your privacy, at least not deliberately. Even if they are recording your personal outdoor space, you may not be in a position to qualify for an invasion of privacy claim. This is still one of those gray areas that are not clear-cut in legal terms, because it’s not always easy to prove a case.
What about if the neighbor’s camera points toward your garden or yard only, even if it’s obvious? Again, there are no laws yet to say that they can’t record open spaces outside of their own. This will be an obvious disappointment to people who spend a lot of time in their gardens.
The whole idea of outdoor home security cameras is to catch a thief, not catch a neighbor. Alas, conflicts between neighbors and security cameras are fast becoming common disputes. Even though we live in a world were security cameras are everywhere, none of us expect neighbors to capture video of us in the privacy of our own homes. It’s a growing menace though. I think this problem will get worse before it gets better as the outdoor weatherproof cameras continue to get more affordable.
There’s no getting away from the fact that home security cameras can be a godsend. They can deter or catch criminals in the act, identify vandals or simply keep an eye on the kids when they’re outside playing. The secret here is to use them wisely and respect the privacy of neighbors. There are all kinds of cameras that we can use to customize our security setup. In most cases, with the right cameras in proper positions, there shouldn’t be any need to include large parts of a neighbor’s house or garden in the camera’s field of view.
The three questions to ask yourself about your own outdoor setup are:
Conflicts and lawsuits between neighbors can go on for years sometimes. No one should have to live in that kind of environment, but some do. So as you secure the outside of your home and any outbuildings, you should at least consider the privacy of your neighbors as you design and setup your security system.[1], [2]
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My neighbor has been harassing us for 10 years. He has made several false reports to police from stealing his paper plate from his truck to having cameras in neighbors trees across the street to where he had to hang sheets around his porch to block the view. So now he has put up cameras one pointing east and one west that are feet above my privacy fence line. We were able to get police to have him move the one he had on his tree pointing right at my pool. He has a homemade bird house that birds cannot get into due something blocking them and it sits on a shed of his feet above my fence line and pointing at my deck and firepit area. Police say there's nothing they can do. From what I found out he is in violation of code 35-46-8.5-1(b) in Indiana. Do I have to take him to court to get him to reposition his cameras off my yard,deck,driveway, windows and firepit or can I go back to police with this info for help?
Have a read of this comment from a site visitor, it is very informative:
https://burglarfreezone.com/security-cameras/neighbors/#comment-471
My unlawful neighbor has a harassment order on him for terrorizing me and causing damage to my property. Today I noticed he has a camera on his garage pointing directly at my bedroom window and one pointing directly into my garage. Can he do this?
I would say that is harrismanet. Why don’t you go and talk to the authority who issued the harassment order and check to see if he has broken the terms of the order. Please let us know how you get on.