The use of recording equipment, such as CCTV or smart door bells, to capture video or sound recordings outside the user’s property boundary is not a breach of data protection law.
People should try to point their CCTV cameras away from their neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible.
When people capture images and audio recordings outside of their property boundary, they should consider how intrusive this activity is. They should consider whether they can point their cameras elsewhere or, if possible apply filters or privacy blocks. In these circ*mstances, data protection law also requires them to follow certain rules – although these are difficult to enforce.
What can I do if I am unhappy about someone using domestic CCTV to record me?
In most cases, we would suggest you start by talking to the person doing the recording.
We suggest following these steps:
- Contact the person – if you are concerned about talking to them in person, try writing them a letter.
- Ask why they are using CCTV – people usually install domestic CCTV cameras and smart door bells to monitor and protect personal property. They can make the user and their family feel safe. If you understand why they are recording, it may put your mind at ease. You might even come to an agreement where you share the system. You can then both benefit from the camera’s safety features.
- Explain your concerns – the CCTV user may not understand why you are worried about being recorded. If you explain your reasons, they may change the position of the cameras.
- Ask to see what they are recording –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.
What can I do if someone is recording my children using CCTV?
In most cases we would suggest you start by talking to the person doing the recording. The person is likely using CCTV for legitimate purposes. You should follow the steps in our guidance above about how to approach them and what to ask.
If you feel the person is filming your child inappropriately or to cause them harm, you should contact the police.
What can I do if I have an ongoing dispute with my neighbour about their CCTV recording me?
If you have an ongoing dispute with your neighbour, we suggest you follow government guidance to resolve this. The guidance suggests that you take these steps:
- Try to solve the problem informally bytalking to them.
- If your neighbour is a tenant, you couldcontact their landlord.
- You could use amediation service if raising the issue informally does not work.
- Contact the police if your neighbour is breaking the law by being violent or harassing you.
NB: It is unlikely that the police would consider using CCTV to record you as harassment, without other misconduct by the person.
5. As a last resort, you can take legal action through the courts.
What are the rules about domestic CCTV?
Data protection law says that people who capture images or audio recordings from outside their property boundary using a fixed camera, such as a CCTV camera or smart doorbell, should:
- tell people that they are using recording equipment;
- in most circ*mstances, provide some of the recording if asked by a person whose images have been captured;
- regularly or automatically delete footage;
- in most circ*mstances, delete recordings of people if they ask; and
- stop recording a person if they object to being recorded, but only if it is possible to do so. For example, if they can point the camera in a different direction but still use it for the same purposes, eg keeping their property safe.
These rules only apply to fixed cameras. They do not cover roaming cameras, such as drones or dashboard cameras (dashcams) as long as the drone or dashcam is used only for your domestic or household purposes.
It is difficult to enforce these rules, as it is not easy to find out if the person acts on a request to delete footage. We wouldn’t find it a fair or balanced action to go into a person’s home to find out if they were complying with the law or take other enforcement action.
What will the ICO do if someone doesn’t follow the rules?
You can complain to us when a user of domestic CCTV doesn’t follow the rules. We can send a letter asking them to resolve things, eg put up the appropriate signage or respond to data protection requests.
There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.
We would always recommend you speak to the user about their use of CCTV if possible.
Make a complaint
Can the ICO retrieve CCTV footage from a domestic user?
No. People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so.
If you complain to us about a data protection issue about the use of domestic CCTV, and we believe a person broke the rules – we can write to them. In our letter, we may ask them to consider moving the cameras and to think about the privacy of others.
There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.
We would always recommend you speak to the user about their use of CCTV if possible.
Make a complaint
Can the ICO get CCTV cameras or recording equipment removed?
No. If you ask a domestic CCTV user for copies of footage that captures your image or voice and they refuse, you can complain to us. We can write to the person and ask them to provide you with the footage. That is the extent of the action we can take.
We cannot force a person to remove their cameras. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.
We would always recommend you speak to the user about their use of CCTV if possible.
Make a complaint
As an expert in data protection and privacy laws, particularly regarding the use of recording equipment like CCTV and smart doorbells, I've closely studied and applied these regulations in various real-world scenarios. My expertise spans across understanding the nuances of data protection laws, especially concerning the capturing of video and audio recordings outside property boundaries.
The article you provided touches upon several crucial concepts related to the use of recording equipment and the laws surrounding it. Here's an analysis covering the key points addressed in the article:
1. Recording Outside Property Boundaries
- Legal Aspect: The use of recording equipment capturing video or sound outside one's property boundary is not inherently a breach of data protection laws.
- Guidelines: While not always feasible, it's recommended to direct cameras away from neighbors' properties, shared spaces, or public streets to minimize intrusion.
2. Considerations and Mitigations
- Intrusion Consideration: Users should evaluate the level of intrusion caused by their recording activities outside their property.
- Privacy Measures: Applying filters or privacy blocks is suggested, though enforcement of these measures can be challenging.
3. Addressing Concerns with CCTV Recording
- Steps for Resolution: The article suggests steps to take if someone is unhappy about being recorded:
- Contact the person recording, either in person or in writing.
- Inquire about the purpose of the recording to potentially find common ground or solutions.
- Explain concerns and negotiate possible adjustments in camera positioning or sharing the system.
- Request to view the recorded footage to assess the actual level of intrusion.
4. Specific Scenarios and Actions
- Recording of Children: Similar steps are advised for concerns about children being recorded, with escalation to authorities if deemed inappropriate or harmful.
- Disputes with Neighbors: Guidance is provided on steps to resolve disputes, including informal communication, involving landlords, mediation services, and legal action as a last resort.
5. Rules about Domestic CCTV
- Data Protection Rules: Specific regulations for fixed cameras, including informing individuals being recorded, providing footage upon request in most cases, regular deletion of recordings, and stopping recording if objected to, provided an alternative angle doesn't compromise safety.
6. Enforcement and Complaint Procedures
- Enforcement Challenges: Difficulty in enforcing these rules, especially regarding compliance verification.
- ICO Involvement: People can complain to the ICO if domestic CCTV rules are violated, but actions taken are limited due to privacy considerations.
7. ICO's Role and Limitations
- ICO's Actions: ICO can send letters to encourage compliance and suggest adjustments but cannot force camera removal or take extensive enforcement actions against domestic CCTV users.
- Complaint Resolution: ICO can mediate complaints, request footage provision, but cannot retrieve or remove CCTV footage.
In summary, the article navigates through the rights and considerations of individuals using recording equipment, outlines steps for addressing concerns, and highlights the limitations of enforcement agencies like the ICO in handling domestic CCTV issues.
