IS YOUR NEIGHBOURS SMART DOORBELL WATCHINNG YOU? UNDERSTANDING DOMESTIC CCTV AND PRIVACY

The Rise of Domestic Surveillance in Residential Properties

In recent years, the implementation of smart video doorbells and domestic security cameras has skyrocketed. If you were to walk down any residential street in Wales, you will most likely see an abundance of smart doorbells. For many people, these devices offer invaluable peace of mind, often acting as a deterrent to burglars and helping secure parcel deliveries when away.

However, the widespread adoption of domestic surveillance has ignited a new, highly topical legal issue: what happens when your neighbour’s security camera is constantly recording your property? The primary issue is finding the balance between one person’s right to protect their property and the right of another to privacy and security in their own home.

What is the Legal Framework here?

It is often assumed that because someone may own their home, they can point their security cameras and smart doorbells wherever they like; this is not the case. The law on this is largely governed by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. As per Article 4(1) of UK GDPR, ‘personal data’ is any information relating to an identified or identifiable natural person. In the context of a smart doorbell, this legally includes video footage of your face, audio recordings of your voice, and even your vehicles registration plate.

Under Article 2(2)(c), there is a ‘household exemption’ which prescribes that data protection regulations don’t apply to the processing of personal data that is carried out in the course of a, ‘purely personal or household activity’. In essence, if your camera captures images and sounds within the boundaries of your own private property then the law isn’t applicable. Nevertheless, you may lose the protection from the household exemption the second your camera captures people outside those boundaries, such as a neighbour’s property.

When does a Smart Doorbell Break the Law?

If a smart doorbell captures individuals outside of the user’s property, the person who owns the camera legally becomes what’s known as a ‘data controller’ – under Article 4(7). Crucially, a data controller must comply with strict data protection laws including having a lawful and justifiable reason for capturing that footage, and the recording must not be excessive.

The important nature of this was highlighted in the case Fairhurst v Woodward [2021] 10 WLUK 151. In this case, a dispute arose regarding the installation of several security cameras, which included a smart doorbell with extensive microphone capabilities. The court ruled that the doorbell’s ability to pick up private, everyday conversations from far away was excessive. This was a direct breach of the data minimisation principle under Article 5(1)(c) requiring personal data to be relevant, adequate, and limited to what is necessary.

Further to this, due to the potential distress caused by the constant surveillance and the cameras owner’s aggressive behaviour, the defendant was also found guilty of harassment. Under section 1(1) of the Protection from Harassment Act 1997, a person must not pursue a course of conduct that amounts to the harassment of another, and interestingly the court ruled that the excessive surveillance crossed that legal line.

Your Rights: What to do if this happens to you

Living under the constant watch of a neighbour’s camera can understandably feel very invasive. As your neighbour would be acting as a data controller if their cameras are recording beyond their boundary, you have the legal right to submit a Subject Access Request (SAR) under article 15 of UK GDPR, this requires them to provide a copy of the footage capturing you.

If they refuse to cooperate, you are able to report the issue to the Information Commissioner’s Office (ICO). As another option, as per section 3 of the Protection from Harassment Act 1997, you can seek civil action for harassment, this empowers the court to award damages for anxiety, distress or even grant an injunction forcing the removal of the cameras.

How can BULAC help? If you require further advice on neighbour disputes or your data privacy rights, please contact BULAC at 01248 388411 or email at bulac@bangor.ac.uk.