I’ve seen the question often repeated, what are my rights relative to my neighbor’s wireless surveillance camera? One visitor noted that their neighbor’s camera overlooks their back yard. They feel their privacy is being violated. Another visitor shared that he found himself in a heated verbal altercation over his home security camera facing his neighbor’s home. Though he was only trying to cover the front of his own house, the neighbor’s house across the street falls in the field of view. Both situations bring up questions about rights associated with security cameras; both the rights of the owner and the rights of those who may come into view.
Our previous post listed some states in which surveillance laws apply but these dealt specifically with hidden surveillance cameras. The questions we’re addressing here are ones in which the presence of the camera is not intentionally hidden and the footage being captured is outdoors. That’s significant. In one of our previous posts we discussed privacy rights as apply to public and private settings. In a private setting such as a hotel room, bathroom, locker room or in one’s own home, laws are designed to protect an individual’s reasonable right to privacy. Outdoors, however, in public settings, things change substantially.
When considering your rights, ask yourself the following questions:
Does my camera look into a person’s window AND provide a clear view of activity inside their home? If so, you are invading their right to privacy on at least some level. While it might be argued that the occupant has an obligation to close their blinds if they’re going to be walking around in the nude or something lest they be seen by a passerby, they still have the right to expect a reasonable degree of privacy. Where the camera violates this right is that it is ongoing, constant surveillance and, therefore, crosses the line in violation of several “peeping Tom” laws. By the same token, a security camera may well have a neighbor’s window in its field of view but the resolution at such a distance is so terrible as to make any claims to privacy invasion nearly laughable. Ask yourself how easily you might be able to set your neighbor’s mind at ease here by letting them see just how distorted the view of (or into) their home really is.
Does my camera overlook only the exterior of the person’s home or yard with no reasonable capability of seeing activity inside the house? This question brings us back to the private vs. public settings issue. Under the law, I’d be perfectly within my rights to sit on my porch and stare across the street at your front yard for as long as I felt the urge to do so. While certainly creepy, I wouldn’t be violating your rights in the process. By the same extension, it’s likely my camera isn’t either, particularly if there’s been no effort made to hide the presence of said camera. Were you to feel committed to taking me to court over the matter, you’d likely lose. That’s particularly the case if I could show that your home simply falls into the line of view of my camera as I try to protect my own property and no effort is being made to single you out.
As the unwanted and unintended subject of somebody else’s surveillance efforts, you may not have any recourse but to accept that you fall into the field of view of your neighbor’s camera. Providing you aren’t sneaking bodies in and out of your home at night, what are you really worried about here? Everybody in view of your home can see your front yard. You should also stop and consider what your neighbor is trying to accomplish. Again, if they are only trying to protect their own property but your home falls into the line of sight, ask to see an example of the footage resolution. If it doesn’t provide a clear view of activity going on inside your home then you likely have little or no legal recourse. You might even want to consider the bonus of knowing that your neighbor is inadvertently protecting your home at the same time he’s protecting his own. Should your home be burglarized, his camera might well make the difference between recovering your possessions or never seeing them again.
Regardless whether you are the viewer or the viewee, consider consulting an attorney if you are still uncertain where you stand but committed to finding a solution. Again, this blog can’t possibly cover all possible circumstances in all possible jurisdictions dealing with wireless surveillance cameras. Though your lawyer may tell you nothing you haven’t already read here, laws may be different in your neck of the woods.
Fake Security Cameras
Even if you opt to use a fake security camera, if you’ve done your work well your neighbors will be just as fooled as a potential criminal. While the easiest solution to setting their mind at ease might be to simply advise them the camera is fake, you should avoid doing so. Remember that criminals take advantage of neighbors and often gather information from them. People are trusting and may give away the fact that your home surveillance cameras aren’t real.
Your better option is to point the camera in such a way that it still appears to protect your property without pointing at your neighbors. They won’t feel violated, won’t be inclined to ask to many probing questions and you won’t have to let anybody know that you’re using a fake security camera.