Subscriber Discussion

Should Security Cameras Be Able To See Portions Of Nearby Private Property?

UE
Undisclosed End User #1
Mar 16, 2019

In a residential setting it can be difficult to avoid incidental surveillance of a neighbor's property. Looking for commonly used guidelines on how to deal with this  when selecting the camera location.

 

(1)
JH
John Honovich
Mar 16, 2019
IPVM

Use video privacy masks (see our tutorial). They are a common feature in cameras.

Check local laws for the legality of doing so. For example, our understanding is that in Austria, it is illegal for surveillance cameras to cover other's property (e.g., Austria’s First GDPR Fine Is For Video Surveillance).

Also, as a general tip, tilting the camera down will limit the camera's range and can somewhat restrict how 'far' it 'sees' into someone else's privacy. Good question, thanks for asking!

(1)
UI
Undisclosed Integrator #2
Mar 16, 2019

To directly answer your title question, it depends on how the property owner feels about it. Personally my neighbors are more than happy to have my gear keeping an eye on the neighborhood! Why not ask?

U
Undisclosed #3
Mar 17, 2019
IPVMU Certified

A general guideline is that even if the property is private, if the camera is only providing a view that is already available from public property (without a zoom lens), e.g. the sidewalk, it is likely permissible.  

so a driveway might be ok, a fenced backyard or secluded patio perhaps not.

 

 

JH
John Honovich
Mar 17, 2019
IPVM

Important to keep in mind this is a US general guideline, though in the EU, with GDPR, that is likely to be riskier.

U
Undisclosed #3
Mar 17, 2019
IPVMU Certified

Important to keep in mind this is a US general guideline, though in the EU, with GDPR, that is likely to be riskier.

good point...  

btw, had the OP posted regarding “a neighbour’s property” instead of “a neighbor’s property”, it might have been enough to trigger my “non-US” poster instinct, and therefore elicit a more cosmopolitan response.

on the other hand, I see your helpful, but unusually specific mention of Austrian GDPR (which went unnoticed by me at the time), may have actually been a similar clue  :)

 

UE
Undisclosed End User #1
Mar 17, 2019

Glad you mentioned zoom lens. Outdoor cameras without zoom are less likely to create privacy concerns.

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