# Aeriel photo of my property. Legal?



## getaway (11 Mar 2011)

I was hugely surprised when I went to vote and found an aeriel photo of the school hanging on the wall, with full view of my back garden. What are my rights in this situation? I really dont want my private property on view for anyone to see.


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## PaddyBloggit (11 Mar 2011)

Have a look here:

[broken link removed]

You'll probably see more!

As to your question I don't see how you can object .... as your garden is open to the sky.


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## Olympian (12 Mar 2011)

For some urban areas I find google maps has a better resolution.

E.g. the Aras http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=ireland&aq=&sll=37.0625,-95.677068&sspn=38.911557,56.513672&ie=UTF8&hq=&hnear=Ireland&ll=53.358876,-6.317868&spn=0.003586,0.006899&t=h&z=17

There's also streetview http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=ireland&aq=&sll=37.0625,-95.677068&sspn=38.911557,56.513672&ie=UTF8&hq=&hnear=Ireland&ll=53.357291,-6.319044&spn=0.003611,0.006899&t=h&z=17&layer=c&cbll=53.357291,-6.319044&panoid=u_gcG9pt0U1OrtA4z__5Uw&cbp=12,22.6,,1,-1.16

Without removing the satellites orbiting the earth I think you're out of luck!


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## horusd (12 Mar 2011)

I presume when you look out your windows you see into neighbours gardens? Or if the blinds are open you can see into someone's house? A plane overflying your house also "sees" into your garden in some respects. The level of privacy  possible in society is restricted by virtue of the fact of living in a society. It was not the intention of the photographer to breech your "privacy",simply a consequence of the fact that they aerially photographed your estate/town. I can't see any reason to object that would hold any water based on what you say.


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## onq (12 Mar 2011)

I could add "Bing" Maps to the mix of overviewers.

*Historical*

Long before Google Earth, the Ordnanace Survey of Ireland had  photographic overviews of most of Ireland taken at various altitudes on  high resolution film.
I had a Thesis project sites down in the West of Ireland for which I  needed a site plan. I went to the Ordnance Survey office who were able  to produce a map for me from their aerial photos they had with 0.5 metre  contours because overlapping maps allowed a stereoscopic "distance"  view.
Can I say that to some degree I share your trepidation and note that we  we all seem [judging from the responses here] to have become far less  interested in invasions of our privacy in the past decade.

*Origins of overflight photography*

Spy planes were the stuff of boy stories in the fifties and sixties. But they could be brought down.
Back in the Cold War years overflight photography was mutually viewed as  an act of espionage by foreign powers by American and Russia, but why  do you think they went into space in the first place?
To reach the moon? Certainly it was a propaganda victory for the Americans.
But no, IMO they went into space to improve battlefield communications,  offer accurate location finding for unmanned assault vehicles, establish  unassailable overflight platforms [at the time they were] and of course  to "be there first" - all good propaganda and military objectives.

*Human Interest*

Little did they realise how much we humans, the universe's local attempt  to consciously know itself, would actually like looking at our planet -  ALL of our planet.
Many's the evening I've spent "flying" over Australia, marvelling at New  York or Leningrad or the growth of the cities in the Far East - sucking  all this information up with an appetite I didn't know I had.
*
The Possible Legal Positions*

I think if you took a case now to restrict over flights on the grounds  of personal privacy I there would be an equal and opposite case made  that increasing knowledge about other countries could lessen barriers  culturally or could better inform us of their capabilities militarily.
Your case would be based on the Private Need - the defense would be  based on the Public Good: the Public Good will likely win that one every  time.

*Multiple Local Observers*

There is also the case that we might learn something new about ourselves and the planet.
Think of the discovery of the hole in the Ozone Layer - how much sooner  would that have occured if everyone could have browsed the data?.
There also a huge movement now in News Reporting towards using  on-the-spot sources - look at all the "eye-witness" videos sent in by  locals with iPhones from Libya and Japan at the moment!
This trend,coupled with the history of amateur discoveries in Astronomy  suggests that if we made these views avaiable to all someone who is  observant might spot something interesting .

*What could you do?*

If you're really worried about privacy - as opposed to Google or Bing  maps taking relatively remote images of your house - perhaps lobby for a  bill to limit private helicopter traffic over residential areas.
During the Noughties we had something like 20 flights a day  over our house and at least eight helicopters a week - most of them  privately owned.
I remember from The Lincoln Laywer by Michael Connolly, he got one of  his grass-growing Hell's Angels clients off on a technicality relating  to an overflight taken below a certain altitude. If this isn't creative  license, a similar law here might help assauge your concerns.
Also if you look at Google Earth, the faces of people and cars are  blurred out now, a response to someone complaining about an infringement  of privacy.
*
The other side of the coin.*

For me as a designer and planning consultant, I find the detail of the  present overflights useful. Google Maps and the Bing 45 degree "view"  have a wealth of detail more than a typical Ordnance Survey Map, which  offers a plan outline.
The very detail that upsets you allows me to form a more accurate  opinion in relation to - for example - the aspect of windows on new high  density developments to help REDUCE overlooking and infringement of  privacy on surrounding existing dwellings. 
Similarly you could present a set of views of your house to An Bórd  Pleanála showing how your privacy or amenity might be infringed by a  proposed development. So its swings and roundabouts.

*Suggestion*

Perhaps you could get on your 8Mb Broadband connection with a wide screen monitor on and try this Google Earth thing yourself  for a week, and see if you like it.
Yes, you'll see the odd extension in  a back garden you never knew about, but lets face it, unless you have  something to hide, why worry? 


 ONQ


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## getaway (12 Mar 2011)

Thanks all. Some useful comments. Perhaps we have all come to accept things in this age of ever changing technology. However, I still dont agree with it, and I cant see any public figure or celebrity accepting it either. Pity I dont live next door to one of them.


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## gabhain7 (12 Mar 2011)

s. 55 Air navigation act 1936
No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of Part II of this Act and any order made under the said Part II and any regulations made by virtue of any such order are duly complied with.


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## Complainer (12 Mar 2011)

getaway said:


> I cant see any public figure or celebrity accepting it either.


They don't get much choice. Have a look at this aeriel photo of Killiney for Bono's house and Enya's house and Neil Jordan's house.


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## Berni (12 Mar 2011)

getaway said:


> I cant see any public figure or celebrity accepting it either.


Yeah, cos it worked out so well for Barbra Streisand
http://en.wikipedia.org/wiki/Streisand_effect


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## onq (13 Mar 2011)

I've seen one of the sets of Wikileaks Cables - I'm not sure which release - relatively widely disseminated on the WWW.

I guess the Streisand Effect works.

ONQ.


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## onq (13 Mar 2011)

gabhain7 said:


> s. 55 Air navigation act 1936
> No action shall lie in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of Part II of this Act and any order made under the said Part II and any regulations made by virtue of any such order are duly complied with.



Thanks for the reference - that's a good starting point.

ONQ.


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