# Neighbour CCTV camera pointing at our garden



## DeBarr (13 Mar 2011)

Hi 

Just wanted to check something out from a legal(and moral) perspective. Our neighbour who is a cantankerous ol' lad who has caused nothing but trouble for our family (objected twice to our approved planning application to ABP and got it overturned on dubious grounds), harassing my wife's Mum in any way he can... its a long list ... has just installed CCTV cameras overlooking a fair portion of our garden and a neighbouring strip of land which is in our name. 

My main concern here is invasion of privacy. My 4 kids (aged 8 down to 2) play in this area of the garden and I am uncomfortable with the potential that this system could record them while they play - especially with the summer coming. 

I can't approach the neighbour directly as relations are frosty to say the least. I suppose my main questions are:
Is what he is doing legal?
Do I have any way to get him to remove the surveillance equipment?

Any comments are welcome.

Thanks
DeBarr


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## Sue Ellen (13 Mar 2011)

Do you have a local community garda?  You could try speaking to them and discuss your concerns.  They might be able to give you some advice.


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## onq (14 Mar 2011)

Plenty of competent advice on AAM about planning matters DeBarr.

Why not plant some semi-matures to screen your garden from his view?
Why not build something that complies with the exempted development limits?

 He cannot object to either of these things AFAIK, although "root balls" and "spread" may surfaace in a letter...
Its silly getting wound up about this person, so don't get mad, get even - and remember, the best revenge is living well. 

ONQ.


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## nacho_libre (14 Mar 2011)

Why not call around to your neighbour with a peace-offering and a smile  and try to make a fresh start? If you can form some form of amicable relationship  with him it might be easier to discuss the problem of the CCTV in a few weeks time. 

From an unbiased perspective it seems like this CCTV issue is just  another problem in a collection of tit-for-tat disagreements. Contacting  the guards or going down the legal route is one option, but I'm sure this will only widen the rift  that is currently between you and your neighbour. 

In fact, if you had a friendly relationship, the CCTV may not be an  issue. I personally would be glad if my neighbours had CCTV coverage of my property as It  would help to deter potential burglars and add a level of security to the property.


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## WicklowMan (14 Mar 2011)

A person is not supposed to have CCTV showing anything beyond the boundary of their property. It's just a simple case of him adjusting the camera away from your property (assuming it's not a motorized one, which most domestic stuff isn't)

It's one thing showing a portion of road in front of a property which is somewhat 'incidental', but another thing having it pointed in someone else's garden.


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## Jane Doe (14 Mar 2011)

DeBarr said:


> Hi
> 
> Just wanted to check something out from a legal(and moral) perspective. Our neighbour who is a cantankerous ol' lad who has caused nothing but trouble for our family (objected twice to our approved planning application to ABP and got it overturned on dubious grounds), harassing my wife's Mum in any way he can... its a long list ... has just installed CCTV cameras overlooking a fair portion of our garden and a neighbouring strip of land which is in our name.
> 
> ...


[broken link removed]


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## greengrass64 (28 Mar 2011)

I wonder are these two possible avenues, data protection (as in previous post) and show concern about old male taking videos of kids.  What is being done with the recordings? Data protection may be concerned.


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## Mystic Oil (28 Mar 2011)

Domestic CCTV is outside the scope of data protection legislation.


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## Complainer (28 Mar 2011)

Mystic Oil said:


> Domestic CCTV is outside the scope of data protection legislation.



It's a little bit more complicated than that - see small print down at the end of this page; [broken link removed]


> Domestic use of CCTV systems.
> 
> The processing of personal data kept by an individual and concerned solely with the management of his/her personal, family or household affairs or kept by an individual for recreational purposes is exempt from the provisions of the Acts. This exemption would generally apply to the use of CCTVs in a domestic environment. However, the exemption may not apply if the occupant works from home. [ Where the exemption does apply, a person who objects to the use of a  CCTV system – for example, a neighbour who objects to images of her/his  property being recorded – may be able to take a civil legal action  based on the Constitutional and Common Law right to privacy.]


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## Mystic Oil (28 Mar 2011)

I would suggest that any attempt to invoke the Data Protection Act shoud be based on something more substantial than a vague opinion expressed on the DPC website.

The legislation:



> 4) This Act does not apply to—
> 
> (_a_) personal data that in the opinion of the Minister or the Minister for Defence are, or at any time were, kept for the purpose of safeguarding the security of the State,
> 
> ...


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## Complainer (28 Mar 2011)

How is a video of the neighbour's kids 'concerned only with the management of his personal, family or household affairs'?


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## Jane Doe (29 Mar 2011)

Complainer said:


> How is a video of the neighbour's kids 'concerned only with the management of his personal, family or household affairs'?


+1 he has no right to film the kids.He can only film within the curtilage of the dwelling I would say,

I am not  not sure he could even film the public road outside, wicklow man?


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