# is someone allowed to take my kids pictures while they on their own terrace?



## madiha85 (6 Dec 2011)

Hi all,

I have my concern about this. My neighbour who lives underneat me in a 2 bedroom flat. He took pictures of my children while they were playing on their own terrace and he is going to use them in court against me.

They were playing 27th september about 6pm on their on their own terrace. He took the pictures of them so that he can prove to the judge that my children are the cause of noise. My daughter was that time 2years and now 3 and my son is 5 years. When i came to the terrace and that he was taking pictures in seconds he vanished the camera infront of me. I called the garda straight away and they told me to take legal advice. They cant do anything. 

Is this kind of thing happened to somebody and what is the best thing to do?


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## Slim (6 Dec 2011)

madiha85 said:


> Hi all,
> 
> I have my concern about this. My neighbour who lives underneat me in a 2 bedroom flat. He took pictures of my children while they were playing on their own terrace and he is going to use them in court against me.
> 
> ...


 
Have a look here...[broken link removed]

You and your children have a right to privacy and as they are minors, the provisions of the Data Protection Acts would apply to them. As tehy were on private property he had no right to photograph them. However, if you get to court, you can protest to the judge. I do not think it is a criminal matter at this point.


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## madiha85 (6 Dec 2011)

thanks i will mention it tomorrow in the court. i thought about it.


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## alexandra123 (6 Dec 2011)

He probably hears alot of noise because their is not enough sound insulation in the apartment - this would not be your fault. If the building was bought in the boom - dont forget to mention it to the judge !


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## millieforbes (6 Dec 2011)

madiha85 said:


> They were playing 27th september about 6pm on their on their own terrace. He took the pictures of them so that he can prove to the judge that my children are the cause of noise. My daughter was that time 2years and now 3 and my son is 5 years.




I am slightly astounded at this - did he take pictures of them playing the drums? Does your neighbour expect silence at all times?


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## truthseeker (6 Dec 2011)

millieforbes said:


> I am slightly astounded at this - did he take pictures of them playing the drums? Does your neighbour expect silence at all times?


 
Seeing as I have noisy neighbour problems Ill throw in my 2 cent. I dont believe a case is going to court over one incident of noise of children playing on a balcony at 6pm. Its quite a long and ardous process to take a noisy neighbour to court and it is an absolute last resort. To get this far there must have been a lot of unacceptable and repeated noise. 

The neighbour may be following legal advice to document and record incidents of noise. If the photos are not used for anything outside of him collecting his evidence I am not sure you can stop him from taking them.

I would be taking into consideration where the neighbours bedroom is in relation to the terrace the children were playing on, is he trying to sleep and constantly being disturbed? There must be SOME reason that he is taking the OP to court - its hardly over one incident.


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## shesells (6 Dec 2011)

I can't think of any reason why noise at 6pm would be deemed to be unacceptable?


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## Leo (7 Dec 2011)

shesells said:


> I can't think of any reason why noise at 6pm would be deemed to be unacceptable?


 
Perhaps the person in question working night shifts?

Children make noise though. A photo will provide no evidence of niose, excessive or otherwise. So he may have been taking video footage. If the noise is that of children playing normally on their own property, I don't see how he can have a case.


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## STEINER (7 Dec 2011)

I don't have children, but if someone took uninvited pix of my children, I would express concern to the Gardai that a guy was taking photographs of them.  I wouldn't want them all over the net.


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## nuac (7 Dec 2011)

You should object to this man photographing your children


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## shesells (8 Dec 2011)

Leo said:


> Perhaps the person in question working night shifts?



That shouldn't matter. Our development has noise rules but they apply between midnight and 8am, I've seen some rules that start at 10pm, but to expect quiet at 6pm is very odd and I can't see why any court would even consider such a case.


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## truthseeker (8 Dec 2011)

shesells said:


> ....but to expect quiet at 6pm is very odd and I can't see why any court would even consider such a case.


 
Exactly, there has to be more to it than one incident of noise at 6pm.


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## daba1 (8 Dec 2011)

they are minors , he is not suppose to take pics also i read somewhere that you will need a judge order to access his camera , but definitely you need legal advice in this matter . goood luck


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## MessedAbout (8 Dec 2011)

I wouldnt think so. Sounds abit creepy until you read the full story


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## madiha85 (9 Dec 2011)

Hi again,

they were just playing normally as kids do on the terrace. The terrace isnt over his bedroom. The terrace is over him livingroom. at that time he was sitting in the garden when my children were playing on the terrace. There is really not such a noise as he claims. We had a last hearing on wednesday last and the court was adjourned till next week wednesday due time shortage. I live here alone with my two kids and he is now telling so much lies after taking the oath. He hasnt yet showed the pictures of the children to the court.

He is saying that there is so much noise that things of my shelfs are falling on the floor and he took pictures of that stuff which was off the shelfs. He is continously saying that there is noise coming from upstairs but he isnt saying which kind of noise it is. While my barrister was doing the cross questioning he said the noise is much and much more then running and jumping, but he isnt telling what kind of noise it is. Im living here on my own he comes up so many times and talks in such a bad manner to me, feels so bad. I asked him once what kind of noise is disturbing you, he said i dont have time to talk to you i will see you in the court. Im feeling so harrassed in a way. 

3rd december 8.15 pm he came upstairs at my door. at that time i was on the 2nd level. i live in a duplex and he lives in a single 2bedroom flat. I opened the door and he said to me: '' dont know what you are doing here upstairs, something fell off my wall'' and i was just shocked that time. I said him i was upstairs and you saw me coming from upstairs (he saw me from the door, on the upper part of the front door we have glass which is transparant and he is that tall that he can easily see me when i was walking down the stairs to the front door)..and then he blabbered something in his mouth and said i will take you to the court. Even my other neighbours dont understand what his problem his. Neighbours next door to me never heared anything even from my house, like he said door slamming etc. 

he is saying that dont know many people are living over there so infact i dont know who i should take to the court. Every 2-3 days i see some people with matresses moving in and out from that house. Next wednesday its my turn to tell my story. 

Actuall problem is the houses here are so poor built even when its windy outside i feel sometimes that everything here will collapse. If you just walk here you can here that downstairs. Everyone here in the estate in the duplexes has this problem, but the fellow down me he is just overreacting alot.


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