My neighbour's camera points at my house

While we get on, we would not be the best of friends. I do not have difficulty with him putting cameras on his property, but I do not want him recording people or activity on my property.

Dear Reader,

The General Data Protection Regulation (also known as GDPR) came into effect on May 25, 2018, and was incorporated into Irish law through the Data Protection Act 2018.

Under the General Data Protection Regulation (GDPR), the fact that he is pointing a camera at your property means that he has certain obligations towards you and your family. 

As a result of GDPR, he is deemed to be a “data controller”. Because you are living on your property and he is using a camera to capture images, he is gathering what is called “sensitive personal data” of you. This is the type of data that is most protected by GDPR.

As a data subject, you and your family may have certain rights against him. If there are children present in the farmyard or on your property, taking an unauthorised collection of “sensitive personal data” in relation to people under the age of 16 is taken very seriously.

Your neighbour may not be aware of his obligations, and many people use CCTV cameras as a security measure to deter possible intruders, but many homeowners may not realise that their cameras could be infringing on others’ personal data.

Given the fact that you and your neighbour have an amicable relationship, I think it would be best to call to him and just point out that one of the cameras is pointed towards your property and you are not comfortable with this and that you want this activity stopped as soon as possible. 

You could ask him to provide you with a copy of all the camera footage he has taken of you, and you want all copies deleted.

In the event that he refuses to comply with this request, you may have no choice but to send him a registered letter or a letter from a solicitor putting this in writing and giving him a 30-day time period to do so, otherwise, tell him you will lodge a complaint with the Data Protection Commissioner and possibly sue him for any damages.

I understand that you will not want to go down this road, but if he does not comply, you may have to lodge a complaint with the Data Protection Commissioner to enforce your rights. If there are children in the yard and in your house, this should be stressed in the complaint to the Data Protection Commissioner.

In addition, if you can get close enough to the camera, you might be able to see if it is being managed by a security company. If so, the security company also has obligations towards you and your family. You could also send them a similar letter.

If the Data Protection Commissioner fails to address your concerns in an adequate manner, you also have the right to take your neighbour to court to enforce your rights, as well as the security company. If they fail to comply with your request, you can also sue them for damages.