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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2014
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I own a vacation property at a lake in Alberta. I have a

Customer Question

I own a vacation property at a lake in Alberta. I have a neighbour on one side that has security cameras all over the place, and can see my whole property and watches us on his video monitors. It makes it uncomfortable and diminishes the enjoyment of our property. Is this legal, and is there anything I can do about the situation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening, I would be happy to assist you.

Expert:  Copperlaw replied 1 year ago.

Its surprising how often this question comes up, particularly now that home monitoring and security systems are so affordable and much more common.

Essentially, the test is two-fold.

1) Is he aiming cameras directly into your property for the sole purpose of viewing your property only, or do his cameras, which monitor his property, happen to capture your property in the background or adjacent to his monitored property

and

2) Is any location being captured, somewhere that you would ordinarily have a reasonable expectation of privacy?

Expert:  Copperlaw replied 1 year ago.

So if the cameras are on his property, aimed outward to capture his property, but also capture your property or home in the process, there is nothing illegal about this. If the camera is on his property, but directly aimed at one of your windows, solely for the purpose of recording activity in your dwelling, then this is a problem and he could face legal issues either criminally or civilly.

Expert:  Copperlaw replied 1 year ago.

When you are outside of your residence, but on your property, there is a lessened expectation of privacy. This is also how the "paparazzi" get pictures of celebrities using gigantic zoom lenses, without facing prosecution.

If people could walk or drive by and readily see you, then capturing you on film would not constitute an offence.

Please let me know if you have any follow up questions as a result or if you require clarification as I am happy to chat further.

Also, please take a moment to leave me a positive rating as this assists me in building my reputation here on the site.

Jim

Expert:  Copperlaw replied 1 year ago.

Hi, I see that you were back in and viewed my response however I do not see a reply from you.

Please let me know if you are satisfied with the information I have provided or if you require anything further.

Jim

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