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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24557
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My new neighbor has just installed a video surveillance camera

Customer Question

My new neighbor has just installed a video surveillance camera facing my entire east wall and front and back yards (including the dog gate and my bedroom with sliding glass doors above desk).

I am in a rural area in Oklahoma.

She is now sending me pictures from it to my text (I gave her for emergency upon her move in) accusing me of entering her house (which has not happened) and photographing me outside telling her dogs to stay so they will not lunge at me walking my dogs while she is gone.

My whole east side is being photographed by her by the machine and put onto internet, including my bedroom.

Illegal?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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My whole east side is being photographed by her by the machine and put onto internet, including my bedroom.
Illegal

.
From a purely legal perspective, if the neighbor is videotaping any activities happening outside your home, that is considered "in public" and would be permissible. A person has no reasonable expectation of privacy outside in public and therefore can be videotaped or photographed. Even though someone is on private property, it is still considered "in public" if they are outside. Police routinely videotape activities via helicopter occurring in people's yards and it is legal for them to do so.
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It is only considered an invasion of privacy if the person is aiming the camera or video recorder inside your house and recording what is happening inside. This can be an invasion of privacy and result in criminal peeping charges being filed.
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As for them putting the images on the internet, since they are legally recording them, they are considered their personal property and they can publish them. The exception would be if they were using your image for some sort of commercial enterprise. Then they would have to have your consent to use your image since they were doing so for profit. A person has a right to keep their image from being used by others for profit without their consent or license.
.

I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.


.
.
Thanks
Barrister
Customer: replied 1 year ago.

So if facing my bedroom glass doors and windows specifically, obviously filming my bedroom, what then?


 

Expert:  Barrister replied 1 year ago.
Well, that would be in kind of a grey area. Facing the house is permissible, zooming in your bedroom window is not. So you would have to have some proof that they were recording actvities inside your home before you could file a criminal complaint that would be pursued.
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With that said, there is nothing that would prevent you from having a local attorney send a "cease and desist" letter stating that this was an invasion of your privacy and violated local peeping ordinances and if it is not stopped you will file formal criminal charges as well as civil suit for harassment. It is somewhat of a bluff, if you can't prove he has recorded inside your home, but a letter from an attorney might just scare him enough to convince him to aim them a different direction.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24557
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 4 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

.

Barrister

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Barrister
Barrister
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14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs