My neighbour has just installed 2 survelliance cameras outside his house, one faces the side and my drive and car is in view, the other faces the public walkway and carriageway, does this need planning, my permission and if he's filming me coming and going, is that not against my human rights??? What can i do about it???
System of Law: England-and-Wales
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Does it point into any of your windows?
No, it doesn't point to house windows.
I am sorry but you are going to struggle to take action over that.The law upon privacy in the UK is still quite limited.Its fair to say that the private citizen has a good deal of protection against State surveillance. Both the police and the local Councils and other emanations of the State need Court authorities before they can conduct surveillance upon a target and that is not usually given lightly. But the private individual or company is free to erect CCTV cameras almost to their heart's content.If a CCTV camera captures a person doing something really private - e.g using a bathroom - then there may be an offence of voyeurism. Unless it goes that far there are very few limits upon their freedom to do so.There is suggestion that the Human Rights legislation may develop in this direction but it has not really happened yet. The HRA regulates the relationship between the State and the citizen. It does not usually become involved in disputes between two citizens and the Courts are reluctant to extend this jurisdiction. As a general rule in the UK there needs to be a relationship of confidence between the party who's privacy is invaded and the invader before there is any cause of action. If there is none then any person is free to take photographs of any other with or without consent. The case of Douglas v Hello! did seem to suggest that the Court of Appeal accepted that the HRA could be used to underpin a freestanding right of privacy. However, the later case of Wainwright v Home Office was a decision of the House of Lords in which it was held that there is no general tort of privacy. There have been other cases that have undermined Wainwright but they have generally involved the police or the local Council. Its much harder to apply this to the private individual.The only other alternative is to argue that is a harassment. You would have to show that all cameras point at your house and no other to get over the hurdle of harassment though. Harassment usually involves a commission. Just watching alone would not normally be sufficient. If you were singled out then that might be an argument. The police probably won't be interested though. You would have to go to a county court and there would be cost in that.Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.
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