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Hello. My name is Alex.
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Can you tell me more about the video and who and from where took the video?
Thank you for your follow up.
What did the videos show?
Was the video taken of the common element of the building and not private rental units?
I am unable to conduct review of videos on any third party websites, such as youtube.com, so I will opt-out of your question at no charge to you and will open your question to other legal experts to review.
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Thank you for using our forum. My name is***** am another expert on the forum, and I hope to assist you today.
I have reviewed your posts above, and based only on what you have posted here it is almost certain that the local attorney you consulted is correct.
Many people assume erroneously that they have a "right of privacy" there is no such inherent right. There is a protection from the government against illegal search and seizure (so the government cannot come onto your property and search) - but this doesn't prevent even the government from videotaping you from outside your land.
Laws regarding video surveillance are extremely limited, and it is permissible to install surveillance cameras on private property so that they can "see" anything that would be visible from a reasonable vantage point from that property.
The ***** *****mitations on what surveillance is actually prohibited can be seen here:
Virginia criminalizes the video surveillance or recording of any person in any state of undress in a place of privacy such as a restroom, locker room, dressing room, hotel room, without that person's consent. Additionally, Virginia has an Act regarding the collection of private data by the government, for which an opinion was written by the Attorney General stating that a town may conduct and record visual surveillance in a public place (in this case, the town recreation center) so long as signage is posted and the recordings could not be construed as 'secret'. However, the Attorney General's official opinions only constitute guidance in regard to a particular question, and don't have the force of law, nor is it binding in the court.
VA Stat. § 18.2-386.1
If you have a neighbor that is attempting to use a surveillance camera in an annoying or abusive manner, you may want to invest in view fences, plants, trees, or hedges that will obscure the view between the two properties.
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