With the Federal Government proposing a statutory tort of interference with privacy a story about homeowner pointing CCTV into neighbours backyard

October 17, 2024 |

NIne News reports in ‘Am I justified?’: Homeowner installs CCTV camera pointing straight into neighbour’s backyard one homeowner installing a camera pointing into a neighbour’s yard. At the moment the legal options are cumbersome and generally ineffective. There is no tort of harassment and it would be difficult to successfully argue nuisance and not possible to argue trespass. A tort of interference with privacy would however deal with such egregious conduct. As the story makes clear the Privacy Act does not apply. No so in the UK where the Information Commissioner does have powers and has issued a guidance as to the placement of CCTVs. The Commissioner has stated in summary that:

Where possible owners should position their cameras to only capture their own property. However, if this isn’t possible and the CCTV captures someone else’s property, a public area or communal space, then data protection law applies. This is because CCTV can capture images and voices of other people, and this counts as their personal information.

It is not theoretical.  In 2021 the UK in Dr Mary Fairhurst -v- Mr Jon Woodard an Oxford County Court ordered the defendant to pay 100,000 pounds for breach of the Data Protection Act in collecting data about the plaintiff through a camera.

The Nine story provides:

An Australian homeowner’s alarm has been raised after their neighbour installed a security camera that points over the dividing fence and directly into their backyard.
The homeowner posted the situation to Reddit, claiming the Ring Spotlight camera turned on when they walked around their alfresco.
Ring describes that particular model as its “most advanced battery-powered spotlight camera” which has motion sensors and captures both audio and video.
It also has a bird-eye view which can “see precisely where someone’s been and how they got there with an aerial view of your home”.
The homeowner asked: “Am I justified in asking them to disable the spotlight and adjust the camera’s angle?”
While many Reddit users suggested the homeowner try to obscure the camera’s view, let’s see what the federal government says.
The Privacy Act does not cover security cameras operated by individuals acting in a private capacity, according to the office of the Australian Information Commissioner.
While some state and territory laws may apply, the office advises coming to an agreement with your neighbour yourself.
“If your neighbour has a security camera pointed at your house and you’re worried about your privacy, first try to talk to your neighbour,” the Australian Information Commissioner’s office said.
“If this doesn’t fix the problem, you could ask your local community justice or neighbourhood mediation centre for help.”
In the instance that mediation has failed, you can then contact your local council to find out if the practice contravenes any local laws.
“Some councils require planning permission for security cameras,” the Australian Information Commissioner’s office said.
“If your property is part of a strata title, check the by-laws to see if they cover installing or using security cameras.”
For more information on whether any laws apply in your state and territory, contact your local Attorney-General’s Department.

 

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