Can my neighbor point a surveillance camera at his property that also covers my area?
December 3, 2023 | 50,00 EUR | answered by Paul Heuser
Dear attorney,
I am contacting you with a question regarding neighborhood law. My neighbor recently installed a surveillance camera on his property that also captures my area. I feel that this is affecting my privacy and I am wondering if he is allowed to do so.
The situation is as follows: My neighbor and I share a property where our houses are next to each other. His camera is positioned in a way that not only records his property, but also a part of my garden and terrace. I am concerned that he may be able to secretly observe my activities and potentially even gather sensitive information about me or my family.
I have already tried to talk to my neighbor about this, but he refuses to reposition or turn off the camera. Therefore, I am wondering if he even has the right to install a camera that captures my area. Are there any legal regulations that protect my privacy in such cases? What options do I have to address the installation of the camera?
I would greatly appreciate it if you could assist me in this matter and look forward to your assessment and possible solutions.
Sincerely,
Leonie Rademacher
Dear Mrs. Rademacher,
Thank you for your inquiry regarding neighborhood law concerning the installation of a surveillance camera by your neighbor. It is understandable that you are concerned if this camera also captures your area and thus compromises your privacy. In such cases, it is important to be informed about the legal regulations for the protection of privacy and personal rights.
Generally, the installation of surveillance cameras by neighbors is permissible as long as the legal provisions are complied with. It is important to consider especially the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). These laws regulate the handling of personal data, which includes recordings from surveillance cameras. Neighborhood disputes can often arise due to violations of data protection.
If your neighbor's camera also captures your area, this is usually not permissible without further ado. Your neighbor is only allowed to monitor his own property and only a small part of your property if it is unavoidable. Permanent and comprehensive surveillance of your area is generally not permissible and constitutes an infringement of your personal rights.
In your situation, you have various options to address the installation of the camera. Firstly, you should try to have another conversation with your neighbor and inform him about the data protection regulations. If he continues to refuse to turn off or reposition the camera, you can contact a mediation office or a lawyer specializing in neighborhood law. A lawyer can examine whether there is a claim for cessation against your neighbor and, if necessary, initiate legal action.
It is important that you know your rights and stand up against unauthorized surveillance. I recommend seeking legal advice promptly to protect your privacy and find a solution to the issue with your neighbor.
I hope this information is helpful to you, and I am available to assist you with any further questions.
Best regards,
Paul Heuser, Attorney
