Your Neighbor’s Cameras Point at Your House - Is It Legal and What to Do in This Case

It may seem absolutely natural and reasonable when you have a video surveillance system to secure your home. However, if you see security camera system installers working in your neighbors’ garden or at the front door, you may feel a bit anxious. At last, if you finally find out that the cameras are pointed right at your yard or your windows, discomfort may become your regular companion.

So, do your neighbors have the right to use video surveillance in a way it covers your property? Can you regard it as a violation, an installation blunder, or just a desire to protect a bit of you because you are in good relationships? Professionals from 718-USA-CCTV security camera installation company reveal all legal aspects, as well as actions you may take when you discover neighbors’ security cameras recording your home or even you.

Reasonable Expectation of Privacy - What Does It Mean?

Neighbors’ cameras pointing at your house may cause distress and the desire to require their deinstallation on legal basis. However, we stay honest and objective; such a monitoring position is perfectly legal in the majority of cases. Streets and front yards refer to public areas, and it is allowed to record them. Nevertheless, it doesn’t mean any homeowner can choose any direction for his security cameras. The legal line is drawn, and it goes through the point known as “reasonable expectation of privacy”.

It is a term which applies to the situation where lawyers need to assess whether someone’s privacy has been infringed or not. It is based on two crucial factors; subjective expectation which implies a person counting on privacy in a certain place in general, and objective reasonableness when this expectation of privacy is welcomed and approved by the society.

If we transfer the term to our situation, that is how it may look like. Imagine; the neighbor’s security camera monitors the driveway and also captures some street area along with your front yard which is also visible to all people passing by. In this case, there is no privacy violation; front yards refer to public-facing areas, so society doesn’t expect privacy there.

However, if you see the camera lens pointing right at your bathroom window, we may talk about infringement. The thing is, that you expect privacy in such a space, and it is respected by society, so monitoring such zones is most likely to be illegal.

And What About Law on Video Surveillance?

Provisions of federal law contain just basic standards for privacy which becomes a starting point for state laws. Each jurisdiction states its own rules aimed at preventing surveillance in spaces where, from the authority point of view, objective reasonableness goes hand in hand with subjective expectation.

As for New York, it also has some provisions on surveillance and privacy. According to NY Civil Rights Law §52-A, when cameras are placed to record on the neighboring property and its owner doesn’t give a written consent to it, the action is regarded as an attempt to disturb, to threaten, or to harass, and is classified as illegal. In simple terms, it’s the same again; if cameras from your neighbor captures your front yard by occasion, it is legal in NY until they are not used to frustrate you. That is why security camera installation in Long Island, Queens, and the other NY boroughs implies some efforts to comply with legal requirements.

Is Audio Recording Legal in New York?

Cutting-edge cameras often have audio recording capabilities, and if your neighbors choose this very hardware, they also have to comply with the legal rules.

In New York, it is necessary to obtain at least one party to consent if audio recording is carried out. It means that if you pass by your neighbor’s house and stop for a conversation, you need to agree or not to your voice being recorded.

When a Neighbor’s Camera Pointing at Your House Is Illegal?

As 718-USA-CCTV installers assure, professionals always evaluate cameras’ position to comply with all regulations and avoid penalties for their clients. However, DIY installation often leads to occasional or intentional infringement. This is how it may look like:

1. Your Reasonable Private Areas Are Monitored by the Neighbor’s Camera or Cameras

It is quite natural that inner spaces of your house are absolutely private areas. However, you also have the right to conceal outdoor spaces, including patios, pools, or backyards if you don’t want others to see them. In both cases, any attempt to infringe on your privacy is regarded as illegal even if it is not on purpose.

For example, your neighbor may mount his security camera on a tree or a pole to monitor his back door or driveway better. If it captures a part of your shielded patio, it is a case of privacy violation. Same as the camera looks right into your bedroom window; it is illegal as well.

Both scenarios are here to let you understand how we can understand privacy. In fact, any space a person can’t see without special equipment or stepping right there is a private area.

2. Your Property Is Under Surveillance but There Are No Security Purposes

Normally, security cameras work in a rather calm mode until they detect unusual activity. If you identify that the hardware of your neighbor pointed at your house behaves in an odd way, it is a reason to suspect him of privacy violation.

Cameras with basic features usually don’t show the recording is on. However, pan-and-tilt devices are easy to catch following your movements around your territory. Also, if an alert is on with no reason or there are attempts to tell you something via one-way or two-way audio to intimidate or scare you, it is classified as harassment or anti-stalking law violation.

3. Your Private Conversations Are Recorded by Neighbor’s Camera

New York is a one-party consent state. It means that at least one individual involved in any conversation needs to give his or her consent to recording. If your neighbor informs you about audio features of his surveillance system and you have nothing against it, it is alright. However, if it is revealed occasionally, you can consider it as bad intention.

How Should You Act When You Detected the Neighbor’s Camera Look at Your Property?

First, stay away from conflicts or rash actions. If you suspect your neighbor on infringement or cameras pointing at your house make you feel distressed, start with the following actions:

1. Watch the camera for a few days to determine if it really follows you or your property or its position doesn’t provide security to your neighbor.
2. Make videos or photos of the camera which prove an odd surveillance behavior; for instance, it may look right into your window instead of giving a view of the neighbors’ fence or garage.
3. Collect all evidence properly.
4. Talk to your neighbor in a polite way and ask if he or she would be so kind as to reposition his or her hardware.

If this “soft” strategy doesn’t work, try to hinder the surveillance with your own hands. Block the view with curtains, umbrellas, a canopy or install and switch bright lights at night. If you define your neighbor repositioning his camera in a way it is still directed at your property or private areas, you have the absolute right to turn to a local attorney.

To Sum Up

Respecting others’ privacy is a second key point when it comes to audio and video surveillance. If there are concerns caused by your neighbor’s camera, you can feel free to take legal steps to make him consider your rights.