Can my neighbour's security camera point at my house?

What the Privacy Commissioner says

The Privacy Act mainly applies to organisations. The Commissioner’s guidance is that the actions of a neighbour acting in their personal capacity will generally not be covered. Home security cameras usually fall into that category.

The Act can apply to an individual’s personal activity in two limited cases. The first is where collecting, using or disclosing the information would be highly offensive to an ordinary reasonable person. The second is where it’s collected unlawfully. The Commissioner describes this as a high threshold.

When other laws come in

• Intimate recordings. It’s against the law to make covert intimate recordings of people, such as filming into a bathroom or bedroom. That’s a criminal matter for Police.
• Harassment. If the camera is part of a pattern of behaviour intended to intimidate you, such as filming you deliberately, following you or posting footage of you, the Harassment Act 1997 may help. You can apply to the District Court for a restraining order.
• Posting footage online. If your neighbour posts footage of you to shame or harm you, the Harmful Digital Communications Act may apply. You can complain to Netsafe.
• Privacy torts. New Zealand courts recognise claims for serious invasions of privacy in some circumstances. This needs legal advice.

What to do

1. Talk to your neighbour first. Many cameras are pointed without much thought about who they capture. Ask what it covers and whether it can be angled or masked. Most modern cameras have privacy masking that blacks out part of the frame.
2. Ask to see what it records from their side, if you’re on good terms.
3. Write it down if it continues, noting dates, what you’ve asked and how it affects you.
4. Try mediation. Community mediation services and some councils help with neighbour disputes. Free legal help is available from Community Law centres.
5. Go to Police if you believe you’re being recorded somewhere private, or you’re being harassed or threatened.

If you’re the one with the camera

Point it at your own property. If it can’t avoid a neighbour’s yard or window, use privacy masking. Avoid recording audio. Tell your neighbours it’s there. The Commissioner’s advice is to respect others’ privacy in how you position cameras, which also avoids most disputes.