With smartphones, doorbell cameras and home security systems becoming more common, a growing number of people are asking whether your neighbour can film you in your garden.
Whether it is on purpose or being caught by a neighbour’s CCTV camera, you may be wondering if it is legal.
Experts have had their say, so here’s what UK law says and what to do if you feel your privacy is being invaded.
Can my neighbour film me in my garden?
Camera experts at Online Spy Shop regularly advise on surveillance and privacy, and this is one of the most common grey areas people encounter.
Speaking about whether your neighbour can legally film you in your garden, a camera expert at Online Spy Shop said: “Not always. If the filming is accidental or incidental, like a security camera capturing the edge of your garden while monitoring their own property, it’s usually allowed.
“But if your neighbour is deliberately and repeatedly pointing a camera at your garden, especially with no clear reason, it could be a breach of your privacy.
“Even though a garden is technically outdoors, UK law recognises that you have a reasonable expectation of privacy, especially in a fenced or enclosed space.”
They say you must avoid the following:
- Filming inside their home or windows
- Recording them unnecessarily or excessively
- Sharing any footage unless you have a legal reason (e.g. submitting evidence)
- Even if the camera is on your property, filming someone else’s private space without justification can backfire legally
What does the law say about being filmed in your garden?
Under the Protection from Harassment Act 1997, it’s a criminal offence to engage in behaviour that causes alarm or distress, and repeated or targeted filming can fall under that definition.
If your image is recorded and stored, the UK General Data Protection Regulation (GDPR) may also apply.
This is especially relevant if the footage is used, shared, or published without your consent.
Privacy is further protected under Article 8 of the Human Rights Act, which covers your right to respect for private and family life, including your garden, if it’s clearly private.
The experts say that if someone is found to be filming in a way that invades privacy or constitutes harassment, they could face:
- A police warning or prosecution under harassment laws
- An injunction preventing further surveillance
- Action from the Information Commissioner’s Office for data protection breaches
- In severe cases, criminal charges for voyeurism or stalking
Is my smart doorbell breaking the law?
If your camera or doorbell records video and audio outside of your property boundary, such as neighbouring homes, gardens or the street, then you could be capturing footage containing other people’s private data.
Consumer experts Which? explained: “In 2021, a judge ruled that an Oxfordshire man had broken data laws over his placement of multiple smart doorbells and security cameras at his property that also covered a neighbour’s home.
“The judge not only expressed concern over the video recording capacity of the devices beyond his property, but also the fact that they could capture audio potentially more than 60 feet from the device.
To avoid falling foul of GDPR laws, ensure to consider placement, use privacy features, consult your neighbours and delete unused footage.
What should you do if your neighbour is filming you?
The experts say to document it, keeping a log of what’s happening, as well as speaking to them, as it could be accidental.
Contact the police or your local council if the issue continues and seek legal advice if you feel targeted or harassed.
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Experts at Online Spy Shop say: “Just because you own a camera doesn’t mean you can aim it wherever you like.
“If someone is persistently filming your garden without a valid reason, especially if it feels deliberate or invasive, you’re absolutely within your rights to challenge it.
“The law is there to protect your personal space — and that includes your garden.”
