EXPERTS have warned that a smart doorbell camera could see residents fined £100,000.
A homeowner now faces the prospect of paying out £100,000 to his neighbour after a judge said the owner had breached the 2018 Data Protection Act and UK GDPR rules.
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Judge Melissa Clarke said the doorbell camera made use of the neighbour’s personal data.
It is thought around 50% of UK homeowners now have smart doorbell cameras or CCTV devices.
Many homeowners use Ring doorbells to check if parcels have been delivered while they are out.
But if devices such as doorbell cameras and CCTV system encroach upon their neighbour’s property, the Information Commission Officer’s can take action.
The ICO says the use of recording equipment, such as Ring doorbells or CCTV, to capture video or sound recordings outside the user’s property boundary is “not a breach of data protection law”.
However, it states people should try to point their cameras away from their neighbours’ homes and gardens as well as shared spaces or public streets.
It recognises though that this is not always possible.
The ICO recommends that when people do take images and audio recordings outside of their property boundary, they “should consider how intrusive this activity is”.
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Andy Simms, a property expert from MyBuilder.com, said: “If you have installed – or are considering installing – CCTV or smart cameras, there are certain guidelines you need to follow to ensure you are not breaking any rules or laws.
“It’s becoming increasingly popular to have home surveillance systems, and there are many obvious benefits to safety by installing one.
“While it’s not illegal to have CCTV and recording systems on your property, filming people secretly often is.
“You must follow the guidance and position correct signage about your systems, to avoid breaking the law.”
What are the rules about smart doorbells or CCTV?
Data protection law says that people who capture images or audio recordings from outside their property boundary using a fixed camera, such as a CCTV camera or smart doorbell, should:
Tell people they are using recording equipment.
In most circumstances, provide some of the recording if asked by a person whose image has been captured.
Regularly or automatically delete footage.
In most cases, delete recordings of people if they ask, and
Stop recording if a person objects to being recorded but only if it is possible to do so. For example if they can point the camera in a different direction but still use it for the same purpose.
People should note that these rules only apply to fixed cameras. They do not cover roaming cameras such as drones or dashcams.
The ICO recommends following the government advice if you have an ongoing dispute with your neighbour.
The guidance recommends taking the following steps:
- Try to solve the problem informally by speaking with them.
- If the neighbour is a tenant, you could contact their landlord.
- Try using a mediation service if approaching the issue informally does not work.
- Contact the police if your neighbour is breaking the law by being violent or harassing you.
However, it warns the police are unlikely to consider using a Ring doorbell to record you as harassment, without evidence of some other misconduct by the person.
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As a last resort you can take legal action through the courts.
