The rules and regulations surround domestic CCTV are murky at best, depending on the county you are living in it is likely that your CCTV system will have to meet different requirements. The Human Rights Act only applies to Public Bodies, meaning that home owners or private individuals do not have to meet the same regulations. Likewise, the Data Protection Act does not apply to individuals holding information for domestic use.
However, I would never recommend setting up your own CCTV system that is pointing directly into a neighbour’s property. Even if it is for domestic use, you will most likely have to prove that you have used CCTV as a way to protect your property.
Q. My neighbour has installed a CCTV camera and it is pointing towards my house / garden. Is this a breach of the Data Protection Act?
A. If your neighbour’s camera is installed on their residential property and is being used for their own personal domestic use, then they are unlikely to be breaching the Data Protection Act. This is because the use of CCTV cameras for domestic security purposes is exempt from the data protection principles. This applies when a person uses CCTV to protect their home from burglary, even if the camera overlooks the street or other areas near their home.
Users of small systems or home systems which contain less than 3 cameras, which are not remotely operated (ie. they cannot be moved left / right and zoomed from a controller away from the camera), and the information gathered is passed to no-one but the Police, have no requirement to register with the UK Information Commissioner (Data Protection Act 1998), nor place signs, keep tape records etc although placing signage can assist as a deterrent.
Under the Data Protection legislation (Data Protection Act 1998) CCTV installations within domestic premises do not require to be registered with the Information Commissioner, formerly the Data Protection Registrar. There is therefore no requirement to keep records of recordings or place signage around the premises where CCTV is being used.
However, I would always recommend that you get a CCTV system installed by a professional CCTV company as they will be aware of the exact regulations set by the council in your county. They will also be able to work with you to make sure you are happy with your CCTV coverage and make sure that everything is up to industry standard. Most CCTV companies will also offer maintenance packages to make sure that your CCTV continues to meet these standards and that you receive the level of protection you are expecting.