A client asked: What is the law on CCTV installation
on a private property in relation to privacy and the law? I have a situation
where a camera has been set such that 85% of what is being captured is in my
yard.
Privacy issues
You have the
right to protect your property and this can be done by using a CCTV system
where it is necessary, such as a security measure. However, out of respect for
your neighbour, CCTV systems should be used in a responsible way to respect the
privacy of others.
The problem
arises when you cross the line between monitoring your own property and
somebody else’s. If your camera is angled in such a way that it includes
coverage of your neighbour’s yard or driveway, then complaints about invasion
of privacy will follow.
CCTV
monitoring is acceptable and even welcomed in public places, but it is
unreasonable to be spied on in your own private property.
The law
The
complaints about invasion of privacy are not specifically protected in law. Our
constitution gives a citizen the broad right to privacy. However, there is nothing
illegal, per se, about home surveillance in South Africa.
South Africa’s Protection
of Personal Information Act which seeks to regulate the Processing of
Personal Information, does not apply to purely household or personal activity.
Clearly, the common law would protect you,
regarding your neighbour’s CCTV cameras, when:
·
The
surveillance is of a criminal or voyeuristic nature;
·
The area
being monitored is one where someone would reasonably expect to have privacy,
such as a bedroom or bathroom;
·
The
surveillance is of such intensity that it is creating a nuisance, preventing
someone from the enjoyment of their property;
·
The
installation of the cameras is the result of a neighbourhood dispute involving
threatening behaviour, in which case an apprehended violence order may call for
the cameras to be removed.
The solution
Use some basic common sense to avoid alienating
your neighbours and possibly being taken to court.
When you install CCTV cameras, make sure that:
·
You are
transparent to those around you when installing your CCTV system, by informing
your neighbour(s) about your system;
·
They are
only monitoring your property;
·
If your
camera is pointing directly at a neighbour’s property, you should take steps to
reposition it to avoid complaints or in some cases accusations of violation of
privacy or harassment;
·
If they are
overlooking the street, there is a sign informing people they are being
monitored;
·
They are not
monitoring areas where people could reasonably expect privacy;
·
The stored information
is not used for any other purpose than protecting your property;
·
If you
record images, regularly delete the recordings and do not keep them for longer
than is necessary for the protection of your property;
·
If your
system captures information of an incident, retain that information as it could
be use by the police to aid an investigation.
