I don’t like it when you film me

Quick overview

• You can install a camera in your home, but you must not unreasonably invade the privacy of others.
• If the camera is filming family, visitors or tenants, you need their consent.
• Hidden recording in a bedroom or bathroom may be illegal.
• Protecting property is a legitimate reason for a CCTV system, but it must be reasonable.
• In litigation, the court always balances the right to privacy against the reason for making the recording.

Need to assess whether your home camera is lawful? Consult with an attorney about your situation, who can advise you on how to make sure you are not breaking the law by filming.

The reason for installing a camera in your living room, kitchen or bedroom is usually simple. People want to protect their house from burglars, watch what their pet is doing, or check on their small sleeping child. My house, my castle, you might say. So, is it enough to buy cameras and monitor everything that rustles in the apartment without restrictions?

It’s not that simple. The basic premise, of course, is that everyone is allowed to do what the law does not forbid. So you can buy as many cameras as you want and run them in your apartment. The catch is when there are other people in the apartment besides you.

Others have a right to privacy

The right to privacy is governed by the Civil Code, which states that the taking of a person’s likeness in any manner so as to identify him or her may only be done with his or her consent.
The privacy of another cannot be interfered with unless there is a legal reason to do so. In particular, it is not possible to invade a person’s private premises, monitor their private life or make an audio recording without their consent.

Therefore, if we want to monitor our home, we must inform everyone who may be in the recording and have their consent. This applies not only to family members, but also to visitors, cleaning ladies and other people who are in the home.

There is no a priori need to formalise the consent and make a written record of it. However, if the situation escalates into a court case, it is good to be able to prove this in some way.

Are you unsure whether your CCTV system violates the right to privacy? At The Affordable Lawyer we routinely deal with disputes between neighbours, partners and tenants. We can advise you in our online advice room.

What if I don’t get the consent of others?

The question of possible filming of other people should be primarily one of agreement. If the whole family finds it amusing to watch Zeryk’s funny stunts when they think the owners are not looking, then there is nothing to stop you installing a camera in the living room. However, if your teenage daughter disagrees with filming, you should respect her opinion.

When can the ban on filming others be violated?

The office of the Accessible Advocate was contacted by Mrs. Petra, whose husband decided to protect their home from thieves. However, he was not content with a camera in the hallway, as one would expect with such an intention, but installed several devices in the kitchen and bedrooms.

He responded to Mrs Petra’s objection that she felt uncomfortable under the surveillance of the cameras by saying that it was a matter of security for her property and herself and that she was entitled to it. The apartment did indeed belong to her husband and most of the property and valuables were in his possession. Mrs Petra wondered how to proceed in such a situation.

First of all, it was again necessary to reach an agreement. Mrs Petra’s husband certainly has the right to protect his property, but he should seek a solution that does not infringe on the privacy of others. A compromise could therefore be, for example, to place a camera at the entrance to the apartment (but the wife must also agree to this).

An elegant solution could be to set the system to be switched off when entering the apartment, leaving monitoring only for times when the apartment is unoccupied. In an extreme case, Mrs Petra’s privacy could be enforced in court, but litigation between the couple would certainly not be a happy solution in terms of their future together.

Similar situations often arise after partners have separated or in the event of long-term conflicts in the household. If you feel that someone is watching you at home inappropriately or without your consent, there may be an interference with your personal rights. Our attorneys can help you defend yourself.

General principles when recording others

The above principles for making recordings are far from being limited to recording in apartments. We should be equally careful about what and who we record, for example anywhere on the street.

At the same time, it should be said that the law allows for certain exceptions to the prohibition on recording others. Without prior consent, the law allows the recording of images for the protection of other rights and interests (for example, the protection of property or, in certain circumstances, the recording of another person in the exercise of public authority) and for scientific, artistic, intelligence and official purposes.

What decides in the event of a dispute?

How does it work and whose right prevails? First of all, common sense should prevail. If I am in a public place in this day and age, when 99% of passers-by have a recording device with them and use it frequently, I cannot be surprised if I become a fleeting part of some accidental recording. After all, you can’t expect that when someone is videoing themselves on the street for their social network, they will first ask everyone within a ten metre radius for permission.

On the other hand, this is far from a “victory” for those filming. Of course, that exception does not mean that anyone can claim to be making a documentary about their neighbors, family members, or fellow citizens, and thus film them as they please.

In a potential court case, the right to privacy would be put on the balance on the one hand, and on the other the reasons that led another person to violate it. Everything is always judged on a case-by-case basis. In very general terms, however, it can be said that if the reasons for the violation of the right to privacy are not really serious, then the right to privacy will prevail.

When to contact a lawyer

Legal advice is particularly recommended if:

• someone is filming you at home without your consent,
• a neighbour’s camera is taking over your property or windows,
• you want to use the footage as evidence in court,
• you are dealing with a dispute between partners or tenants over cameras,
• you have received a summons from the Office of the Public Prosecutor or a lawsuit is imminent.

In these situations, it is important to quickly assess whether the footage is lawful and what rights you can exercise.

Are you dealing with a dispute over cameras, recordings or invasion of privacy? Contact us. We’ll assess whether the recording is lawful and suggest a course of action – from challenging the other party to seeking legal redress.

Summary

You can install a home camera, but only if you do not unreasonably invade the privacy of others. If the camera is filming family, visitors or other people in the home, you should inform them about the monitoring and ideally get their consent. While protection of property may be a legitimate reason for making a recording, the courts will always assess the reasonableness of the invasion of privacy. In particular, covert or excessive surveillance in intimate spaces is problematic. If you are unsure whether your camera is legal, it is worth consulting an attorney about the situation.