Neighbours CCTV recording audio from our back garden

SharkMoney

Let’s say you win a court battle and he is banned from owning cctv equipment. He will just open his window and listen to you if he’s that bothered, or leave a mobile phone outside on record. You can’t win this. 

vitaweat

SharkMoney said:

Let’s say you win a court battle and he is banned from owning cctv equipment. He will just open his window and listen to you if he’s that bothered, or leave a mobile phone outside on record. You can’t win this. 

`No.  He cannot record the conversations of third parties without the permission of one of the parties of the conversation.

He can record his conversations with the OP but he can't record my conversation with the OP in a place with an expectation of privacy without the permission of the OP or me.

AdrianC

https://www.dma-law.co.uk/is-it-illegal-to-record-conversations/
Is it illegal to record a conversation in secret?

Recording a conversation in secret is not a criminal offence and is not prohibited. As long as the recording is for personal use you don’t need to obtain consent or let the other person know.

There is, of course, a strong argument that he has no intention to record the conversations, but they are simply being picked up by the mic as ambient background noise.

Jumblebumble

vitaweat said:

As I understand it, it's against the law to record a conversation without the permission of at least one party to that conversation without a court order or the permission of the Home Secretary.  From what I can see this is criminal offence under RIPA 2000.

You also have a right to privacy under the Human Rights Act and this might very well breach this law too.

If the footage is not held securely or is shared online without your permission then that is a breach of the Data Protection Act. 

If it bothers you, and it sure as hell would bother me, instruct a solicitor to get advice how to construct a case and then take evidence to the police showing how and why the law is being broken.

I think that this course of action would be a very expensive waste of time and the chances of the Police taking any interest whatever would be close to zero
If the  neighbour  asserts that  the audio has been disabled but is has not been what happens next ?

Newnoel

Short term options: Wind chimes? Borrow / foster a yappy terrier for a while? Leave Radio 4 on beside an open window?

Longer term: Grow a deciduous hedge / tree to block the sight line into your garden and distort or reduce the noise?

Or just let it be .... he'll get bored eventually

davidmcn

vitaweat said:

As I understand it, it's against the law to record a conversation without the permission of at least one party to that conversation without a court order or the permission of the Home Secretary.  From what I can see this is criminal offence under RIPA 2000.

You also have a right to privacy under the Human Rights Act and this might very well breach this law too.

If the footage is not held securely or is shared online without your permission then that is a breach of the Data Protection Act.

I can't see any of those being relevant here. The Human Rights Act, for example, is something you can only invoke against a public body.

simonp

vitaweat said:

As I understand it, it's against the law to record a conversation without the permission of at least one party to that conversation without a court order or the permission of the Home Secretary.  From what I can see this is criminal offence under RIPA 2000.

I don't believe this is true - in fact how can it be - there are dozens of similar products on the market. I have a Google Nest cam covering the front of my house that records sound and video.
And what about all these new doorbells like Google Nest Doorbell or Ring that are recording sound and video every time someone walks up your drive?

Ditzy_Mitzy

I like the fun suggestions.  You might consider going out with another and having loud conversations about salacious goings on in the neighbourhood: naughtiness, swinging, drugs being grown in lofts, undercover police operations, dodgy dealings by the council and possible planning applications for social housing etc.  ensuring that each speaker 'whispers' names or pertinent details.  Imagine all the time the neighbour will then waste listening to said conversations, looking up things on the internet or Facebook, looking foolish when he starts asking around about complete nonsense.... 
Or don't do it.  I don't condone such things. 

YoungBlueEyes

OP is there a history of ...unhappiness... between you and your neighbour? Any cross words exchanged? Can the camera see/hear his neighbour on the other side? Do they have a history maybe? 

Or, just a thought, perhaps it’s something completely other. Maybe he wants to see what wildlife he gets in his garden overnight. I’d love to see+hear what goes on in my garden in the nighttime. I saw a hedgehog once or twice when I moved in, now I’m knee-deep in the beggars judging by the number of little poos I find in the morning... 🙂

[Deleted User]

vitaweat said:

As I understand it, it's against the law to record a conversation without the permission of at least one party to that conversation without a court order or the permission of the Home Secretary.  From what I can see this is criminal offence under RIPA 2000.

You also have a right to privacy under the Human Rights Act and this might very well breach this law too.

If the footage is not held securely or is shared online without your permission then that is a breach of the Data Protection Act. 

If it bothers you, and it sure as hell would bother me, instruct a solicitor to get advice how to construct a case and then take evidence to the police showing how and why the law is being broken.

Don't worry, he has the permission of the Home Secretary so its all good.