Introduction
Here at ASB Help, we have seen an increase in enquiries which have a domestic CCTV element. Domestic CCTV can include indoor, outdoor and doorbell security cameras. For example, a victim of anti-social behaviour may contact us and explain that their neighbour (the alleged perpetrator) has been harassing and intimidating them and has put a domestic CCTV camera in their window which faces their back garden.
As you can imagine, this could make an individual feel uncomfortable and that their privacy is being invaded.
Therefore, a common question we are asked is ‘what are my rights around being recorded?’. We have collaborated with Neighbourhood Watch to bring you a blog which will hopefully give you some insight into your rights around domestic CCTV. However, we also want to highlight the positive impact of the rise of domestic CCTV, for example, the deterrence of anti-social behaviour and evidence supporting police investigations.
What are my rights around being recorded?
To answer this question, we contacted the Information Commissioner’s Office (ICO) for up-to-date advice on this topic. You can find all of this information here. (All information accurate as of 05/02/25)
In line with data protection law, the individual recording must:
-
-
- Have a clear reason for using the CCTV.
- Must make sure that it does not capture more than it needs to.
- Let people know they are using CCTV (e.g. via a sign).
- In most cases, provide some of the recordings if asked by a person whose image or audio, or both, the CCTV has captured.
- Delete the footage regularly or automatically, or both.
- Stop recording a person if they object to being recorded and there’s no legitimate reason to continue recording them.
-
You therefore have rights under data protection to:
Request a copy of the CCTV footage that you’re in from the owner.
-
-
- This is known as a subject access request (SAR). Seeing this footage may make you feel less concerned as it may not record where you think it does.
-
Request the CCTV owner deletes the footage you’re in.
-
-
- This is known as the right to erasure. We recommend that you explain why you would like them to delete the footage.
-
Object to the CCTV owner using CCTV to record you.
-
-
- This is known as the right to object. Contact the CCTV owner and explain that you object to being recorded. The CCTV owner must have a strong reason to continue recording you.
-
It is important to note that the CCTV owner does not need your consent to record you. However, the CCTV owner must be able to demonstrate that their need for CCTV outweighs the invasion of privacy of others i.e. to protect themselves, their family and property.
In 2021, we saw a case in which an individual was taken to court over ‘unjustifiably invading’ privacy of a neighbour via video doorbell.
What should I do?
The ICO suggests starting by having a polite conversation with, or writing to, the CCTV owner, you may wish to:
Explain your concerns.
-
-
- The CCTV owner may not understand why you’re worried about being recorded. If you explain your reasons, they may reposition the cameras.
-
Ask why they’re using CCTV.
-
-
- People usually install CCTV to monitor and protect personal property. It can make the person, and their family feel safe. If you understand why they’re recording, it may put your mind at ease.
-
Ask if they are using filters or privacy blockers.
-
-
- The CCTV owner might be using filters or privacy blockers to reduce the intrusion to your privacy. This could mean that public spaces and other people’s property might be blurred out of the image.
-
Ask to see what they’re recording.
-
-
- The footage captured by the camera may not be as intrusive as you think. Seeing an example of what the camera records may make you feel less concerned.
-
Explain what you hope to achieve.
-
-
- If you want to achieve something specific, then politely explain your expectations to the CCTV owner. They might agree or work with you to find a middle ground.
-
If you feel that a CCTV owner is not following the rules around recording, you can contact ICO directly. ICO can send a letter asking them to resolve things (e.g. put up an appropriate sign or respond to your requests).
However, beyond this, there is a limited amount of action the ICO can take to make the individual comply. It’s highly unlikely that they will consider it fair or balanced to take enforcement action against a home CCTV owner.
How can domestic CCTV be used positively?
We have seen from case studies such as Cumbria Neighbourhood Watch’s successful video doorbell project in which local residents reported feeling safer in their own home. An independent Domestic Violence Advisor stated:
“On one occasion, the doorbell actively prevented a client from opening the door to a dangerous perpetrator, thus ensuring her safety.”
Security doorbell footage was even used to prosecute the man who murdered Stephen and Jennifer Chapple in 2021 after a long-running parking row; a tragedy as a result of anti-social behaviour.
In a recent BBC article, Sally Picker, Crime Reduction Tactical Advisor at Lincolnshire Police stated:
“The footage is absolutely incredible, it’s really clear and can be great for identification.”
“Being able to keep an eye on things at home can be a really good thing for your piece of mind.”
However, as mentioned, it is important that we respect others’ privacy when using domestic CCTV systems.
Cheryl Spruce, Head of Membership and Community Engagement at Neighbourhood Watch has said:
“It’s important to remember that CCTV systems should always protect the privacy of others. Our advice is if people collect footage, it should only be shared with the police or relevant law enforcement bodies. We recommend that people don’t post information or images on social media, because that could potentially jeopardise an investigation or lead to wrongful suspicion.”
Conclusion
We hope this blog has helped you to understand your rights around video doorbells and data protection. If you have any further questions around privacy protection and data rights, please get in touch with the ICO.
Whilst video doorbells may rarely be used with malicious intent, most video doorbell users simply want peace of mind and a sense of safety in their own home.