Question: We got a video doorbell installed last year and we found it very handy to check on package deliveries and visitors while we were at work.
nfortunately, around the same time, new neighbours moved in and things started going missing on our estate. A lawnmower, various planters and lots of packages.
We have since been tracking our camera footage and we have video evidence of our neighbour taking a pair of my son’s shoes from the porch and prising a package out of our post box.
I want to confront her — or bring the matter to the guards — but we never told her we installed the camera. Could she argue that we were spying on her?
Answer: Video doorbells are becoming increasingly popular in Ireland. They give homeowners peace of mind and a sense of security, but they can also invade neighbours’ privacy and lead to all sorts of disputes.
I shared your dilemma with several experts and the general consensus is you weren’t obliged to tell your neighbour you had the system installed. However, the positioning of the camera could present an issue, which your neighbour, if confronted, may choose to exploit.
“Depending on how the camera is positioned and what it can see, you may fall under the laws that govern CCTV — the GDPR and Data Protection Act,” says Daragh O Brien, founder and Managing Director at data protection firm Castlebridge.
“If a doorbell camera is only capturing your property and is not overlooking any public areas such as the street or footpath, or directly overlooking a neighbour’s property, then it is straightforward and you can rely on the ‘domestic use’ exemption under GDPR. You can use the recordings to raise the issue with your neighbour or, indeed, to refer the matter to the gardaí.
“If, however, your camera captures the street outside or any other public area, you can no longer enjoy the benefit of this exemption. Therefore, you would need to comply with GDPR obligations around the use of CCTV, including letting people know you have a camera recording a public area.”
I also shared your dilemma with solicitor Fintan Lawlor of Lawlor Kiernan Solicitors, who is an expert in the area of data protection.
He notes that there has been a large number of complaints to the Data Protection Commission in recent years “in respect of people’s data being recorded and then used at a later stage in circumstances where they were not aware that the footage was recorded”.
However, in this particular instance, he says there was no obligation to tell the neighbour that there was a camera installed, and the neighbour cannot argue that you were spying on her. “She is quite entitled to either confront her or bring the matter to the gardaí.”
This answers the legal side of your question but you still have to live beside this person and you’d probably prefer to maintain good neighbourly relations rather than engage in a lengthy legal process or reach an impasse.
Mediator Cathy Drew McGann of Drew McGann Mediation says you have a number of choices. However, if you decide to resolve the matter with your neighbour, she advises you to “meet them in a neutral, safe place, notify them that you have a doorbell camera and advise them that the doorbell camera only points to your property”.
“You can then give your neighbour the information that there are images of them taking your son’s shoes and a parcel from your post box and ask for them back,” she says. “If the neighbour readily returns them to you, you might suggest they speak with someone about their issue.
“It seems to me that you do not have evidence that they took the lawnmower and other items. On the other hand, you may decide to contact the gardaí and show them the doorbell camera evidence.”
Mediator Declan Foley of Mediation Westside agrees that while alerting the gardaí will result in a “strong handling of the issue”, the downside is a “possible deterioration of relations”.
“Mediation done well could break the ice towards a better relationship down the road and nip the current issue in the bid,” he says.
Mediation can involve costs but should be taken on by a voluntary mediation group or the local authority if the house belongs to them, he adds. It’s a voluntary process so your neighbour may decline the request.
You should also be aware that your neighbour may still take the position that you were spying on her, even when you present her with the facts. “However, if the camera is only seeing your property and they were there with no good reason and were taking things, you have the stronger position,” says O Brien.
Ultimately, your dilemma highlights some of the legal issues surrounding doorbell cameras, not to mention the general lack of awareness among consumers. Anyone who chooses to install such a device should make themselves aware of data protection laws and read the terms and conditions carefully, adds O Brien.
“Many manufacturers claim rights over footage captured by their cameras, which can be used for other purposes. For example, Amazon has launched a TV show Ring Nation that uses footage obtained from ring doorbells for entertainment purposes, in addition to using the footage to train various AI systems.”
If you have a dilemma, email k.byrne@independent.ie.
