My backyard neighbor installed a surveillance camera on the second story of his house to tape the ongoings of my backyard and he can also see directly into certain rooms of my house. I live in California and I thought that video surveillance cameras could only record public areas ie: the front yard. Please advise.
Answer
Good afternoon and thank you for your question.
Generally, a person has no expectation of privacy in the outdoors (for instance, if the police spot illegal activity outdoors from the air, it is not usually considered a search). However, if the person has erected a fence and the neighbor has arranged for a video camera to peek over the fence, there may be a remedy at law.
Even without a fence, some remedies may be available.
Further, if audio is recorded, some states/municipalities have anti-eavesdropping laws. In such a situation, eavesdropping may be criminal in nature. Depending on the positioning of the cameras, there also might be a criminal case for voyeurism. A victim may wish to contact the police and request that the police investigate the matter. The police may then be able to arrest an individual who is committing such acts. Alternatively, the police may simply ask the person to cease the activity.
Alternatively civil claims may be available. An eavesdropping victim may have a claim that the camera and microphone constitute a nuisance or that the neighbor is interfering with the “quit enjoyment” of his property. The common law concept of nuisance states that one person may not use his own property so as to injure another person's enjoyment of his own property. An infringement on the right to "quiet enjoyment" of property could also be a possibility. "Quiet enjoyment" generally means undisturbed use of one’s own property.
Generally, a person has no expectation of privacy in the outdoors (for instance, if the police spot illegal activity outdoors from the air, it is not usually considered a search). However, if the person has erected a fence and the neighbor has arranged for a video camera to peek over the fence, there may be a remedy at law.
Even without a fence, some remedies may be available.
Further, if audio is recorded, some states/municipalities have anti-eavesdropping laws. In such a situation, eavesdropping may be criminal in nature. Depending on the positioning of the cameras, there also might be a criminal case for voyeurism. A victim may wish to contact the police and request that the police investigate the matter. The police may then be able to arrest an individual who is committing such acts. Alternatively, the police may simply ask the person to cease the activity.
Alternatively civil claims may be available. An eavesdropping victim may have a claim that the camera and microphone constitute a nuisance or that the neighbor is interfering with the “quit enjoyment” of his property. The common law concept of nuisance states that one person may not use his own property so as to injure another person's enjoyment of his own property. An infringement on the right to "quiet enjoyment" of property could also be a possibility. "Quiet enjoyment" generally means undisturbed use of one’s own property.
没有评论:
发表评论