Neighborhood: cameras are not allowed to film other people's property

  • 2 years ago

Neighbors are not allowed to install surveillance cameras that record their own property as well as that of their neighbors. This has now been decided by the Bad Iburg Local Court (AZ: 4 C 366/21). In the case in question, a neighbor of a semi-detached house had installed surveillance cameras with intelligent video technology on his property, which can, among other things, detect objects and persons in real time.

One of the video cameras is directed at the driveway area and the access road and footpath, the other at the garden and the fields behind the semi-detached house. Both cameras can also record the neighbors' property, which they objected to. Rightly so, as the district court found. The cameras in this form must be removed, as they violate the right of privacy.

In its decision, the district court also took into account that the neighbors had been at odds for several years. Therefore, it explained the injunctive relief by so-called "surveillance pressure". According to the district court, this exists "if someone must objectively seriously fear surveillance by surveillance cameras". This was given in the present case and the plaintiff could "actually also objectively understandably have the concrete fear [...] that there will be surveillance by the cameras in dispute".

Source: Bad Iburg Local Court/AZ: 4 C 366/21; amtsgericht-bad-iburg.niedersachsen.de
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