Warning: Your smart doorbell camera could land you with a £100,000 fine
EXPERTS have warned that a smart doorbell camera could land residents with a £100,000 fine.
A homeowner is now facing the prospect of paying out £100,000 to his neighbor after a judge ruled the owner had breached the Data Protection Act 2018 and the UK’s GDPR rules.
Judge Melissa Clarke said the doorbell camera used the neighbour’s personal details.
It is believed that around 50% of UK homeowners now have smart doorbell cameras or CCTV devices.
Many homeowners use Ring doorbells to check for delivery of packages while they are in transit.
But if devices such as doorbell cameras and CCTV systems encroach on a neighbour’s property, the Information Commission Officer can take action.
The ICO says the use of recording devices, such as Ring doorbells or CCTV, to capture video or audio recordings outside the user’s property line is “not a breach of data protection law”.
However, it says people should try to point their cameras away from their neighbours’ homes and gardens, as well as shared spaces or public streets.
However, she acknowledges that this is not always possible.
The ICO recommends that when people make images and audio recordings outside their property boundaries, they “should consider how intrusive this activity is”.
Andy Simms, a property expert from MyBuilder.com, said: “If you have installed or are considering installing CCTV or smart cameras, there are certain guidelines you should follow to ensure you don’t break any rules or laws.
“It is becoming increasingly popular to have home surveillance systems, and there are many clear security benefits to installing one.
“While it is not illegal to have CCTV and recording systems on your property, secretly filming people often is.
“You must follow the guidelines and place appropriate signage on your systems to avoid breaking the law.”
What are the rules surrounding smart doorbells or CCTV?
The Data Protection Act says that people who capture images or audio from outside their property boundaries using a fixed camera, such as a CCTV camera or smart doorbell, must:
Tell people they are using recording equipment.
In most cases, you can provide part of the recording if requested by someone whose image was captured.
Regularly or automatically delete footage.
In most cases, delete people’s recordings if they ask, and
Stop recording if someone objects to recording, but only if this is possible. For example, if they can point the camera in a different direction, but still use it for the same purpose.
People should note that these rules only apply to fixed cameras. They do not cover roaming cameras such as drones or dashcams.
The ICO recommends that you follow government advice if you have an ongoing dispute with your neighbor.
The guidelines recommend taking the following steps:
- Try to resolve the problem informally by talking to them.
- If the neighbor is a tenant, you can contact the landlord.
- Try using a mediation service if approaching the issue informally does not work.
- If your neighbor breaks the law by being violent or harassing you, contact the police.
However, it warns that police are unlikely to consider using a Ring doorbell to record you as a harasser, without evidence of other misconduct by the person.
As a last resort, you can take legal action through the courts.