Can my neighbor point a camera at my garden?

The short answer

Your neighbor has no right to place cameras that film your garden or other private spaces. This constitutes an infringement of your privacy and is prohibited under the GDPR and the Dutch Civil Code. Even if the camera is officially intended for your neighbor's own security, it may not be directed at someone else's property. You can take legal action to have this stopped. If your neighbor violates this, they risk a fine from the Dutch Data Protection Authority.

What does the law say?

The law protects your privacy in multiple ways against unwanted neighbor cameras. The GDPR prohibits the processing of personal data without a legitimate basis, and images of you in your garden fall under this. The Dutch Civil Code gives you the right to protection of your private life. Additionally, the Dutch Criminal Code may apply in case of serious violation of respect for personal life.

What should you watch out for?

Pay close attention to the direction and range of your neighbor's cameras. Even if the camera is officially for their own security, it may not capture images of your property. Document the situation with photos and note when you discovered the camera. Carefully keep all communication with your neighbor on this subject.

Example from practice

Ms. Jansen discovered that her neighbor had installed a security camera that filmed her backyard. Despite repeated requests, the neighbor refused to move the camera. Ms. Jansen filed a complaint with the Dutch Data Protection Authority and went to court. The court ruled that the neighbor had to remove the camera and pay compensation. The Dutch Data Protection Authority also imposed a fine of €2,500 for violation of the GDPR.

What can you do?

Always start with a friendly conversation with your neighbor about the situation. If this does not help, you can take formal steps through various authorities.