Who's Right?Neighbour's camera filming my garden: is it legal?
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In short
In France, no: according to the CNIL, people may install a camera at home, but it may only film their own property. If it covers your garden, ask your neighbour to re-angle it.
Both sides
Two weeks ago, Karim put a camera on his garage, and it points straight at my garden. I can see it covers my whole patio, where my kids play and where we have Sunday lunch. I don't feel at home anymore. I feel watched every time I step outside. He didn't even tell me before he put it up. I want it taken down or turned away, full stop.
Someone tried to break through my gate this summer, and my wife hasn't slept properly since. I put the camera up to watch my driveway and my car, not to spy on anyone. Yes, it catches a bit of Mathilde's garden, but I never look at that part. I don't see why I should give up protecting my own home. She could have come and talked to me before threatening to file a complaint.
The verdict
On the main point, Mathilde is right. According to the CNIL, a camera put up by a private individual may only film their own property. It doesn't matter that Karim never watches that part of the footage: the camera still records his neighbour's private life, on her patio, with her children.
Still, Karim's reason is genuine. Wanting to protect your home after an attempted break-in is legitimate, and nothing stops him from filming his own driveway and gate. His mistake is the camera angle. He was also inconsiderate to put it up without telling Mathilde.
As for Mathilde, she would have done better to talk to him calmly before threatening a complaint. Re-angling the camera fixes this easily. Her complaint is valid, but there was no need to start by escalating.
The compromise
Karim re-angles the camera so it only covers his driveway and gate, and masks the part that spills over if needed. Then he shows Mathilde the live view so she can check for herself what is being filmed. He also deletes any footage he already has of her garden.
What the rules say
According to the CNIL (France's data protection authority), people may install cameras at home to keep it secure. However, they must respect the privacy of their neighbours, visitors and passers-by. The cameras may only film their own property: the inside of the house or flat, the garden, the private access path and the front of the home. A neighbour's garden is not part of that. These systems are exempt from personal data protection rules only if they stay strictly within the private sphere.
If you think your neighbour's camera invades your privacy, the CNIL says you can contact its complaints department, the police, the gendarmerie or the municipal police.
Under criminal law, Article 226-1 of the French Criminal Code sets a penalty of one year in prison and a 45,000 euro fine for deliberately invading someone's privacy. This includes capturing, recording or transmitting, without consent, the image of a person who is in a private place. The same article says consent is presumed if this happens in plain sight of the person and they do not object when they could have. The courts assess each situation on its own facts.
Sources:
- Mon voisin a installé une caméra qui filme mon domicile, quels sont mes recours ? (cnil.fr)
- La vidéosurveillance – vidéoprotection chez soi (cnil.fr)
- Article 226-1 - Code pénal - Légifrance (legifrance.gouv.fr)
General information, not legal advice.
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Frequently asked questions
Is my neighbour allowed to install a camera at home?
Yes. According to the CNIL, people in France may install cameras at home for security. But the cameras may only film their own property, and they must respect their neighbours' privacy.
What if my neighbour refuses to re-angle the camera?
First, ask them in writing to re-angle it, and keep a record of what you both say. If they still refuse, the CNIL says you can contact its complaints department, the police, the gendarmerie or the municipal police.
Why should I clearly say I don't want to be filmed?
Under Article 226-1 of the French Criminal Code, consent is presumed if you are filmed in plain sight and don't object when you could have. To avoid any doubt, it's best to state your objection, ideally in writing.
How can I find out what the camera actually films?
The easiest way is to ask your neighbour to show you the view on their phone or screen. That way you can both see exactly where the line falls. It is often the quickest way to calm things down.
If I install a camera too, what am I allowed to film?
According to the CNIL, only your own property: the inside of your home, your garden, your private access path and the front of your house. Make sure the camera angle doesn't spill over into your neighbours' property or the street.
Guide Disputes between neighbors: the guide
Written with the help of AI · This is not legal advice. How Who's Right decides
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