In an age where smartphones and security cameras are everywhere, you might feel uneasy if you spot a camera pointed toward your home or property.
While New York state law doesn’t ban neighbors from taking video of you on your property, legal lines are drawn when privacy can be reasonably expected.
When recording you on your property becomes illegal
New York law does not prohibit filming individuals in areas where they can be seen from the public, including lawns, driveways or front porches. If you’re visible from the street or your neighbor’s yard, the recording is likely lawful.
However, when you step into settings where privacy is expected, like behind high fences or in secluded corners of your backyard, the legal status changes.
Under New York Civil Rights Law section 52-a, it is unlawful to install or use a video surveillance device in any location where a person has a reasonable expectation of privacy, such as a restroom, bedroom or any “private place without the knowledge or consent of the person being observed.”
As for backyards, if yours is fenced in, shielded from public view and generally treated as a private space, this law could apply. Especially if the recording feels targeted or intrusive.
Add audio recording and the NYS rules change
The rules shift once audio recording is introduced.
New York is a “one-party” consent state, meaning permission is required from at least one person being recorded with audio. In a situation where your neighbor is recording a private conversation they are not involved in, there must be either written or verbal consent.
Not obtaining permission violates Section 250.05 of the New York Penal Law.
Even if the recording doesn’t clearly violate section 52-a, repeated or intrusive surveillance could amount to civil harassment, stalking or invasion of privacy. You may be able to take legal action, even if there’s no criminal charge.
What to do if you’re concerned
Start by having a conversation with your neighbor. In many cases, people aren’t aware that their security cameras or smartphones are capturing more than intended.
Consider whether your concerns are about a setting that truly offers privacy. According to Nolo, a legal information website, it’s essential to understand “the extent of one’s legal privacy [which] depends on things like layout, openness and other location-specific details.”
It’s also important to document the issue. If a camera seems deliberately pointed at your property or if recording appears frequent and targeted, take note of dates, times and any interactions.
Nolo also said, “A simple demand letter from an attorney might persuade your neighbor that you will not submit to unwarranted snooping, even if you would not ultimately proceed to court with such a claim.”
If the issue persists, legal support or community mediation services may help resolve the situation. Involving a real estate or civil attorney can clarify your rights and help prevent future conflicts.
This article originally appeared on Rockland/Westchester Journal News: Can my neighbor film me on my own property? What New York state law allows
Reporting by Michelle Grisales, Rockland/Westchester Journal News / Rockland/Westchester Journal News
USA TODAY Network via Reuters Connect
