My neighbour installed a CCTV facing my house — is that legal?
CCTVs have become a common sight these days. Many homeowners install them for safety reasons — to monitor movements, deter crime, and protect their property. But what happens when your neighbour installs a CCTV camera that points directly at your house? Is that allowed?
A case in Johor
Back in 2011, there was a case in Johor involving two neighbours. The defendants had installed five CCTV cameras around their house. Out of those, one camera was placed at the front porch — and it pointed directly at their neighbour’s house.
Naturally, the neighbours were unhappy. They felt like they were being spied on in their own home, and that their privacy was being violated. They took the matter to court and asked for an order to stop the defendants from installing a CCTV camera directed at their house.
What the Court decided
The High Court allowed the plaintiffs’ claim and ordered the defendants to dismantle and remove the specific camera. The judge said that installing a CCTV in such case was an intrusive surveillance of the neighbour’s private family life and home. This kind of surveillance is very different from CCTV in public areas for law enforcement purposes.
The Court recognised that everyone has the right to be free from continuous video surveillance while in their own property. There must be a balance — yes, you can do what you want on your property, but not at the expense of your neighbour’s right to privacy.
So, what does this mean for you?
If your neighbour’s CCTV happens to capture parts of your house incidentally (for example, because it covers the road or the gate), that may be more acceptable. But if the camera is fixed and clearly directed at your windows, porch, or garden, then it could be a breach of your privacy rights.
If you’re in this situation, it’s best to talk to your neighbour first and explain your concerns. If that doesn’t work, you may need to seek legal advice.
Disclaimer: The contents of this article are for informational purposes only and should not be taken as legal advice.
Reference:
Lew Cher Phow @ Lew Cha Paw & Ors v Pua Yong Yong & Anor [2011] 1 LNS 1528
