Do doorbell cameras infringe on privacy?

A doorbell camera can be very useful to see who is ringing the doorbell and who comes onto your property uninvited.

But often, through the camera, more than your own property is visible. And that can infringe on the privacy of others. Such a reproach was made by two neighbors before the summary proceedings judge of the District Court of Zeeland-West Brabant. Both neighbors had two cameras attached to their homes and one neighbor also had a doorbell camera. They accused each other of violating each other’s privacy because the cameras also filmed the neighbor’s property and home and the public road, and one of the cameras could record audio and thus eavesdrop on the neighbors.

The court had to decide whether the installed cameras infringe on the other neighbor’s privacy and, if so, whether there is a justification that removes the unlawful nature of the infringement. If so, the parties’ interests must be weighed against each other.

The cameras

According to the Provisional Court, the cameras did not infringe on the other neighbor’s privacy in their current state and settings. Indeed, so-called “privacy masks” had been installed that use black pixels to shield the view of the public road and the other neighbor’s plot. And the audio setting of the camera that could record conversations of the other neighbor had been disabled.

The doorbell camera

However, the doorbell camera could not stand the test of criticism and a privacy cap had to be applied to it, under penalty of a fine.
The interim relief judge found that it had been sufficiently established that this camera unlawfully infringes on the privacy of the other neighbors. Indeed, through the doorbell, the other neighbors’ plot is visible as well as a significant portion of the public road in front of the parties’ homes. After the issuance of the subpoena, although the view of the other neighbors’ plot was adequately shielded by a “privacy mask,” it did not shield the view of the public road. This view occupies a large part of the view and is such that the road, the plaza in front of the parties’ homes and also the home across the plaza are visible. This means that when the other neighbors cross the public road, they are in view of the doorbell camera.

Fruytier Lawyers in Business is here for you

Privacy, like security, is a great thing. The privacy interests of neighbors should be taken into account when installing cameras at a residence so that neighbors do not end up opposing each other at the Provisional Interlocutory Court. Are your neighbors not taking your privacy into account? Then the attorneys at Fruytier Lawyers in Business are here to defend your interests! Please contact one of our  attorneys by email, phone or fill out the contact form for a free initial consultation.  We are happy to think along with you.