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🤔 Is this allowed? privacy editionOWN PROPERTY YES, YOUR GARDEN NO

May my neighbour aim a camera at his own garden?

Aimed at own property: GDPR household exception. At your garden or public road: GDPR + portrait law + civil nuisance law.

Last reviewed: 25 May 2026
Neighbour camera = nuance-sensitive. Distinction: (1) Camera aimed at own property (own garden, own facade, own driveway) = household exception (GDPR Art. 2(2)(c)) — GDPR not applicable, provided no third parties are recorded. (2) Camera aimed at your garden = GDPR fully applicable. Unlawful without basis. Also portrait-right claim possible + civil nuisance law (Dutch Civil Code 5:37 + 6:162). (3) Camera on public road/street = GDPR applies for passing persons + on whether or not data minimisation + retention is met. Often grey area. Particulars: View into your home via window = also unlawful even with own-property camera (private life weighs heavier). Audio recording = always stricter. Smart-home camera (Ring/Nest) with motion + cloud storage = greater GDPR footprint than analogue. Routes on overstepping: (1) conversation + written notice 14-day deadline for relocation. (2) neighbour mediation via municipality (free). (3) AP complaint. (4) Preliminary injunction — penalty for removal/relocation. Tip: measure viewing angle concretely — not all cameras that seem to point to public street actually capture your garden. Request footage via GDPR Art. 15 access to see what they actually record.

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