Neighbours at war had a case involving alleged snoopy security cameras (among other points of tension) tossed out by the Tenancy Tribunal.
But could the Privacy Commissioner save the day?
First, a quick recap.
“Tenants A” said they had asked “Tenants B” to remove a security camera setup on their gate, claiming it was able to see into their windows (neither party could be named for legal reasons).
Tenants B had eight security cameras in total, but only two were a problem for Tenants A, who were concerned they were being watched by their neighbours in a “deeply discourteous and alarming way.”
Tenants A wanted $33,000 in damages from the two properties’ common landlord for failing to take action against Tenants B, claiming the inaction on the security camera in question - as well as a barney over a parking space, and an alleged “assault” - amounted to harassment.
The Tenancy Tribunal wasn’t having it. All applications by Tenants A were dismissed.
In terms of the allegedly snoopy security cameras, could the plaintiff have turned to a different watchdog - the Privacy Commissioner?
It’s an interesting question in an age when security cameras have become suddenly ubiquitous in suburban New Zealand as prices have fallen, and DIY installs and remote monitoring over the web have become comparatively easy.
So, would the Privacy Commissioner have taken action against the camera mounted on the fence, pointed at the neighbour’s window?
In short, no.
“The Privacy Act generally applies to agencies such as Government organisations, clubs and businesses,” a spokesperson for the Office of the Privacy Commissioner (OPC) told the Herald.
“Individuals are exempted from the Privacy Act where they are collecting personal information for their own personal or domestic use.”
The Act only applies where that individual’s collection, use or disclosure of personal information is “highly offensive to an ordinary reasonable person or where the means of collecting personal information is not lawful”.
“In the context of the [Tenants A vs Tenants B] story, it is very unlikely that use of home security cameras would reach the threshold of highly offensive use under the Privacy Act,” the OPC spokeswoman said.
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But that’s not the end of the story. The OPC warns that a neighbour could still go to the police, or take their own court action, because it is against the law to peer into people’s homes andrecord any activity within, under Section 30 of the Summary Offences Act.
And any recording where intimate acts have been filmed without a person’s knowledge or consent (say, your security camera capturing your neighbour naked sunbathing), then you’ll fall foul of sections 216G to 216J of the Crimes Act, the OPC says. The same goes for posting that footage to social media, or anywhere else.
“Children are also seen as entitled to particular protection from CCTV cameras overlooking play or changing areas,” the OPC spokeswoman said.
“Our advice is to respect the privacy of others by taking care [with] how you position your CCTV or security cameras. That way, you’ll be able to avoid a potential source of conflict and tension with your neighbours.”
