Can a Neighbour Put Up Security Cameras That Point at My Property in Ontario?
Whether a neighbour's camera becomes a legal problem depends on what it records and how it affects your privacy, so it is worth confirming how this applies to your situation with a lawyer. The federal privacy law, PIPEDA, generally does not apply to a neighbour's home camera, because it excludes an individual who collects personal information solely for personal or domestic purposes.
Your main civil claim is usually intrusion upon seclusion: an intentional or reckless intrusion, without lawful justification, into your private affairs that a reasonable person would regard as highly offensive and distressing. It covers only deliberate and significant invasions, and without economic loss damages are modest, up to $20,000. A camera that substantially and unreasonably interferes with enjoying your land may also be a private nuisance.
Where the camera points and what it records make a real difference. Criminal voyeurism applies only in narrow situations, such as secretly observing or recording someone who may be nude or engaged in sexual activity, or recording for a sexual purpose. Municipal by-laws may also matter, so it is worth confirming your options with a lawyer before acting.
Key takeaways
- The federal privacy law PIPEDA generally does not cover a neighbour's camera used solely for personal or domestic purposes.
- Intrusion upon seclusion requires an intentional or reckless intrusion that a reasonable person would regard as highly offensive, and proof of economic harm is not required.
- Without economic loss, damages for intrusion upon seclusion are modest and fall in a range of up to $20,000.
- Criminal voyeurism under s. 162 of the Criminal Code covers only specific situations: secretly observing or recording someone in circumstances where they have a reasonable expectation of privacy and are in a place where they may be nude or engaged in sexual activity, are in that state, or the recording is for a sexual purpose.