Neighbour's Security Cameras Pointed at My Home in Ontario

Home security cameras are everywhere, and many of them see more than the owner's own front door. If a camera seems aimed at your windows, yard or driveway, it is natural to worry about your privacy.

This article explains which laws may apply, which usually do not, and what practical steps you can take. Every situation turns on what the camera actually captures, so treat this as general information and not advice.

Why privacy legislation often does not help

Many people assume federal privacy law covers this. Part 1 of the federal PIPEDA does not apply to an individual who collects, uses or discloses personal information solely for personal or domestic purposes. This generally takes a neighbour's home camera outside PIPEDA.

That means a complaint to a privacy regulator is usually not the answer for an ordinary home camera. The remedies tend to be civil, municipal or, in rare cases, criminal.

Intrusion upon seclusion

Ontario recognizes a civil claim called intrusion upon seclusion. It applies to an intentional or reckless intrusion, without lawful justification, into another's private affairs that a reasonable person would regard as highly offensive, causing distress, humiliation or anguish. Proof of economic harm is not required.

The bar is high. The claim arises only for deliberate and significant invasions of personal privacy. Where there is no economic loss, damages are modest and fall in a range of up to $20,000.

A camera that catches part of your driveway as it covers the owner's own door is very different from one deliberately aimed through your bedroom window. The purpose and what is recorded will matter.

Nuisance, by-laws and the Criminal Code

• Private nuisance. This is an act that substantially interferes with the use or enjoyment of land, where the interference is unreasonable in all the circumstances. It looks at the effect on you, not whether the neighbour was careless. It may be relevant if a camera or its lighting is persistently disruptive.
• Municipal by-laws. A local municipality may regulate outdoor illumination, noise and similar matters by by-law, and may require permits. A bright camera floodlight shining into your home might fall under this. Rules vary, so check your municipality.
• Criminal voyeurism. This means surreptitiously observing, including by electronic means, or visually recording a person in circumstances giving a reasonable expectation of privacy, where the person is in a place where they may be nude or engaged in sexual activity, is in that state, or the recording is for a sexual purpose. The maximum sentence on indictment is 10 years.

If you think a camera is capturing you undressed or in an intimate setting, contact the police. This is a different matter from an ordinary camera covering a shared boundary.

Court options and time limits

A judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient. A court may also award damages in addition to or instead of an injunction.

The Small Claims Court hears money claims up to $50,000, not counting interest and costs. The basic limitation period is two years from the day the claim was discovered. A claim is discovered on the earlier of the day you actually knew the relevant matters and the day a reasonable person in your position ought to have known them.

What to do next

• Work out what the camera can actually see. Photograph its position from your own property.
• Do not trespass, tamper with the camera or confront the neighbour angrily.
• Raise it calmly, in writing if possible, and ask the neighbour to adjust the angle or add privacy masking.
• Keep copies of all messages and a dated record of what you noticed.
• Check municipal by-laws on lighting and noise and report any breach.
• Call the police if you believe you are being recorded in a private or intimate setting.
• Ask a lawyer whether a nuisance or privacy claim is realistic before you spend money.

Frequently asked questions