CCTV systems should always be placed out of respect for a neighbouring property – problems can arise when you cross the line of monitoring your own property and someone else’s, says Roy Bregman, a property law expert at Bregman Moodley Attorneys.<\/p>\n
With regard to privacy and the law, Bregman said that if your camera is angled in such a way that it includes coverage of your neighbour’s yard or driveway, then complaints about invasion of privacy may follow.<\/p>\n
“CCTV monitoring is acceptable and even welcomed in public places, but it is unreasonable to be spied-on on your own private property.”<\/p>\n
There is nothing illegal, per se, about home surveillance in South Africa, added the lawyer.<\/p>\n
Strict regulation of complaints about the invasion of privacy through CCTVs is not provided explicitly in South African law; however, the Constitution gives citizens the broad right to privacy.<\/p>\n
South Africa’s Protection of Personal Information Act which seeks to regulate the processing of personal information, does not apply to purely household or personal activity.<\/p>\n
As a result of specific legislation being absent, the South African common law would protect you regarding your neighbour’s CCTV cameras when:<\/p>\n
Bregman said that the best method to avoid complaints is to use common sense when deciding where to place and what to point the camera toward on your property.<\/p>\n
When you install CCTV cameras, make sure that:<\/p>\n