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Question - Cameras viewing neigghbors

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Ken

    Great forum your newsletters give us.  Lots of good stuff get published.  Thanks

    For the camera that is directly aimed at neighbors back yard,  what would be the consequences to the installer and to the home owner who ordered the install or in some case does the install?  Would the cameras improper viewing be  a code violation or an actual civil or criminal law offense?

    Also what would the home owner who is being viewed have to do to have the camera/s removed or reoriented so that his neighbors cameras do not view their back yard or other direct areas of their own property?

William E. Henley, pres. 

Gorilla Security Systems Inc. 

Mineola, NY

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Answer

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    I don't think camera positioning is something that would be covered by building code laws.  Generally it would be the end user who suffers the consequences of improper positioning of the cameras.  However, there could be situations where the installer would be held liablie, potentially criminally and certainly civilally.  Positioning the camera in a way that non-private areas of the neighbor's yard are viewed would not expose the installer and probably not the end user.     Intentionally positioning the camera to view an adjoining neighbor's bathroom or bedroom would certainly expose the end user, and probably the installer, for both civil and criminal prosecution.  This analysis of course assumes that the facts regarding the installation are undisputed.  It would be a pretty dumb installer who goes along with an obviously improper placement of the cameras, no matter how important the subscriber was.  

    A neighbor's camera that views non-private area may not be able to be moved.  If the camera intrudes in a private or sem- private area, then the property owner could bring a civil action for an affirmative enjunction to compel the repositioning of the camera.  Probably a costly lawsuit if resisted by the end user.  Seems silly but I am sure there are plenty of cases out there where adjoining neighbors are at "war" and fighting over camera positions.

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