Expert: John Fuller - 5/14/2009

Question
I have a neighbor that has a surveilance camera with infra red sitting high up in a tree easily seen. this camera can rotate 360 degrees I have photos of it pointing into my bathroon and guest bedroom I live in virginia and want to stop this immediately to get some action on this will the federal court shut my neighbor down he has been nothing but trouble to us since he has moved into neighborhood

Answer
Hi Julie,

I am not a lawyer but I do know that everyone is afforded the "reasonable expectation or privacy."  You will need to check with the local sheriff and the county where you live to see if there are any specific zoning or otherwise restrictions placed upon security cameras since every state and locality are different.  I am almost certain that is is not a federal concern here but a state/local one.  Security cameras can serve a purpose in protecting one's property but I am with you in that if someone was specifically targeting my bedroom or bathroom, it would fall under invasion of privacy!  There are certainly no exigencies existing with your neighbor that would grant him this right to invade.   

In addition, Virginia has a statute prohibiting the unlawful filming, videotaping or photographing of another person (VA Code 18.2-386.1).  One of the principles of the statute is to protect ones reasonable expectation of privacy.  Under this statute, it is unlawful to photograph someone, without their consent, if the person is in a dressing room, bathroom, bedroom, or some other location where one expects privacy.


Let me know if you have any follow on questions.

John