What the law says regarding home security cameras in South Africa

According to Roy Bregman, a property law specialist at Bregman Moodley Attorneys, CCTV systems should always be put with consideration for a neighbouring property. “Problems can arise when you cross the line of monitoring your own property and someone else’s,” he adds.

In terms of privacy and the law, Bregman stated that if your camera is oriented in such a manner that it covers coverage of your neighbor’s yard or driveway, you may receive complaints regarding invasion of privacy.

“CCTV monitoring is acceptable and even welcomed in public places, but it is unreasonable to be spied-on on your own private property.”

Home monitoring is not unlawful in South Africa, according to the lawyer.

Strict control of complaints about the invasion of private by CCTVs is not guaranteed directly under South African law; nonetheless, the Constitution grants citizens the wide right to privacy.

The Protection of Personal Information Act of South Africa, which tries to control the processing of personal information, does not apply to exclusively domestic or personal activities.

Due to the lack of explicit legislation, South African common law would protect you in relation to your neighbour’s CCTV cameras when:

• The surveillance is of a criminal or voyeuristic nature;
• The area being monitored is one where someone would reasonably expect to have privacy, such as a bedroom or bathroom;
• The surveillance is of such intensity that it is creating a nuisance, preventing someone from the enjoyment of their property;
• The installation of the cameras is the result of a neighbourhood dispute involving threatening behaviour, in which case an apprehended violence order may call for the cameras to be removed.

According to Bregman, the easiest way to minimise complaints is to apply common sense when determining where and what to point the camera at on your property.

When installing CCTV cameras, make certain that:

• You are transparent to those around you when installing your CCTV system, by informing your neighbour(s) about your system;
• They are only monitoring your property;
• If your camera is pointing directly at a neighbour’s property, you should take steps to reposition it to avoid complaints or, in some cases, accusations of violation of privacy or harassment;
• If they are overlooking the street, there is a sign informing people they are being monitored;
• They are not monitoring areas where people could reasonably expect privacy;
• The stored information is not used for any other purpose than protecting your property;
• If you record images, regularly delete the recordings and do not keep them for longer than is necessary for the protection of your property; and
• If your system captures information about an incident, retain that information as the police could use it to aid an investigation.