Can my neighbour record me with a security camera?
Video and audio are governed by completely different rules — and where the camera points matters more than most people assume.
Generally yes, for video of anything visible from public space or their own property — but it depends heavily on exactly where the camera is pointed. Courts apply a "reasonable expectation of privacy" test: filming a driveway, porch, or front yard visible from the street is usually fine, since there's no reasonable expectation of privacy there. A camera aimed into an enclosed backyard, or through a window into your home's interior, is a much more legally exposed situation for your neighbour. Audio is a separate and stricter question entirely, governed by state wiretap laws.
The video test: where's the camera actually looking?
| What's being filmed | Generally allowed? |
|---|---|
| Their own property, incidentally capturing your driveway/front yard visible from the street | Yes — no reasonable expectation of privacy in areas visible from public space |
| A doorbell camera capturing your porch as people approach their own door | Yes — this is standard, widely litigated, and generally upheld |
| Aimed specifically and deliberately into your enclosed, fenced backyard | Legally risky — courts have allowed privacy claims here, and some state laws specifically address this |
| Aimed through a window into your home's interior (bedroom, bathroom, anywhere private) | Not allowed — courts consistently recognize a strong privacy interest here, regardless of camera ownership |
Audio is where most people get caught out
Many modern security cameras record audio by default, and this brings a completely different set of laws into play — state wiretap statutes, not general privacy law. The federal Wiretap Act sets a floor of "one-party consent" (meaning if your neighbour is part of the conversation, their own consent is enough). But a meaningful group of states require all parties to consent, commonly cited as including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
In a two-party consent state, a security camera with an active microphone picking up your conversation in your own yard — without your knowledge or consent — can be a real legal problem for your neighbour, even if the video portion alone would have been fine.
What to actually do if you're concerned
- Check where the camera is actually pointed and what it can realistically capture — a doorbell camera facing the street is a very different situation from one clearly angled into your yard or windows.
- Check whether your state is a two-party consent state (see the list above) if audio recording is the specific concern.
- Talk to your neighbour directly first — in many cases, camera placement is unintentional and easily adjusted once raised.
- If the camera is clearly and deliberately aimed at a private area of your home, document it (photos, angle, what it can see) before raising it further.
- If it continues after being raised, or involves audio recording in a two-party consent state without your knowledge, consult a local attorney — this crosses from a neighbourly dispute into a potential civil or even criminal matter depending on your state.
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