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.
What is the 'reasonable expectation of privacy' test for security cameras? Courts generally allow filming of areas visible from public space (a driveway, porch, or front yard) since there's no reasonable expectation of privacy there. Filming into an enclosed backyard, through a window, or into another private space is more likely to be found unlawful.
Do all states require consent to record audio on a security camera? No. Most US states are 'one-party consent' states, where only one person in a conversation needs to consent to a recording. A group of states — commonly cited as including California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington — require all parties to consent.
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