Valencia, CA asked in Personal Injury and Internet Law for California

Q: My neighbors have Ring Cameras and microphones on their house. I would like them not to record my private backyard.

Neighbors have ring cameras.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: a lawyer would want more info on what must be a feud....

you might need a lawyer to write a letter requesting in a nice way that they cease and desist..............

or you might file in small claims and your case would come up within a few months.

however i would suggest you write a letter summarizing the problem and ask neighbors nicely to cease and when they do not respond attach letter to small claims action.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: There is no specific law or statute which makes this video recording criminally unlawful. However, Penal Code section 632 prohibits recording confidential communications without consent Here, Ring cameras capture video, but not audio, so arguing that a confidential communication has been recorded is probably a stretch.

Section 674(j) prohibits the use of “a concealed camcorder, motion picture camera, or photographic camera of any type” to secretly record a person while in a dressing room, tanning booth or while in any area where the person has a reasonable expectation of privacy. Ring cameras aren't concealed, and it is questionable whether you have a reasonable expectation of property in your backyard if you can be easily seen from your neighbor's backyard.

It could potentially be an invasion of privacy to record you in your backyard and/or to upload the video images of you to a cloud. This is a civil cause of action, not a criminal statute. If proven, you could potentially recover monetary damages. However, you still have to prove that your expectation of privacy has been violated and it is not clear that your outdoor activities have such a protection.

Before you get attorneys and lawsuits involved, with uncertain results and unknown legal costs, it might be smarter to speak to your neighbor about your concerns. A compromise might be to agree to split the cost of a fence extender, or planting trees or shrubs that obscure the cameras view into your backyard.

1 user found this answer helpful

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