A lawyer has urged people to check their doorbell cameras to make sure they aren't accidentally breaking the law with how they are used, as they claimed the devices can be "problematic" when it comes to rules around privacy.
While having a smart doorbell is not illegal, some devices that record sound, as well as video, can be a problem if the microphone in the device is so sensitive that it records sound coming from a neighbour's property.
Elisabeth Bell, partner at law firm Blake Morgan, said there are a "number of potential privacy issues" when it comes to smart doorbells, and said you could be violating your neighbour's right to privacy if your camera records sound or video from their private property.
She told This Is Money: "Although the use of CCTV and smart doorbells both inside and outside an individual's home is legal, there are a number of potential privacy issues which can arise depending on how the technology is deployed by its users. In particular, recording other people's private spaces or public spaces, recording sound and covert recording can all be problematic. A smart doorbell which records into a neighbour's doorway as well as the user's own, for example, would constitute a violation of the neighbour's privacy."
Elisabeth also said that while manufacturers of the doorbells can make adjustments to their devices by making the microphones less sensitive, the onus is on you as the doorbell user to be "mindful" that your device isn't intruding into areas where "others have a right to privacy".
However, the Information Commissioner's Office (ICO) - which oversees consumer rights around information and data - insisted that it's not always possible to point cameras away from neighbour's homes or public streets, and doing so isn't inherently illegal.
They added: "People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours' homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so."
In order to make sure you stay on the right side of the law with your doorbell camera, the ICO said there are strict rules you must follow, as laid out by data protection laws. They include:
- Telling others you are using recording equipment by putting up a sticker or sign
- Handing over or deleting recordings of others if asked, in most circumstances
- Deleting footage regularly or automatically
You must also stop recording someone if they object to being recorded, however, the ICO states this rule only applies if it is "possible to do so". They explained: "For example, if they can point the camera in a different direction but still use it for the same purposes, eg keeping their property safe."
Many doorbell manufacturers already help users keep on top of these rules by coming with stickers and signs that warn others they are being recorded, and some even have the option to blur out parts of a recording that might show neighbours' doors or windows.
Breaking the ICO rules can land a smart doorbell user in hot water, and according to the ICO website, those who believe someone is breaking the rules can complain to the ICO to try and have the issue resolved.
However, the website also states that it is "highly unlikely" the ICO will "take enforcement action" against someone using a doorbell camera, as they said: "We can send a letter asking them to resolve things, eg put up the appropriate signage or respond to data protection requests.
"There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user."
But just because ICO action is unlikely doesn't mean it will never happen, as in 2021 a case saw a judge rule that a Ring doorbell camera fitted at a home in Oxfordshire breached a neighbour's privacy.
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