A member asked about 8 years ago

Neighbour filming me - is it an invasion of privacy?

Hello, can my neighbour video record me on my property from her property?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Your question is whether you have a right to privacy. In Australia, privacy law is mostly concerned with protecting personal information about individuals (for example, personal details collected by the government and other organisations). There are not many laws regarding personal privacy in the broader sense, such as restrictions on taking a photo of someone or filming them.

However, you may still have some legal options available to you. There have been several legal cases in the past where the law has recognised that a person may be entitled to monetary compensation if they have suffered loss or harm as a result of someone else invading their privacy. Most of these cases have involved publication of compromising images or video footage in newspapers, television or online. If your neighbour is threatening to publish the footage or has actually published the footage, then you may have a legal claim against them.

Alternatively, you may have a legal claim for trespass if your neighbour has entered any part of your property to carry out the filming. The law says that a person cannot enter someone else’s land without permission. The person whose property is trespassed upon can sue the other person for compensation.

From a practical perspective, you may want to consider talking to your neighbour about the issue to resolve the matter directly. If this is not possible, you have the option of resolving the matter via mediation, which involves a third party helping you find a solution. You can search for mediation services on the Legal Aid Commission of Tasmania website (www.legalaid.tas.gov.au).

Suggested way forward

While there is no easy legal solution to your problem, the law may be able to help you resolve the matter if your neighbour has published the video footage or trespassed onto your land. You would benefit from speaking to a lawyer who can fully assess your situation and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer


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