Can my neighbour's camera film my garden or door?
Short conclusion: Generally no — under current Dutch law your neighbour may not film your garden, front door or other parts of your home in a way that records you or your visitors, unless the camera is strictly limited to a legitimate purpose (typically preventing crime on the neighbour's own property), is angled so it captures only the neighbour's land, and meets the proportionality and transparency rules of the AVG. If those rules are not met, the filming is an unlawful processing of personal data under the AVG and an onrechtmatige daad under Article 6:162 of the Burgerlijk Wetboek, which you can challenge.
Why this is the rule
1. The AVG applies as soon as people are recognisable. A camera pointed at your garden or door will normally record you, your family, your guests and the people who come to your door. Those images are persoonsgegevens in the sense of the AVG (Verordening (EU) 2016/679). Any recording is therefore a "verwerking van persoonsgegevens" and must have a lawful basis, satisfy the proportionality test and respect the rights of the people filmed. This is confirmed in Dutch law by the Uitvoeringswet Algemene verordening gegevensbescherming (UAVG), which the Autoriteit Persoonsgegevens (AP) supervises (UAVG artikel 15).
2. The usual lawful basis is "gerechtvaardigd belang" (AVG art. 6 lid 1 onder f). Private individuals normally rely on their own legitimate interest, typically protecting their property against burglary or vandalism. That basis has three cumulative conditions:
- the interest must be real and lawful;
- the camera must be necessary to achieve that purpose (subsidiarity: cheaper, less intrusive measures do not work);
- the interest must outweigh your privacy interest (proportionality: no filming of your garden, terrace, front door or windows).
In practice the AP and Dutch courts consider a camera pointed at a neighbour's garden, front door or other private space to be disproportionate, because a camera aimed only at the neighbour's own door, driveway or back garden is normally sufficient.
3. Transparency obligation. Under AVG art. 13/14 the neighbour must also be able to tell that filming is taking place (for example by a clearly visible sign or visible camera). Filming covertly from a position that captures your home without your knowledge aggravates the violation.
4. Civil liability under BW Boek 6. Even if the AVG were set aside, filming someone in or around their home without good reason is an inbreuk op een recht (the right to privacy and family life, also protected by art. 8 EVRM) or a doen in strijd met hetgeen volgens ongeschreven recht in het maatschappelijk verkeer betaamt. Both are listed as onrechtmatige daad in Article 6:162 BW, and give you a right to damages, removal of the camera and/or a court injunction.
The typical case
A doorbell camera or "wildcamera" that captures the public street is generally allowed (the street is a public space, you have a lower expectation of privacy there). A camera that is angled so that it also records your garden, your front door, your driveway, your letterbox or the inside view through your windows is not allowed by default. The same applies to cameras that record audio of conversations on your property.
The main exceptions
A neighbour's camera may capture (limited) parts of your property if all of the following apply:
| Requirement | What it means in practice |
|---|---|
| Concrete, documented reason | There is a real, current risk (for example a recent burglary attempt), not just general anxiety. |
| Own property only | The camera is mounted on the neighbour's own house and films the neighbour's own entrance, driveway or back garden. |
| Strictly necessary | A less intrusive measure (better lock, lighting, alarm) is not sufficient. |
| Proportionate | The image is limited to what is strictly needed; no zoom on your door, garden or windows; no audio recording. |
| Limited retention | Images are deleted within24–48 hours unless an incident is recorded. |
| Transparency | You can see that a camera is present. |
If those conditions are not met, the filming is unlawful under the AVG and under Article 6:162 BW. The fact that the neighbour "only means well" or "just wants to feel safe" is not enough.
What you can do
- Talk to the neighbour first and ask for the camera to be re-aimed at their own property only, and for the images of your home to be deleted.
- Lodge a complaint with the Autoriteit Persoonsgegevens (AP) at autoriteitpersoonsgegevens.nl if the AVG is breached. The AP can investigate and fine.
- Civil claim: based on Article 6:162 BW you can ask the court (kantonrechter or civiele rechter) for an injunction to remove or re-angle the camera, to have the images deleted, and/or for damages. There is no need to involve the AP first.
- In serious cases (for example cameras aimed at your bathroom or bedroom windows, or hidden cameras) the conduct can also amount to a criminal offence under the Wetboek van Strafrecht (e.g. art. 139f, voyeurism).
Caveats
- The exact outcome always depends on the facts: the position of the camera, the angle, what exactly is visible, and whether the neighbour has a real security problem.
- Burdens of proof are not the same under the AVG (the AP must show a violation) and in a civil claim under6:162 BW (you must in principle prove the onrechtmatige daad, though the court may reverse the burden if the privacy interest is strong).
- This article is general information, not legal advice. For your specific situation, consult a legal professional (e.g. a lawyer or a juridisch loket advisor).
Sources
- Uitvoeringswet Algemene verordening gegevensbescherming (UAVG), BWBR0040940 — articles 15, 22 and related provisions on supervision and processing rules.
- Burgerlijk Wetboek Boek 6, Artikel 162 (BWBR0005289) — basis for civil liability (onrechtmatige daad) for unjustified privacy infringement.
- Verordening (EU) 2016/679 (AVG), in particular art. 5, art. 6 lid 1 onder f, art. 13/14 — directly applicable EU rules on lawful basis, proportionality and transparency.