Neighbour puts advanced security cameras in homeowner's yard - is this right?

A homeowner in Australia recently discovered that their neighbor had installed a security camera that was pointing directly into their backyard over the dividing fence. This understandably caused some concern for the homeowner, who took to Reddit to share their situation.

According to the homeowner, the camera, a Ring Spotlight model, had turned on when they were simply walking around their outdoor area. This camera is described by Ring as their "most advanced battery-powered spotlight camera," equipped with motion sensors and the ability to capture both audio and video.

What's even more concerning is that this camera has a bird's-eye view feature, allowing it to see and track movement around the home with precision. The homeowner posed the question to the Reddit community, asking if they were within their rights to request that the camera be disabled or repositioned.

While many Reddit users offered suggestions on how to obscure the camera's view, it's important to consider what the federal government has to say on the matter. According to the office of the Australian Information Commissioner, the Privacy Act does not cover security cameras operated by individuals for personal use. However, some state and territory laws may apply, and the office advises attempting to reach an agreement with the neighbor before taking further action.

The office suggests first trying to communicate with the neighbor directly about the issue. If this does not resolve the problem, they recommend seeking assistance from a local community justice or neighborhood mediation center. In the event that mediation is unsuccessful, the homeowner can then reach out to their local council to determine if the use of the camera violates any local laws.

It's worth noting that some councils may require planning permission for security cameras, and it's also important to check any by-laws if the property is part of a strata title. For more information on laws and regulations in different states and territories, the homeowner can contact their local Attorney-General's Department. Ultimately, it's important for all parties involved to communicate and come to a mutual understanding in situations like this.

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