Your neighbour’s video surveillance – what is allowed?

More and more private individuals are installing cameras on their house, balcony or letterbox. This is not prohibited in principle – but only within narrow limits.

The rule: your own property only

If a camera films exclusively the owner’s own property, this is a purely private matter. However, as soon as it captures public space (street, pavement) or other people’s property, the Federal Act on Data Protection applies. The surveillance must then be proportionate, and neighbours and passers-by may not, in principle, be filmed.

What camera owners must observe

Restrict the field of view: other people’s property and public ground must be blocked out, for example with covers or privacy zones in the camera software.
Notice: a clearly visible sign must point out the video surveillance.
Short retention: recordings must be deleted quickly, usually within a few days, if nothing has happened.
No audio recording of other people’s conversations.
In blocks of flats, cameras in shared areas (entrance, underground car park) require the consent of the owners or of the condominium owners.

What you can do

Talk to them: neighbours often don’t realise that their camera captures too much. Ask them to show you the field of view.
Make a written request: ask for information on whether and how you are being recorded (template), and object to the recording (template).
Inform your landlord or the property management if the camera is mounted on the rented property.
Take civil action: you can ask a court to order the camera to be removed or realigned (Art. 32 FADP, protection of personality under Art. 28 CC). A conciliation hearing is usually required first.
Criminal law: anyone who films events in your private sphere without consent – for example through your window – may be committing a criminal offence (Art. 179quater SCC). In this case, contact the police.

Good to know

The Federal Data Protection and Information Commissioner (FDPIC) offers fact sheets on its website on video surveillance by private individuals. Cameras operated by municipalities or cantons are subject to the cantonal data protection acts.