Smart doorbells, such as those made by Ring and Nest, have become increasingly prevalent in today’s world of home gadgets, gizmos, and other smart appliances in residential buildings, but there is more to consider.
The usefulness of smart doorbells cannot be understated, they offer enhanced home security and convenience for residents regardless of location, be that answering the door remotely or recording “parcel pinchers” in the act of stealing recent online purchases. However, their use raises important questions around data protection, privacy rights, and legislative compliance, particularly General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 (DPA18). Leaseholders and residents alike should be aware of their own legal responsibilities when using such devices, especially in shared or communal spaces.
The Data Protection Act 2018 outlines the extent to which data can be collected, processed, and used within the UK and is regulated by the Information Commissioner’s Office (ICO). The use of smart doorbells falls within this remit particularly when they record areas beyond your own domestic property, such as public rights of way, your neighbour’s front door, or the block’s car park. The moment you start to collect and store personal data of those not within your own household, the ICO deems you a data controller which comes with a plethora of additional responsibilities under GDPR and DPA18. Failure to fulfil such duties may subject you to appropriate regulatory action by the ICO as well as potential legal action by individuals whose data is being processed.
The case of Fairhurst vs Woodard 2021 introduced a landmark legal dispute between neighbours over the use of security cameras. The claimant discovered that security cameras were set up in positions that effectively ‘spied’ on their movements, with one camera capturing their house and garden while another recorded the garden and parking space. Although the defendant argued that the cameras were set up in ‘good faith as a burglar deterrent’, the Court ruled that their actions amounted to harassment, nuisance and a breach under the DPA18. As the defendant was operating in the capacity of a data controller, the Court was particularly concerns by the lack of transparency and active attempts to mislead regarding how and when the cameras were operating. There are, of course, additional elements to the case not covered here, but the summary provided shows how a Court may interpret legislation when it comes to recording devices and smart cameras.
This is not to say that you should tear down any cameras that you have already installed, but you should be aware of your responsibilities under GDPR and DPA18. Here are a few key points:
- Be Transparent: Let people know they’re being recorded. A “CCTV in operation” sign should suffice.
- Cover Only Necessities: Adjust your smart doorbell to capture only your own demised/domestic property. If, for whatever reason, you cannot avoid recording beyond this scope, ensure you can justify it.
- Storing Data: Only keep recordings for as long as they’re needed for security reasons. Otherwise, delete them.
- Securing Data: Use strong passwords and encryption to keep any stored data (per above) safe and secure.
Specific Risks and Considerations in a Residential Block
In a residential block, the installation of smart doorbells raises a unique set of considerations that go beyond those of a typical street-facing house. Leaseholders should remember that communal areas, such as hallways, stairwells, gardens, and car parks etc. are not an extension of their own demised property. Recording in these spaces is highly likely to capture footage of neighbours, visitors, delivery personnel, or even children at play, increasing the likelihood of capturing personal data of individuals outside the household; through capturing and processing personal data, the leaseholder is legally considered a data controller, triggering obligations under UK GDPR and DPA18 on how data is collected, stored, and shared. This is especially relevant in tighter spaces like corridors or landings where a front door camera might unintentionally record a neighbour’s door or movements.
Additionally, most leases contain restrictive covenants that prevent alterations to the external parts of the property, such as doorframes or walls, without first obtaining the landlord’s or managing agent’s permission. From a community perspective, there is also the risk of tension or disputes arising between neighbours who feel their privacy is being compromised. Even if the intention behind installing the device is for personal security, poor placement or a lack of communication can lead to complaints or legal challenges. It is therefore essential that leaseholders consider not only the technical and legal implications, but also the impact on neighbourly relations and building-wide policies.
- Consider Placement: Always consider what is being recorded. What’s being captured in view? What’s being recorded in terms of audio? Can this be justified?
- Privacy Zones: Most smart doorbells have a built-in privacy feature whereby you can create an area that will not be recorded. They will still record audio, even if this feature is utilised.
- Consult Neighbours: Explain why you want to install the cameras, and let them know what, if anything, will be recorded from their property.
What If You’re Being Recorded?
If you feel that your neighbour is filming your property, there are steps that you can take to safeguard your privacy. Firstly, you can contact the person in question to express your concerns, ask why the CCTV needs to record your domestic premises and see if it is possible to relocate or reposition the camera. You have the right to request to see what they are recording, but if you cannot agree, you can contact the ICO or even the police if the situation amounts to potential harassment.
Final Thoughts
Smart doorbells can be a valuable tool for enhancing personal security and peace of mind, but they must be used responsibly, especially within the context of a residential block. As technology evolves, so too does the legislation that governs it, and it’s crucial for leaseholders and residents to stay informed about their legal obligations. By understanding the implications of GDPR and the DPA18, being mindful of communal living environments, and maintaining open communication with neighbours, residents can strike the right balance between home security and respecting the privacy of others. When in doubt, seek advice from your managing agent, landlord, or the ICO to ensure your setup is both lawful and appropriate.
