Is it legal to film my neighbor when he is in his garden?
December 26, 2023 | 55,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
I am reaching out to you with a question regarding the legal situation of filming my neighbor in his garden. There have been tensions between my neighbor and me in our neighborhood for some time now. I have the feeling that he often unlawfully enters my property and damages things. I would like to gather evidence of his misconduct in order to legally protect myself.
Therefore, I am wondering if it is legal to film my neighbor when he is in his garden. I am unsure if this could be considered a violation of his privacy and if I could potentially be breaking the law. I do not want to violate any laws, but I also want to protect my property.
Could you please advise me on whether I can film my neighbor without his consent when he is on his own property? Are there any legal restrictions or conditions that I should be aware of? What consequences could I face if I were to film him?
I appreciate your professional advice and support on this matter. I look forward to hearing back from you and any possible solutions you may have.
Sincerely,
Piotr Lenzner
Dear Mr. Lenzner,
Thank you for your inquiry regarding the legal situation of filming your neighbor in his garden. It is understandable that you are in a difficult situation and looking for ways to protect yourself from possible actions of your neighbor. There are some legal aspects to consider when it comes to filming your neighbor.
In Germany, it is generally allowed to film people in public spaces as long as no personal rights are violated. However, filming people on their own property can be problematic as the right to privacy comes into play. If your neighbor is in his garden, it is considered his private property, and filming could be seen as an intrusion into his privacy.
It is important to note that the right to one's own image is protected as part of the general right to personality. This means that you cannot film your neighbor without his consent when he is on his own property. Even if you want to gather evidence of his misconduct, you must respect his privacy and not interfere in his personal affairs.
If you still choose to film your neighbor without obtaining his consent, legal consequences could follow. Your neighbor could file an injunction against you and claim damages. Furthermore, the footage may not be admissible as evidence in a court proceeding as it may have been obtained unlawfully.
In your situation, it would be advisable to consider other options for gathering evidence of your neighbor's misconduct. For example, you could install a surveillance camera that only monitors your own property and not your neighbor's garden. This way, you can protect your property without violating any laws.
I hope this information is helpful to you and that you find a suitable solution to your problem. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Piotr Gehrmann
