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by charesjrdan
1707 days ago
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There is no expectation of privacy in public in the Uk either, it’s perfectly legal to take photos/videos of strangers in public. However in this case, I think the microphones where picking up conversations from private gardens and the camera could see over the fence (which usually have a height limit and can’t easily be raised). I think you’d also have issues if you had a camera pointed into someone’s garden in the US |
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Only if the garden wasn't visible from public property, or in this case, the business owner's private property. You have the same right to record anything from your private property as you would from public property, which is why surveillance cameras pointing out to the street in the U.S. are legal.
I'm not sure about the vantage point of this doorbell camera, but I would be surprised if a doorbell camera was placed in an area where it could see into a neighbor's garden where it otherwise would not be visible from a public area.
As for recording audio, in the U.S. the burden of proof would be on the complainant to prove that they otherwise could not be heard from a public area. But even then, it would be difficult to get around the first amendment protection since this business owner was using the doorbell camera as it was intended. Not sure how a U.K. court can fine someone 100K pounds for this.