Neighbour of French home has camera recording our garden – what can we do?
Installation of security equipment recording private areas can infringe privacy
France’s Civil Code states that everyone has a right to respect of their private life
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Reader Question: Our neighbour installed a security camera for his home, but it overlooks a passage between our gardens and covers part of our own garden. We feel we are being watched 24/7. What can we do?
A recent court case clarified issues of private cameras covering public roads, and set a precedent for such incidents.
In May 2025, France’s highest appeal court (cour de cassation) ruled that any person installing a camera recording a public area must get the explicit approval of all people using it.
If approval is not given, or any complaints arise, it must be removed.
This is because such a camera breaks article 9 of France’s Civil Code, which states everyone has a right to respect of their private life.
This remains the case even if the aim of the camera is intended as a security measure for a private property, even if the camera and the images it captures are not being used maliciously, with the mere action of the camera taking images being enough.
In your situation, as the camera films the shared passageway between your gardens (a public area as it is used by both you and them) your neighbour needs your permission to keep the camera up.
The fact of the camera filming private areas of your home is also potentially a violation of the same article 9 right to privacy.
As you state, you are uncomfortable with this and have not given permission. You should inform the neighbour and ask them to take it down.
The best way to do so is by registered post with reception slip telling them you will take further action if they do not desist (this should be headed 'mise en demeure', a formal warning).
If they refuse, you are within your rights to take the matter further.
You may make a complaint for breach of privacy to the CNIL data protection agency here. You can attach proofs such as photos of the camera.
The agency will check your claim and may contact your neighbour to ask that they take the camera down or change the way it is angled.
If this fails, you can seek professional legal advice and take the matter to the local tribunal judiciaire court, where you can claim damages.
Your neighbour may be fined and obliged to take the camera down.
