Q Strangers, whom no residents know, were found lurking the hallways of our
building. Now a neighbor across the hall from me would like to install a
security camera inside their door, facing the hall. The camera does not capture
my door, but it does capture the space between my door and the elevator down
the hall. It is impossible to leave the building from my unit without crossing
through the frame of this security camera. Management tells me my neighbor has
complete control over the camera's footage, and I believe it has private
information of my family's whereabouts and activity. Do I have any privacy
rights over this door camera?
—Camera-Shy in Chicago
A “Yes, individuals have privacy rights regarding audio and video surveillance by
neighbors, but the standard is high in order to have legal remedies against the
other owner,” says Jennifer O’Reilly, an associate with the law firm of Levenfeld Pearlstein in Chicago. “In Illinois, an owner can bring an action for intrusion upon the seclusion of
another. This action is defined as 'consisting solely of an intentional interference with
a person’s interest in solitude or seclusion, either as to his person or as to his
private affairs or concerns, of a kind that would be highly offensive to a
reasonable man.' The intrusion must be unauthorized, highly offensive and of a
private matter.
“In a 2005 Illinois case, an owner brought an action against his neighbor for
intrusion upon the seclusion of another for placing security cameras facing the
garage, driveway and side-door area of plaintiff’s home. In that case, the court ruled against the plaintiff stating that the plaintiff
did not prove that the intrusion was into a private matter because any passerby
could see what the camera saw, just from a different angle.
“If, however, the cameras record audio communication without your consent, the
owner of the camera is in violation of the Federal Wiretap Act and Illinois
eavesdropping laws, which could impose imprisonment as a penalty.
“If the video surveillance cameras are not recording a private matter, but there
are still concerns regarding privacy, you may bring the issue to the Board of
Directors of the condominium or homeowner association. The board may investigate whether the cameras are recording audio communication
or whether the cameras can be repositioned so as to balance the owner’s security concerns with your privacy concerns.”
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