May I film my neighbour with a phone or camera from my own yard?
You may not film your neighbour in a way that substantially intrudes into their privacy — this is not just a neighbour dispute but can be a criminal offence, even if you film from your own yard. Under Article 138 of the Criminal Code (KZ-1), the offence of unauthorised image recording is committed by anyone who without authority films or photographs another person or their premises and thereby substantially intrudes into their privacy, or who hands such a recording to a third party or shows it. The penalty is a fine or up to one year in prison, and prosecution begins on a private action by the injured party. A substantial intrusion exists where the recording insults, ridicules or reveals the person's private life. Systematic filming of a neighbour is also processing of personal data under ZVOP-2. The myth that on your own land you can film anything and anyone does not hold — the limit is another person's privacy, not your parcel boundary.
📋 The rules
- Anyone who without authority films or photographs another person or their premises and thereby substantially intrudes into their privacy commits an offence under Article 138 of KZ-1.
- It is equally an offence to hand such a recording to a third party, show it, or otherwise let them see it.
- The penalty is a fine or up to one year in prison; prosecution begins on a private action by the injured party.
- A substantial intrusion into privacy exists where the recording insults, ridicules or reveals something from the private or family life of the filmed person.
- Systematic or continuous filming of a neighbour is also processing of personal data, supervised by the Information Commissioner under ZVOP-2 and the GDPR.
🔓 Exceptions
- Filming your own property for personal use, which incidentally and non-substantially captures the surroundings, is not in itself criminal, as long as it does not substantially intrude into another person's privacy.
- A recording that proves a criminal offence or serious breach and is made as necessary, proportionate evidence may be treated differently; the court makes the assessment.
- Filming at a public gathering or public place without a substantial intrusion into an individual's privacy is generally permitted, but targeted following and exposure of a specific person's privacy is not.
⚠️ Penalties & fines
Unauthorised filming of a neighbour is a criminal offence under Article 138 of KZ-1, carrying a fine or up to one year in prison; prosecution runs on a private action by the injured party. Besides criminal liability, you risk civil damages for the intrusion into the neighbour's personality rights and privacy, and a court order to stop filming and erase the footage. If you film with a camera that continuously captures the neighbour's parcel, it is also unlawful video surveillance under ZVOP-2, for which the Information Commissioner can impose a fine — for an individual EUR 100 to 1,000, and much more for businesses. Publishing the footage on social media increases the liability and can amount to further offences (e.g. abuse of personal data). Unlawfully obtained footage is often useless as evidence, while the dispute with the neighbour intensifies and grows costly with court and lawyer fees. Covert filming only makes matters worse.
📎 Official sources
- PISRS · register of legislation (Criminal Code, KZ-1, Article 138) →
- Information Commissioner · recording and protection of privacy →
- PISRS · Personal Data Protection Act (ZVOP-2) →
❓ Frequently asked
May I film my neighbour if I stand in my own yard?
The limit is not your parcel but another person's privacy, so filming from your yard does not mean you may do anything. If the footage substantially intrudes into the neighbour's privacy, it is a criminal offence under Article 138 of KZ-1, carrying a fine or up to one year in prison.
When is filming a neighbour a criminal offence?
It is criminal where unauthorised filming substantially intrudes into privacy, that is where the recording insults, ridicules or reveals private life. The same applies if you hand over, show or publish such a recording, and prosecution begins on a private action by the injured party.
May I publish footage of a neighbour on social media?
Publishing footage that intrudes into a neighbour's privacy only increases the liability and can amount to further offences and abuse of personal data. Besides criminal liability, you risk civil damages and a court order to take down and erase the footage.
What do I do if a neighbour films and harasses me?
You can report the filming to the police or file a private action under Article 138 of KZ-1, and for continuous surveillance a report with the Information Commissioner. Document the incidents and gather evidence, as you can also demand that the filming stop, the footage be erased and damages be paid.
May I film as evidence in a dispute with a neighbour?
Filming as evidence is possible only exceptionally, where it is necessary and proportionate to prove a serious breach, and the court makes the assessment. Systematically following and filming a neighbour for everyday disputes is not allowed and can amount to a criminal offence and unlawful data processing.
🔎 Common searches
What people search to land here:
- “filming neighbour criminal offence”
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- “publishing footage of neighbour facebook”
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