Can I take photos or videos of my neighbours?
It depends on the situation — general photography in a public place is not an offence in itself, but filming a neighbour's private life without authorisation is. The foundation is Article 71 of the Constitution: everyone enjoys privacy of private life, home and family. The myth many rely on: that you may photograph anyone as long as you stand in a public place. Wrong where the subject is in a private situation or the material concerns private affairs and could cause harm. The big trap for anyone looking up the law: since Act no. 8/2021 the offence is Article 228 of the General Penal Code no. 19/1940 — not the old Article 229, which now covers unlawful access to data. Obtaining, showing, publishing or sharing image material about another person's private affairs without authorisation carries a fine or up to 1 year in prison. Nude or sexual images without consent — including faked ones — fall under Article 199a and carry a fine or up to 4 years. If the filming is systematic it counts as electronic monitoring and comes under the Data Protection Authority.
📋 The rules
- Everyone enjoys privacy of private life, home and family under Article 71 of the Constitution; that is the basis for protection against filming.
- Obtaining, showing, publishing or sharing image material about another's private affairs without authorisation carries a fine or up to 1 year in prison under Article 228 of Penal Code no. 19/1940 (as amended by Act no. 8/2021).
- Since 2021 the imaging offence is Article 228 — not the old Article 229, which now covers unlawful access to data (a computer offence).
- Nude or sexual images without consent, including faked material, carry a fine or up to 4 years in prison under Article 199a.
- If the filming is systematic (e.g. continuous recording of a neighbour) it counts as electronic monitoring and comes under Data Protection Act no. 90/2018 and the Authority.
🔓 Exceptions
- Filming that serves a legitimate interest (e.g. documenting damage to your own property) can be justified, provided it goes no further than necessary.
- A single photo in a public place, which neither exposes private affairs nor causes harm, is generally not an offence — it is publishing and sharing private material that triggers Article 228.
- The media and news reporting enjoy wider latitude for freedom of expression, but that does not justify filming into people's private space.
⚠️ Penalties & fines
The penalty range turns on the material. Obtaining, showing, publishing or sharing image material about a neighbour's private affairs without authorisation carries a fine or up to 1 year in prison (Art. 228), while nude or sexual images without consent — including faked ones — carry a fine or up to 4 years (Art. 199a). The hidden cost is manifold. The offence goes on your criminal record and can affect employment and travel for years. Beyond the penalty, the victim can claim compensation for non-financial loss for the intrusion on their private life, and the amount is set by the court rather than a fixed table. If the filming is systematic, the Data Protection Authority can impose administrative fines and order the monitoring stopped and the material deleted. Finally, unlawfully taken material cannot be used as evidence in the same way as lawful material, so whoever gathers evidence through unlawful filming is left with both a weaker case and their own offence. Crossing the line is expensive.
📎 Official sources
- Althingi · General Penal Code no. 19/1940 (Art. 228 and Art. 199a) →
- Althingi · Constitution of the Republic of Iceland (Art. 71) →
- Data Protection Authority (Persónuvernd) · filming and electronic monitoring →
❓ Frequently asked
Can I take a photo of my neighbour out in the garden?
A single photo in a public place that neither exposes private affairs nor causes harm is generally not an offence, but that changes if you film into a private space or publish the material. Obtaining, showing, publishing or sharing image material about a neighbour's private affairs without authorisation can carry a fine or up to 1 year in prison under Art. 228 of the penal code.
Which provision applies to unlawful filming today?
Since Act no. 8/2021 took effect the provision is Article 228 of the General Penal Code, not the old Article 229 that many still cite. The old Article 229 now covers unlawful access to computer data, so anyone looking up older sources can easily point to the wrong provision.
What is the penalty for publishing a nude image of someone without consent?
Nude or sexual images obtained, shared or published without consent carry a fine or up to 4 years in prison under Article 199a of the penal code. The provision also covers faked material, so computer-generated or altered images of this kind are just as punishable as real ones.
Is it different if I film the neighbour constantly?
Yes, systematic or continuous recording of a neighbour counts as electronic monitoring and then falls under Data Protection Act no. 90/2018 and the oversight of the Data Protection Authority, not just the penal code. Duties on legitimate purpose, signage and deletion then apply, and the Authority can impose administrative fines and order the monitoring stopped.
Can I use photos as evidence against a neighbour?
It depends on how they were obtained; material taken through unlawful filming can be both an offence in itself and of limited evidential value. Courts assess evidence freely, but whoever gathers evidence by breaching a neighbour's privacy is left with a weaker case and can incur criminal and compensation liability of their own.
🔎 Common searches
What people search to land here:
- “filming people law iceland”
- “can i film my neighbour”
- “privacy of private life photos”
- “article 228 penal code iceland”
- “publishing photo without consent”
- “nude image without consent penalty”