Can I film or photograph my neighbour?
No — filming or photographing a person in a private place without their consent is an offence. The Law of 11 August 1982 on the protection of privacy punishes the act of capturing, recording or transmitting, by any device, the image of a person in a private place, without their consent. The penalty runs up to one year in prison and/or a fine of 251 to 5,000 euros. On top comes the right to one's image: everyone has an exclusive right over their image, and a double consent is needed — one for the shot, another for publication. Even in public, publishing a photo in which the neighbour is identifiable without consent can be wrongful. Filming their garden, their windows or the inside of their home is clearly forbidden. The myth: "I film from my own home, so I'm entitled" — false: what matters is the person targeted and the private place filmed, not where you film from.
📋 The rules
- Consent required: capturing the image of a person in a private place without consent is punished by the Law of 11 August 1982.
- Penalty: up to 1 year in prison and/or a fine of 251 to 5,000 euros.
- Right to one's image: everyone has an exclusive right over their image; a double consent (capture then publication) is needed.
- Capture alone is enough: under case law, filming without even publishing can already breach image rights.
- The place filmed prevails: it does not matter where you film from; what counts is that the person is in a private place.
🔓 Exceptions
- Consent given: if the neighbour clearly agrees to be filmed or photographed, the capture is lawful — but consent to the shot is not consent to publication.
- Public place, incidental subject: a person lost in a street scene, unidentifiable or secondary, raises fewer difficulties than a targeted close-up.
- Proof of an offence: a capture may, in limited cases and under a judge's control, serve as evidence, but that does not make its publication free.
⚠️ Penalties & fines
Filming the neighbour can cost dearly on three fronts. In criminal law, the breach of privacy under the Law of 11 August 1982 is punishable by 8 days to 1 year in prison and/or a fine of 251 to 5,000 euros, with publication worsening the situation. In civil law, the victim obtains damages for breach of privacy and image rights, plus the removal and destruction of the images. On the data protection side, if the images are structured or posted online, the CNPD can be seized and impose measures and fines. Posting on a social network or a neighbourhood group also exposes you to proceedings for defamation or harassment depending on the context. Finally, such a case durably damages neighbourly relations and weighs on any related dispute.
📎 Official sources
- Legilux · Law of 11 August 1982 on the protection of privacy →
- CNPD · image rights and data protection (official dossier) →
- Bee Secure · thematic sheet on image rights (public initiative) →
❓ Frequently asked
Can I film my neighbour if I stay on my own land?
No: the law targets the person filmed in a private place, not where you operate from. Filming the neighbour's garden, windows or the inside of the house from your own home is still a breach of privacy, punishable even without publishing the images.
Am I allowed to photograph the neighbour in the street?
In public space capture is less strictly framed, but image rights still apply to identifiable people. Publishing a shot in which the neighbour is recognisable without their consent can engage your liability, especially if they are the central subject.
Is it an offence even if I do not publish the video?
Yes: the mere capture of a person's image in a private place without consent can already be the offence. Case law accepts that the breach of image rights exists from the shot, publication merely worsening the fault and the damage.
Can I film the neighbour to prove their nuisance?
The temptation is strong, but a capture made without a right can be set aside and turn against you. Better to have the facts recorded by the police, a bailiff or a witness than to commit a breach of privacy yourself.
What does the neighbour who shared a photo of me risk?
They face criminal proceedings under the 1982 Law and a civil order to pay damages. You can also demand removal of the images and seize the CNPD if they were posted online or shared in a group.
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