Can I film my neighbour with my phone and post the recording?
Conditional — a passing shot of a public area is one thing, targeted filming and posting a neighbour quite another. Merely filming a public area with a phone is as a rule not banned, but targeted filming of a specific person, into their home or yard, and especially posting the recording, leave private use and enter privacy protection. Here the myth „in a public place I can film and post anything" falls: unauthorised image recording of a person in a space shielded from view, and using or posting such a recording, is a criminal offence under Art. 144 of the Criminal Code (up to 1 year in prison). Posting a recording of a neighbour on social media also breaches the data-protection rules and personality rights, so a request to establish a breach can be filed with AZOP, which can order removal and erasure and impose a fine. Persistent filming and following of a neighbour can also be harassment and grounds for court protection.
📋 The rules
- Passing vs. targeted: filming a public area is as a rule not banned, but targeted filming of a specific person, into their flat, yard or through a window, leaves private use and touches privacy and personality rights.
- A criminal offence: unauthorised image recording of another person in a space shielded from view, as well as using or making the recording available to third parties, is punishable under Art. 144 of the Criminal Code (up to 1 year in prison).
- Posting is a separate problem: even once the recording exists, posting it on social media breaches the data-protection rules; you send a recording of a burglar or neighbour to the police, not to the internet.
- AZOP and personality rights: the wronged neighbour can file a request with AZOP to establish a breach, and AZOP can order removal of the content and erasure and impose a fine; independently of that, a lawsuit for damages is possible.
- Harassment and safety: persistent filming, following and intimidation of a neighbour can be an offence against public order or grounds for court protection from violence and harassment.
🔓 Exceptions
- Proving an unlawful act: a recording made to protect a right or report a criminal offence can be justified when the interest of protection outweighs privacy — but that is judged by a court, not by the person filming.
- Your own property and the household exemption: fixed CCTV of your own house has its own rules (the frame covering only your property) and is a separate question; this is about handheld, targeted filming of a person.
- Public events and public figures: filming at public gatherings or of people in a public role has wider limits, but even that does not cover targeted intrusion into someone's home and private life.
⚠️ Penalties & fines
A passing shot of a public area without posting as a rule carries no consequences. Targeted filming and posting a neighbour are another matter: unauthorised image recording and posting such a recording under Art. 144 of the Criminal Code are punishable by up to 1 year in prison, and the offence is prosecuted on the victim's private charge. Posting a recording on social media also breaches the data-protection rules, so AZOP can order the content removed and erased and impose an administrative fine; the general GDPR range runs very high, and there is a known case of a fine of 675,000 kn (about €89,588) imposed on a legal person for recording and posting someone else's footage. On top of that, the filmed neighbour can claim damages for breach of personality rights, and persistent filming and following can also amount to an offence against public order. The hidden trap: once posted, a recording is hard to erase from the internet, so even after removal a trace and liability remain.
📎 Official sources
- AZOP — Personal Data Protection Agency (recording and posting footage) →
- zakon.hr — Criminal Code (Art. 144, unauthorised image recording) →
- Narodne novine — Criminal Code (consolidated text) →
❓ Frequently asked
May I film my neighbour in the yard with my phone?
A passing shot of a public area is as a rule not banned, but targeted filming of a neighbour, into their yard or through a window, touches privacy. Filming a person in a space shielded from view and posting such a recording can be a criminal offence under Art. 144 of the Criminal Code.
May I post a recording of a neighbour on Facebook?
No — posting a recording of a neighbour on social media breaches the data-protection rules and personality rights. You send a recording of an unlawful act to the police, not to the internet, because posting can itself be a breach and grounds for a fine.
What can I do if a neighbour films and posts me?
You can ask them to stop and to remove and erase the recordings, and if they refuse, file a request with AZOP to establish a breach. You can also sue for damages for breach of personality rights, and in cases of persistent filming seek protection from harassment.
Does this also apply to filming in a public place?
Filming a public area has wider limits, but even that does not cover targeted intrusion into someone's home and private life or posting a recognisable person without a basis. The line is set by the targeting and the posting, not merely by where you film from.
Can I use the recording as evidence in court?
A recording made to protect a right or report a criminal offence can be justified when the interest of protection outweighs privacy, but that is decided by a court. An unlawfully obtained recording may be rejected as evidence, so for serious cases turn to the police.
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