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What are the legal implications of a house owner putting a camera on their house which points at a path with an easement on it, such that someone else has a right of way on that path? I.e. it's not a public right of way and nor is it completely private property.

The aim is for the owner of the house to have evidence if the person with the easement does anything to the owner's property, but not at the expense of incriminating themselves if this is not technically legal.

This is in England.

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  • The ICO has guidance on domestic CCTV but does not address the matter of easements. Since the effect of installing cameras would be to regularly surveil someone who is not part of your household, I think GDPR would apply and you'd have to formulate a legal basis, install notice signs, and so on. You might have a legitimate interest in using cameras if there have recently been problems, but not as a purely precautionary measure. – amon Aug 17 '20 at 14:31
  • @amon thank you for that. If you make it into an answer I can upvote / accept it! – Vicky Aug 17 '20 at 16:39
  • @amon Are you sure? My read of that document is that it is legal to capture images of people who are regularly on one's property legally. Some, such as utility workers, are there b/c their employers have an easement. – Just a guy Aug 17 '20 at 16:48
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    The guidance says things "outside the boundary of your private domestic property" include "shared spaces..." So it seems the question is whether an easement that is regularly used counts as a "shared space" in the UK. Maybe the best option is to contact the IOC. – Just a guy Aug 17 '20 at 16:49

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