Can you film or photograph your neighbor to document suspected illegal activity?

A ruling by the District Court (Amtsgericht, AG) of Lörrach says: Not just like that! The General Data Protection Regulation (GDPR) sets strict limits. Here’s why the court prohibited the surveillance and what this means for you.
(AG Lörrach, ruling dated 03.03.2025 – Ref.: 3 C 1099/24)

The Case: Neighbor documents suspected business activity

A landlord and neighbor filmed and photographed his tenant, suspecting unauthorized business use of the property. In court, however, he couldn’t prove his suspicion. The tenant then sued for deletion of the recordings.

The Verdict: Neighbor surveillance violates GDPR

The court ruled in favor of the tenant. The neighbor had to delete the photos and videos and was prohibited from further recording. The surveillance was deemed an unlawful processing of personal data. The defendant failed to prove the recordings showed commercial activities or were necessary for legal enforcement. The plaintiff convincingly argued they depicted private behavior.

Court’s Reasoning:

  • Photos and videos are personal data: Images where individuals are identifiable fall under GDPR.

  • Legitimate interest isn’t enough: Even if the neighbor had a legitimate interest, the recordings weren’t necessary. Less intrusive means (like photographing machines without people) were available.

  • No evidential value: Since the plaintiff credibly showed private activity and the recordings weren’t essential to prove business use, the footage held no evidential weight.

What does this ruling mean for you? Watch out for GDPR with surveillance!

Key takeaways:

  • GDPR limits neighbor surveillance: The GDPR strictly restricts video surveillance, especially of neighbors.

  • Necessity required: Recordings are only allowed if truly necessary and no milder means exist.

  • Protect personal data: Be mindful that photos/videos of people can violate GDPR.

FAQ – Neighbor Surveillance:

  • Can I film my neighbor? Only under strict conditions, like securing evidence of a clear legal violation—and only if no less invasive methods exist.

  • What counts as “necessary” under GDPR? The action must be appropriate and required to achieve the intended purpose.

Conclusion: Be careful with surveillance!

This ruling shows: filming your neighbors is a legal minefield. Always check GDPR rules before using your camera.

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