You can face legal action for inappropriately positioning surveillance cameras in your area of residence, a court has ruled.
One homeowner learnt this the hard way after they were fined Ksh200,000 for installing CCTV cameras that were facing their neighbour’s property.
The cameras were adjudged to have invaded their privacy, according to a determination by the Data Protection Commissioner (ODPC)
The case stemmed from two neighbours who complained that a surveillance camera was installed adjacent to their property in a manner that interfered with their right to privacy.
Aerial view showing houses in a densely populated area in Australia taken in September 2020.
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Dormain
The commissioner was informed that the cameras had been installed in 2021 to enhance security in the neighbourhood, but their placement had interfered with residents’ peaceful enjoyment of their properties.
The claimant further added that despite the surveillance being removed, the dispute had not been resolved.
ODPC received the complaint on July 22, 2025, under the Data Protection Act, 2019, which provides a framework for protecting personal information and safeguarding individuals’ privacy.
The respondents were later notified of the complaint on July 28, 2025, when they were needed to explain the positioning of the cameras, which resulted in them submitting a response that was later reviewed through investigations carried out, as well as the evidence presented.
Article 31 of the Constitution of Kenya, protects the right to privacy which included protecting against unnecessary disclosure of information relating to a person’s family or even private affairs.
The Data Protection Act has established principles governing the processing of personal data and provided a mechanism for individuals to lodge complaints when they believe their rights have been breached.
Additionally, the dispute has highlighted the use of CCTV cameras for home security, especially when their positioning placed them at risk of capturing inside a neighbour’s private residence or compound.
However, homeowners can still install surveillance cameras for their own protection of their property, but must always consider how the cameras affect other people's privacy.
Security concerns do not justify monitoring a neighbour's private living space.
Moreover, it is important to address complaints about surveillance and ensure that security measures do not infringe on the privacy rights of others.
An undated photo of a modern CCTV camera on a wall.
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Securitas Technology