My neighbour has installed a doorbell camera. This is a problem as we share a driveway and I suspect the camera records me when I arrive and leave. I think this invades my privacy. My neighbour says my half of the driveway isn’t in the camera’s range, but I don’t believe her and she won’t show me the footage so I can’t check. What are my rights?
Name and address supplied.
Dean Dunham replies: Your neighbour can legally film the shared driveway so long as this is for a legitimate security reason and that the camera is used in a reasonable and proportionate way.
If your neighbour can show the device is there to protect her home or deter intruders, and that she’s not zooming in on your windows or tracking your every move, she’s probably within her rights.
However, the moment a camera captures any part of someone else’s property – including shared property, as in your case – the homeowner becomes what is known as a ‘data controller’ under GDPR rules and the Data Protection Act 2018. This gives you significant rights.
As the footage counts as your personal data, you can submit what’s known as a subject access request.
This obliges your neighbour, by law, to provide you with any clips or images in which you appear and she must respond within one month.
She can’t simply refuse because she doesn’t want to show you.
If your neighbour can show the device is there to protect her home or deter intruders, and that she’s not zooming in on your windows or tracking your every move, she’s probably within her rights, writes Dean Dunham
If she ignores you, or you are convinced the camera is recording more than is necessary, your next port of call is the Information Commissioner’s Office (ICO) – the UK’s data watchdog.
It has the power to investigate, order footage to be disclosed or deleted and even require cameras to be repositioned if they are breaching your privacy.
That said, involving the ICO should be your last resort. As I always advise with neighbour issues, a calm conversation with a view to an amicable solution is the best course to take.
Neighbour disputes can escalate unnecessarily, so always try diplomacy first.
I ordered some gold earrings online to give to my wife for Christmas. However, the delivery company left the parcel outside on the doorstep and someone stole it. The jeweller said it wasn’t responsible as the courier should have been more careful – but the courier says it’s up to the jeweller to give me a refund or replacement. Who is right?
Name and address supplied.
Dean Dunham replies: The jeweller is totally wrong as the Consumer Rights Act 2015 says the complete opposite. Section 28 explains that traders have a legal obligation to deliver goods purchased online – unless it is agreed otherwise.
Importantly, Section 29 then goes on to say that until the goods are delivered into the physical possession of the consumer, which means they are present when the goods are delivered, they remain at the risk of the trader and therefore are not deemed to have been delivered.
The only exception to this would be where the consumer elected for the delivery to be made to a ‘safe place’ – hence why I always advise against this option.
As the goods were left on your doorstep and not in your physical possession, the fact they were stolen is not your problem, meaning you can now demand replacement goods or a refund.
As for the courier, it may well be their fault – but again, that’s not your problem. The courier’s contract is with the jeweller and not you, so it is the former who must pursue any complaint here.
If the jeweller refuses to give a remedy, you have several options.
Traders have a legal obligation to deliver goods purchased online – unless it is agreed otherwise, writes Dean Dunham
You could lodge a chargeback claim if you paid by debit or credit card, or a Section 75 claim if you paid by credit card and the amount spent was greater than £100.
Alternatively, you could ask whether the jeweller is subscribed to an alternative dispute resolution scheme. Or you could turn to the small claims court.
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