A council flat tenant says he has been unable to use his own garden for over a year because of a doorbell camera installed by his neighbour.

Mark Fairman says it breaches data protection laws and is demanding Renfrewshire Council take action to have it removed.

He feels his privacy is being invaded as the camera films directly into his garden, within the grounds of a block-of-four flats in Foxbar, Paisley.

Mark, 55, claims he has felt unable to use the space since March 2020 when the Ring doorbell camera was fitted.

Having got nowhere with the local authority to get it removed, he even tried the Information Commissioner’s Office in Edinburgh, to no avail.

Mark said: ‘I have contacted the police about it who have told me it’s a civil matter and the council are telling me to speak to the police.

‘I just want it removed. I feel like I am constantly being watched and that I have no privacy in my own garden.

‘I just don’t feel comfortable with the camera there. It’s only about two feet away.’

The Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights in the public interest.

It states: ‘Data protection laws don’t apply if the cameras cover only the user’s own private property, including their garden.

‘Therefore, visitors caught on these cameras don’t have specific data protection rights in relation to the images captured on those cameras.

‘If the cameras capture images of people outside the boundary of the user’s property – for example, in neighbours’ homes or gardens, in shared spaces, or on a public footpath or a street, then neighbours, passers-by and anyone else caught on camera will have rights under the data protection laws.

‘Capturing and recording such images is not itself a breach of the data protection laws.

‘But CCTV users must ensure they comply with these laws and respect the data protection rights of people whose images they capture.

‘This applies to any video surveillance equipment mounted or fixed on a home, and can include cameras fitted into doorbells.’

The ICO also adds that in cases like Mark’s, he has the right to be told he is being filmed and also has the right to ask for copies of any footage containing him or ask for any of the footage to be deleted.

The independent regulatory body also has the right to ask that the camera does not capture him at all.

Mark said: ‘It just isn’t acceptable. I don’t know why it is necessary to have it filming where it is.

‘Something needs to be done about it as I must have some rights in this situation.’

Renfrewshire Council stated that council tenants require permission when fixing any equipment to a council property.

A spokesman for the authority added: ‘The local Housing Officer continues to provide Mr Fairman with advice as we seek to resolve this matter.

‘Any tenant or resident using filming equipment at their property should operate this in a responsible way to respect the privacy of others.’

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