NAIROBI, Kenya – A homeowner has been fined Sh200,000 after surveillance cameras installed for security purposes were found to have infringed on a neighbour’s privacy, according to a determination by the Office of the Data Protection Commissioner (ODPC).
The dispute involved two neighbours who complained that CCTV cameras installed adjacent to their property were positioned in a way that interfered with their right to privacy and peaceful enjoyment of their home.
The cameras were reportedly installed in 2021 to improve security in the neighbourhood. However, the complainants argued that their placement intruded on their private space.
They further told the commissioner that removing the surveillance equipment had not resolved the dispute.
How The CCTV Privacy Dispute Began
The ODPC received the complaint on July 22, 2025, under the Data Protection Act, 2019.
The respondents were notified of the complaint on July 28, 2025, and asked to explain the positioning of the cameras. Their response was subsequently reviewed alongside evidence gathered during investigations.
The determination highlights the legal concerns that can arise when surveillance equipment intended to protect one property captures activity within a neighbour’s private residence or compound.
What Kenyan Law Says About CCTV And Privacy
Article 31 of the Constitution of Kenya protects the right to privacy, including protection against unnecessary disclosure of information relating to a person’s family or private affairs.
The Data Protection Act, 2019, establishes principles governing the processing of personal data and provides a mechanism for individuals to lodge complaints when they believe their data protection rights have been violated.
CCTV footage can constitute personal data where individuals are identifiable, meaning camera placement and the handling of recorded images may raise data protection concerns.
Homeowners are not prohibited from installing surveillance cameras to protect their property. However, the use of CCTV must be balanced against the privacy rights of other people.
Why Camera Placement Matters
The dispute underscores the importance of positioning surveillance equipment so that it focuses on areas necessary for security without unnecessarily monitoring neighbouring homes or private spaces.
A camera directed at an entrance, gate or driveway may serve a legitimate security purpose, but capturing a neighbour’s private living areas can raise serious privacy concerns.
Residents who believe their privacy has been violated can seek guidance or lodge complaints with the relevant authorities, including the ODPC.
The case serves as a reminder that security measures must be implemented in a manner that respects the constitutional and statutory privacy rights of others.
