Is it legal for a neighbor to videotape children outside?

Question

My neighbor watches for vandalism, stealing cars, etc. around our building and tries to catch the culprit on tape. I found out he taped some kids breaking something outside. He reported the incident to the manager. The kids next door and possibly my children are on the tape. The other kids mom said she will be viewing it today. We called the police but they said it is legal because it's on public property and not looking up skirts or something. I feel it is wrong in this day and age to tape children without consent unless of course the crime is very serious. He certainly didn't catch the person who tagged my car with graffiti a couple of weeks ago. Catching a true criminal is one thing but taping children playing outside is scary!

Many good answers here, ty. I understand that videotaping is legal in public regardless if it's children and I would not be upset (except at the kids), if it was my kids caught on surveillence doing something wrong. Thankfully I do have good kids who have not been in trouble. My biggest concern was just the possibility of negative intent for the video. I am ok with surveillence. I realize now how frequently a person is taped without knowledge and I can only hope whoever is recording is only doing so with good intentions.

Answer 1

If the children were in a public place then everyone would see them anyway. If they were breaking something then they should be punished. Unless the video is obviously intended for some pornographic purpose then you and the other mom should stop complaining about the video and start investigating whether it was your kids causing trouble and make sure it doesn't happen again.

Law abiding citizens are getting sick to the back teeth with kids causing trouble only to find that as soon as they complain they get the parents whingeing about their kids' rights. What about the rights of the people who have to put up with these kids running wild?

As you demonstrate in your question, you would be the first to complain if your property was damaged. If the video showed a young child tagging your car would you tell the guy to destroy the tape because it showed a child on video? I doubt it. You would want to know who the child was, and if you found out you would probably complain to the police of even to the child's parents.

You say "true criminal"? so anyone is a criminal as long as it isn't your child breaking something that doesn't belong to them, is that it?

If your kids were causing trouble then give them a good hard slap. Then when you've finished give yourself one as well

Answer 2

It is not illegal in the aspect of recording a crime. It is illegal to record someone talking without their knowledge, but not to record visual. People have security cameras with no sound recording all the time. Very legal.

But this other situation, I would be concerned if someone was video taping my children outside just playing also. I would contact a lawyer to see where the line is drawn for recording. You cannot set up video cameras in someone else's home this is an invasion of privacy. If your children are playing in the privacy of your yard and a neighbor is recording this, you have legal grounds to stand on and to report it.

Answer 3

You know what, a crime is a crime. It doesn't matter if he catches someone breaking into his house or some kid breaking his window with a baseball. You can't trust people these days and you're not always going to be around to catch them in the act, so some people choose to put up surveillance. Would you rather have your neighbor standing at the window all day staring at your children? Cause to me that sounds way more creepy.

Answer 4

I'm not sure about the laws on this, and it may depend on where you're located. I would talk to a lawyer to be sure.
But, more important talk to the kids. Tell them there are a lot of bad people in the world that like to hurt and even kill kids. Stress the point to them until you know that they know better then to talk or even go around people they don't know. Be sure to also tell them it's not always strangers and that they should not go anywhere without coming to you first. Keep in mind that it's not just girls and nor is it just little kids. If it takes scaring them at least they will make it through, we hope. I live in a very small village at the moment but my 10 yr old tells me exactly where I can find him and before he goes anywhere else he comes and talks to me. There are around 100 people here and 3 known child molester predators, good odds heh. Think about it.

Answer 5

get over it. In this day ad age I am sure that you and your childrem are on many tapes. If you go to a store for shopping you are being taped if you walk down the street you are being taped. No mater where you go there is a camera on you. Should we take all the cameras out just so thay do not catch a kid by accadent.
Maybe it is that you promote the crimes that the kids are doing.

Answer 6

Maybe his taping will catch others who have broken the law. Many ppl are taping all kinds of events.... for example that is how we got the 9/11 tapes..... many crimes are solved because they are caught on tape. If your neighbor is nervous about vandalism than he is just trying to protect himself and others around him. To infer this is some type of pedophile behavior is way off target... I hope he catches who is damaging property and they meet the police... Im sick of ppl stealing my grandkids bikes and keying cars and oh yah..... this was done by kids. Two 5th graders were caught with the bikes.... stolen...

Answer 7

It is legal, outside there is no expection of privacy, as it is a public place.

In this day and age, he could have very well have taped someone intent on harming your children, or kidnapping them instead of catching your neighbors children and possiblely yours in a wrong doing.

Answer 8

Being in a public place dismisses your right to privacy (which is nowhere in the constitution anyway). Your only hope would be to catch the neighbor doing something illegal (tresspassing, littering, etc.) while he's videotaping to keep him from doing the videotaping. Without that, you're out of luck. Sorry.

Answer 9

If you feel that strongly about it build a fence around your yard, then your children will have an "expectation of privacy". [1]
But while he is only taping on a public street and not doing anything indecent and not taping INSIDE your house(this would be banned by peeping tom laws [2]) -- his actions are completely legal, and should remain that way.

Answer 10

Video taping people on your own property or on public property is 100% legal. In this day and age you are surrounded by video camaras. They are on every toll both, street corner ATM, every store you walk into and now on many traffic lights. That's not going to change any time soon so get used to it.