What are the laws regarding filming on private property with children? For example if you are babysitting and have the kids in the back yard and your neighbor is videotaping the kids from their window playing in your back yard. The neighbor then videotapes a parent leaving the front door of your house with their child down your walkway. Is there a law against videotaping children on private property? This can't be okay!!!! I know this is an unusual question, but I was just made aware of a similar situation at an at home licensed daycare on private property and we are trying to figure out the laws regarding this. Please know that I am already talking to police but they don't seem very helpful (maybe because I was a bit upset at the time) and that all kids involved are safe! I've been trying to find stuff on line but it's been challenging. I just want to know if there are any laws regarding this or what I can do as far as privacy rights.. Thank you for your advice. Just a quick note this is not for a sporting event or city website, this is just a neighbor in a window videotaping the kids playing next door in a backyard.
I don't know what the law says. However my kids have been involved in different sport or township programs over the years. If you don't want to have your kids POSSIBLY photographed in their borchures you need to sign something OR sign them waiver that gives them consent to take photos of your children.
Legally I am fairly certain a business can't take photos of your child without your consent.
I don't have a specific answer, but just a suggestion. Did you call 911 emergency or did you call the non-emergency number? I know when I've called the non-emergency number for concerns they seem to be really helpful (here in AZ at least)
Good luck! I hope you get to the bottom of this. I agree with you, this cannot be ok!
call Div of Family Services. They should have answers for you.
The neighbor is within their rights to photograph or film anything they can see from their window, UNLESS you have proof that they for example peer inside the windows of the facility or they are taking indecent pictures that are against child pornography laws. Believe it or not, but they could even post those pictures online or sell them to magazines for profit (which, if you were a celebrity they might do, what do you think where all these magazines get their pictures from).
If it helps, this is probably just a neighbor who is upset about the noise kids make and documenting stuff in order to sue your provider, or some paranoid about the comings and goings. We used to live in a not-so-nice neighborhood and the community officer actually suggested we take pictures (from a safe distance) of people, cars and license plates that "did not belong".
This is the second time someone posts upset about pictures being taken of their kids... I would remind you to be very careful of what you wish for. I would not want to live in a country where it is illegal to take picture of the public in public or where I could be arrested for taking a picture from my kitchen window. That is way scarier than someone taking a pic of my kid at daycare.
Good luck.
The neighbor can take the pictures, as long as there aren't any looking into the house (there are differences in expectations of privacy in laws regarding situations like these). However, if you ask that the neighbor NOT take pictures of your child, you are removing any implied consent (being in public) and the person then cannot take any pictures of your child, but check your local ordinances/laws. Also, the neighbor may NOT profit from pictures of your children without a release signed by you, however, they may be shared and copied, as long as all other laws are obeyed regarding this.
As far as I know that's the basic outline of laws regarding pictures and children in public, but again, check your local ordinances.
What is the motivation for the videotaping?
Are they thinking that perhaps they have an unlicensed daycare going on next door? Are they trying to document how many kids or comings and goings they have to "deal" with? Maybe they are thinking their neighborhood isn't "zoned" for a business or such activity.
I'm not on their side, but if the police haven't been much help or have spoken to them, maybe they don't think it's serious.
I would confront the person directly and ask them what they are videotaping the children for. Are they nosey? Are they mad? Are they trying out a new video camera? What? What is so photoworthy about the kids?
I would just ask. I would say I'm not comfortable with it. I mean, how do you know they are actually "taping"? Maybe they are just snoopy and their cam has close focus.
I'm not saying it isn't a bit weird, but some moms on this site have thought nothing of advising snooping on neighbors that are suspected of being up to no good.
I would just come out and ask.
Film them filming you.
Talk to the non emergency officers about what's going on.
Best wishes.
I think video tapping anyone from a window is creepy. I run a home daycare and if my neighbors was video tapping my daycare kids from their window i would think this person has a sick motive for doing so. The one to talk to the police would be the daycare provider herself, coming from you the police may not take it serriously, but they would coming from the people involved. If the daycare provider does not know this is going on then you should tell her and let her take the action she feels is necessay. Julie
You could try and talk to a crimes against children type agency... and ask them.
Or an Attorney...
Or, go over there and say, it is an invasion of privacy...
I would, DOCUMENT all of this...
perhaps, turn a video camera on them, of them filming these kids... and let them see you do it...
It is very creepy....
I would.... talk to a Lawyer... since this is key matter.
The only way, to know for sure about laws or how you can stop them... is to talk to a Lawyer....
You can try searching here:
http://www.findlaw.com
and good books to read are:
Neighbor Law: Fences, Trees, Boundaries & Noise
Homeowner's Rights: A Legal Guide to Your Neighborhood (Legal Survival Guides)
Outwitting the Neighbors: A Practical and Entertaining Guide to Achieving Peaceful Coexistence with the People Next Door
It's going to vary with jurisdiction.
Keep in mind the neighbor might be building a case for traffic/noise they are dealing with. Some people really hate neighborhood businesses, but if they are licensed and zoned for an in-home day care they probably can't do much about it. Some HOAs are particularly insane. And some day care places are not very good neighbors (toys/garbage always thrown over fences, etc). You might be able to put up a fence, or plant a few strategic trees to give your property a bit more privacy and block camera views. It might be worth it to check out paparazzi laws, too. The laws protecting actors and other public peoples privacy might help you out a lot.
I suspect its different in each state. I know in Texas it is not illegal to take pictures or film others in the manner you describe. There was a lady taking pictures from her porch of the kids playing on the playground at my daughter's pre-school. The school called the police but there was nothing they could do to stop her as its not illegal.
It actually sounds like the neighbor is recording you for evidence of something --- you say you are 'babysitting' but are you running a daycare without a license? Does this person THINK you don't have a license to be watching kids? Is it against your neighborhood rules to run a small business out of your home? Sounds like they are trying to collect evidence of how many kids you're watching and who is coming and going...
I am fairly certain as long as he is in his own yard, and not trespassing, he can record anything he likes. Publishing the video or using it for profit without permission would fall under other laws.
If they can see it from their window, they can record it... at least that's what I was taught when I was in training for military police. (never actually became an MP, but I finished the training! lol) It is a little creepy, but you don't know why the neighbor is doing this... it could be innocent... but then again it might not be. I would ask the day care provider to try to find a way to put up a privacy hedge or fence... maybe make other parents aware of the situation, and take a collection to help make it possible?
are you licensed? if you are not then that may be why they are recording..if it bother's you that bad (would bother me) then put up a privacy fence. i know that EVERY licensed day care/school my daughter has been in has asked my permission for so much as a picture...personally i don't want some stranger videoing my daughter and her picture getting in houses i don't know.
also TECHNICALLY while your buisness is open, to ME it wouldn't be considred PRIVATE property at that piticular time...maybe if you are licensed, make sure your license is up in a frame where it can EASILY be seen by all who come into your home.
Also i'd notify the parents of the actions so they can act or investigate as they feel necessary
There could be several reasons why they are video taping perhaps if you have too many kids,aren't licensed,have left them unattended(even though in an enclosed area)he/she thinks they are unsafe..
I know what you can do go over there & ask them :)
As for the laws they are in their own home on their own property..
Don't like the idae filming without consent or knowdlege how do you know he is filming have you seen this person actually doing this more than one occasion is it daily all day long or what sounds creepy to me but on the same line as I posted above there maybe a reason.I have video taped my neighbors son & his friend they were playing with cotronella oil on the lawn then light it on fire I had to call their mom at work to tell her (they tried to weasel out of it but I had proof)It's right next to me so if they went up in flames so would of my property..
No law against it that I know of. That neighbor is probably trying to prove that the daycare is illegal in some way-probably that it has too many kids there. We have a home daycare in our neighborhood that has too many and won't let the kids outside to play at all b/c they are afraid their neighbors will call authorities.