The question of legality in the act of photographing or filming other people’s property lies at the intersection of right to privacywhich represents a fundamental prerogative of the individual, and the property right. Confusion and uncertainty often arise regarding the actions permitted in this area: the current legislation, however, clarifies that photographing or filming the property of one’s neighbor or third parties is not in itself an illegal action, as long as certain certain conditions are observed. limitations imposed by respect for the privacy of others. This principle constitutes a delicate balance between freedom of expression and the right to personal privacy, both of which are protected in the legal system.
Ban on photographing private property: what the privacy law says
The Italian penal code, through article 615 bis, precisely regulates the protection of privacy, sanctioning illicit interference in the private lives of individuals. This law provides for a prison sentence of six months to four years for anyone who uses visual or audio recording tools to unduly access news or images concerning the private sphere of others, thus underlining the importance of personal privacy in private areas.
According to the law, the definition of “private life” includes all those activities carried out within places intended for private residence and related appurtenances, such as interiors of homes, garages and garages. Consequently, the legal system specifically excludes the exteriors of homes or private properties from this protection, since these spaces, being naturally exposed to public view, do not fall within the definition of spaces in which private life takes place.
The building facadesthe external walls and other external architectural elements are not considered places of private life, since they are by their nature visible and accessible to the public. This distinction is crucial and reflects a legal logic according to which it is not possible to attribute a confidential character to what is intrinsically exposed and accessible to anyone.
The case of windows: when is it permissible?
The legal interpretation relating to the possibility of photographing external elements of a home, such as windows and balconies, and the related implications on individual privacy are issues of particular importance in the context of legislation on the protection of privacy.
The Italian Court of Cassation has provided important clarifications in this regard, consolidating the principle according to which protection applies exclusively to internal spaces, where private life actually takes place.
According to jurisprudence, it is lawful to photograph the outside of a home, including windows and balconies, provided that private activities taking place inside are not filmed. This means that the legitimacy of the shot depends not only on the object photographed, but also on the angle and visibility of what is happening inside. If the curtains are drawn or the blinds are drawn, blocking the view from outside, then any attempt to film the interior could violate privacy.
The law assumes that the owner is aware of the areas of his property that are visible from the outside. Consequently, it is up to the owner to take the necessary measures to protect the privacy of the areas he wishes to keep private. This includes not only internal spaces but also external areas such as gardens, which may be hidden from public view through hedges, fences or other architectural solutions.
The legal criterion therefore establishes that everything that is visible from a legitimate vantage point, such as the street or other public space, can be photographed, unless there is a clear intrusion into the visible private sphere. This approach balances the right to free expression and information with the right to individual privacy.
When can I film my neighbor?
The right to privacy and respect for private life are firmly protected by Italian law, also in relation to the use of filming devices such as cameras and video cameras. While it is legally acceptable to photograph or film the outside of a home, including that of your neighbor, there are clear legal and criminal limits governing such activities to prevent abuse.
First of all, it’s important to note that taking photos or filming the exterior of a neighbor’s home does not require demonstration of a specific motivation. This can range from the desire to capture aesthetic elements to the acquisition of evidence in case of infringement of one’s rights. However, theuse of such images it is strictly regulated. It is not permitted to use the photographs or videos acquired for illicit purposes, which include, but are not limited to, the intentional nuisance of the person or use in contexts that may harm the dignity or privacy of others.
Furthermore, the law clearly punishes those who photograph people without their consent, even if these are located in a public place or visible to the public. As a result, while it is legal to film the exterior of a house, it becomes illegal if the image includes people who have not given their explicit consent to the film.
Another fundamental aspect to consider is the frequency and method of such filming. It is crucial that the filming behavior does not become habitual or repeated, maintaining the circumstance as a single and concluded event, thus avoiding falling into behaviors that could be interpreted as harassment or invasion of privacy.
Taking photographs without consent in a private place: the sanctions
Taking photographs without consent in a private place it is a significant violation of the right to privacy, protected by both Italian law and international regulations. In Italy, this behavior is mainly regulated by article 615-bis of the Penal Code, which incriminates “unlawful interference in private life“.
According to article 615-bis of the Penal Code, anyone who, by any means, including using visual or sound recording devices, obtains news or images relating to the private life carried out in the places therein is punished with imprisonment from six months to four years. indicated as being of private residence or in its appurtenances, without the consent of the people who live there.
The rule applies exclusively to spaces considered strictly private, such as the interior of a home, appliances (garages, cellars, private gardens, etc.), and any other place not accessible to the public where people know they have the right to privacy.
We must then also consider any possible aggravating: if the act of photographing without consent occurs in particularly invasive ways or if the images are then disseminated or published, further crimes may occur, such as defamation or violation of correspondence. These aggravating circumstances can lead to an increased sentence.
In addition to criminal penalties, the person whose images were taken without consent has the right to request deletion of images and you can turn to the judicial authorities to further protect your personal rights, including compensation for moral or material damage suffered.
