The short answer
In general, yes, you can put CCTV on your own property for security. Keep the cameras pointed at your own property, display clear signage, avoid recording audio without consent and look after the footage responsibly under POPIA. Rules for businesses are stricter, and by-laws and estate rules can add more. This is general information, not legal advice.
POPIA (the Protection of Personal Information Act) covers personal information, and clear video of identifiable people counts. POPIA excludes processing for a purely personal or household purpose, but that exclusion may not cover cameras that film neighbours or public areas, and it does not cover businesses. If you are unsure, take legal advice.
Put clear signs at the entrances to the property saying that CCTV is in operation. It warns visitors, helps with privacy expectations and is good practice for any system. A business should also make its purpose and contact details easy to find.
Recording private conversations without the consent of the people involved can break the law on interception. Many installers advise switching audio off unless everyone affected knows and agrees.
POPIA applies fully to businesses. You are the responsible party for the footage, so you need to think about the purpose, notices, who can view the footage, how long you keep it and your obligations to staff who are filmed. Ask a privacy specialist about your specific duties.
Body corporates and estates often set their own rules on cameras, such as where they may point and who may view them. Some municipalities have proposed or adopted CCTV by-laws, for example about cameras that face public roads. Rules change, so check the current position with your local municipality before relying on any of this.
See also: CCTV in complexes.
Not for ordinary home use as far as we know. Businesses should check their POPIA obligations, including who their information officer is.
You shouldn’t point cameras at your neighbour’s private areas. Use privacy masking to block them out.
Posting footage of identifiable people in groups can create privacy and defamation risks. Give it to the police or your insurer instead.
It is good practice, and for businesses it supports POPIA compliance.
It can break the law on interception if people haven’t consented. Many installers switch audio off.
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