Protecting the privacy and security of your home

In an age where personal information is increasingly accessible and easily disseminated online, protecting the privacy and security of your home has never been more crucial. Whether you’re concerned about the visibility of your property online, press intrusion or the amount of information available in public property records, there are several practical and legal steps you can take to safeguard your privacy.

Controlling the images

One of the first steps to take when thinking about your home’s privacy is to ensure you have control over the photos and videos of your property. It’s customary (and necessary) for estate agents and developers to take photos and videos of the inside and outside of the property for marketing purposes. However, these images can remain online long after the sale is completed, potentially compromising the privacy and security of you and your family. The press can republish these images without your consent and criminals could potentially obtain copies of the floor plans.

If you are concerned about privacy/security, it is always advisable to obtain the copyright in any photos and videos of your property before the sale is finalised (it can be done afterwards, although there is a greater risk of the copyright owner refusing). This can be included as a clause in your purchase agreement, as well as a requirement that the agents responsible for selling the house agree to remove the images from their website post-completion (this is recommended at the very least, even if they will not agree to assign the copyright). Once you have copyright, you can request the removal of these images from any other websites where they are published without consent as well as search engines, significantly strengthening the privacy and security around your home. 

Restricting information on public registers

Land Registry

The Land Registry in England and Wales provides a comprehensive register of property ownership and mortgages. As such, the ownership of all freehold and leasehold property in England and Wales is a matter of public record. This naturally gives rise to privacy and security concerns, particularly among high net worth and/or high-profile individuals. The risks are reduced by the fact that the register can only be searched by property and not by the name of individuals, meaning that in reality it is not a straightforward way of identifying an individual's home address.

That said, additional privacy protection can include using corporate entities or trust structures to purchase property. However, there are additional tax and reputational considerations to take into account when determining whether this is the most appropriate avenue. Increasing transparency in respect of corporate structures (and their beneficial owners) is another factor that must be considered. 

Planning applications

Planning applications can reveal a significant amount of information about your property, including detailed floor plans, security vulnerabilities and personal information that otherwise would not be in the public domain. As a starting point, the planning system is very much meant to be perceived as a transparent system, not just for neighbours to object, but also to allow other public bodies (such as environmental officers) to raise concerns if (for example) there are proposals to fell trees.

Nonetheless, there are ways to limit the exposure of sensitive information on planning applications.

Holding a pre-application meeting with the council before submitting your application is a helpful forum in which specific and justified concerns can be raised in a (usually) private setting. A planning consultant can attend on your behalf, and the owner of the property need not be named during this meeting. The aim here is to give the council a compelling reason for why the information should not be published. While submissions and representations on why certain information should not be made available on the planning portal can be forcefully made at the meeting itself, be mindful of leaving any documents with the council as they could form part of any Freedom of Information Act disclosure request.

When submitting planning applications, ensure that personal information (or any other identifying information) is redacted, or better still, make the application under the name of a third party (such as your planning consultant). This includes names, contact details, and any other identifying information.

Physical security measures

While legal measures are strongly advisable, practical steps to enhance the physical security of your home are equally important. These measures not only protect your privacy but also enhance the overall security of your property.

Security cameras can deter potential intruders and provide evidence in case of a security breach. Ensure that cameras are positioned to cover key areas without infringing on neighbours’ privacy.

High fences, hedges, and other barriers can prevent prying eyes from seeing into your property. Reinforce doors and windows with high-quality locks and consider installing a security system with alarms and motion sensors.

Managing your online presence

Being aware of and managing your online presence is crucial for maintaining privacy. This includes being mindful of what you share on social media and taking steps to remove or limit online information about your property and personal life.

The first step is to find out what's out there. This should include, but go beyond, a simple Google search. For a comprehensive approach, it is worth considering the use of digital intelligence experts who can map your online presence for you, including on the dark and wider deep web. This will alert you to risk areas and allow you to identify information which you may wish to amend, remove or take alternative precautions against. It is then a case of dealing with each URL in turn to determine what action can be taken to minimise exposure.

Be cautious about sharing images or details of your home on social media. The more private information (relating to you, your family or your property) that you volunteer into the public domain risks eroding your privacy rights in the future.

Legal recourse for privacy invasions

Despite taking all possible precautions, there may be instances where your privacy is invaded. This could take the form of the media (or individuals on social media) publishing private information about you or your property or paparazzi taking private photographs of you.

Where your privacy has been breached, it is advisable to take assertive action if the merits justify it. The media should not publish pictures or features of your property which would identify its location. However, when the media or the paparazzi do overstep the mark, it is important to enforce your rights by clearly signalling that such behaviour is unacceptable. This can be done directly with picture agencies and/or by engagement with the newspapers or other media outlets that publish the photographs.

In severe cases, you may need to pursue legal action to seek damages or an injunction.

Conclusion

Protecting the privacy of your home requires a combination of practical measures and legal strategies. By obtaining copyright in property images, restricting information on public registers as far as possible, enhancing physical security, managing your online presence, and knowing your legal rights, you can significantly reduce the risk of your privacy becoming compromised.

It is inevitable that there will nearly always be some traces of your information online. However, it is best practice to take appropriate precautions at an early stage, review the position from time to time, and bear in mind that when it comes to online disclosure, less is more.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, September 2024