Being spied on! in Benefits and HMRC Posted January 5 As a general rule it is not illegal to take photographs of a person in a public place, however your garden and driveway may not fall under this category. Data protection act doesn't apply anyway as this was replaced in 2018 by the General Data Protection Regulation (GDPR) and in any case, this wouldn't apply to photographs of you as these aren't considered personal information. HOWEVER, if by taking photos of you in a public place, i.e. the village, it is causing you distress or alarm, you may have a case for harrassment or stalking. This could be considered an offence. Your best bet is to call the non-emergency line of your local police force on 101 and get their advice.