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Rules on CCTV and Public Highways


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Its fine, do they show private property?

If a person 'thinks' they are invading their privacy they can make you remove them,

It doesn't even have to actually show their property, the onus is on the fact a person feels their privacy is being invaded, 

And, it is completely illegal to actually view inside AN Others buildings.

 

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A "mate" of mine rents his old flat to two 21 year old blonde Swedish girls who bat for the other side. For THEIR safety he's installed IP cameras in smoke alarms, clocks and fake PIRs.

 

Is "he" breaking the law?

 

;)

 

Seriously:

 

http://www.telegraph.co.uk/news/uknews/crime/11622935/Should-you-install-CCTV-outside-your-home.html

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2 minutes ago, Onoff said:

A "mate" of mine rents his old flat to two 21 year old blonde Swedish girls who bat for the other side. For THEIR safety he's installed IP cameras in smoke alarms, clocks and fake PIRs.

 

Is "he" breaking the law?

 

 

You try telling a judge that!?

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2 hours ago, Onoff said:

A "mate" of mine rents his old flat to two 21 year old blonde Swedish girls who bat for the other side.

 

 

by the way,

that 1gang 1 way switch I fitted for them,

I think I wired it wrong,

I'm going to have to go back and check, just to be sure,   O.o

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11 hours ago, Steptoe said:

 

by the way,

that 1gang 1 way switch I fitted for them,

I think I wired it wrong,

I'm going to have to go back and check, just to be sure,   O.o

I could always help and give you a second opinion ?

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I think you now have to register all cctv under the DPA. 

https://www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

 

We did have something around at work to say that systems had to comply but it was largely ignored. It related more to neighbours complaining of spying and how to deal with them. IE prosecute for not complying.

I have a quite extensive CCTV system that complies with it all;)

 

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57 minutes ago, dogman said:

I think you now have to register all cctv under the DPA. 

https://www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

 

We did have something around at work to say that systems had to comply but it was largely ignored. It related more to neighbours complaining of spying and how to deal with them. IE prosecute for not complying.

I have a quite extensive CCTV system that complies with it all;)

 

 

Domestic CCTV is exempt as long as it only monitors your property - its when you are monitoring spaces away from your property (such as pavements) then it becomes an issue. Rynes was an unusual case as he purposefully monitored the street outside his home, including the opposite side of the road. If you have a camera that due to its location is monitoring your property but it has an incidental view of the road then it becomes secondary to its purpose - for example a camera pointing at a gateway may view people or vehicles passing by as part of the frame may be acceptable, a camera on a post at the end of the drive looking down the road would not.

 

The final judgement was this :

 

The second indent of Article 3(2) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the operation of a camera system, as a result of which a video recording of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of that provision.

 

You can pay £35 per year to register your CCTV if you want - the question becomes if it is worth it or if using privacy screening on the camera would be easier. 

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We were told that the privacy screening may not be enough as you can remove it at will. The council i worked with a few years ago did screen all windows and doors to private property and allowed the individuals to check. As the penalties are high for a local authority for data breaches (our last one ran into hundreds of thousands) there is an expectation of it being managed well.

In a private home this trust is not there and so screening would be questionable.

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As I said Previously, all it requires is for an individual to claim they 'feel' it invades their privacy, whether it actually does or not is irrelevant, 

If your neighbour claims they feel their privacy is being invaded you MUST remove the camera.

Their is NO proof required, and screening is irrelevant. 

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26 minutes ago, Steptoe said:

If your neighbour claims they feel their privacy is being invaded you MUST remove the camera.

 

 

Thats not correct - you would have to prove invasion of privacy and only a court could require you to remove it as it's a civil offence. If you can prove their is no IoP then there is no case - English law is predicated by burdon of proof, you have to prove something exists. 

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34 minutes ago, PeterW said:

 

Thats not correct - you would have to prove invasion of privacy and only a court could require you to remove it as it's a civil offence. If you can prove their is no IoP then there is no case - English law is predicated by burdon of proof, you have to prove something exists. 

Not in the case of a private CCTV system,

I've been down this route with the polis, I install them, 

The only requirement is the 'intimidation' of having your privacy invaded, (for want if a better phrase)

Whether your CCTV actually invades their privacy or not is of no concern in the matter, the judgement must always fall with the person feeling intimidated.

sorry, but that's how it works, you can though, have a registered system that is inspected by the polis and different rules apply.

 

 

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Police will or should i say should not advise a member of the public to remove a camera that is and can be shown to cover only private land. Just because someone feels intimidated does not mean they are 

It sounds that the police were over zealous in their attempts to sort the issue.

The normal legislation would be harassment or some of the protection acts, however there has to be an intent on behalf of the offender to cause intimidation or harassment. 

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9 minutes ago, dogman said:

Police will or should i say should not advise a member of the public to remove a camera that is and can be shown to cover only private land. Just because someone feels intimidated does not mean they are 

It sounds that the police were over zealous in their attempts to sort the issue.

The normal legislation would be harassment or some of the protection acts, however there has to be an intent on behalf of the offender to cause intimidation or harassment. 

You can take the law how you want to,

But I've been there numerous times,

The person controlling the CCTV simply gets a court order telling them to remove the offending camera or they will receive a summons.

It really is that simple,

The aggrieved has nothing to prove, other than perceived invasion, the person controlling said system has to prove beyond reasonable doubt it didn't happen, 

Basically it comes down to this, if you have a high level camera at the rear of your property, and you can see next doors garden from an upstairs window in your property, they have enough grounds for you to remove said camera.

It really is that straightforward.

Reasonable grounds that you may be invading their privacy, that's how the law works in regards to private CCTV systems.

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I don't know what police force you work with but in my area that is not the case. Police will not apply for a court order to remove a camera as no such legislation exists and the only legislation that covers cctv outside of criminal use, is the human rights act( civil law) and the data protection act.(civil law).

Police will sometimes negotiate with cctv owner to move or re-position the camera but unless there is some sort of criminal behaviour they will and cannot get involved.

That said in your case you suggest it is pointing at a neighbours property in which case it has to be registered by the ICO and if it does not comply they can issue proceedings not the police.  Still as long as you comply with the DPA you can still have cctv pointing at public areas

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