CCTV
Submitted by Donchichio on Fri, 30/07/2010 - 19:58
hi everyone, my neighbours and me are not on speaking terms and just last week they installed CCTV cameras around thier house. I have noticed that one of the cameras is facing towards my land and im sure they are in the position to film on my land. Is there anything I can do as im sure this is an invasion of privacy, trespassing and I have the right to havd the cameras facing another way. In addition, Am I right to assume cctv footage cannot be used in court without a disclaimer? Regards Don
The installation of a camera
The installation of a camera which monitors your property could be regarded as a breach of your human rights.
Article 8 of the European Convention on Human Rights now incorporated into our law by the Human Rights Act 1998 guarantees an individual's right to private and family life home and correspondence.
If the court agreed then an injunction could be ordered against your neighbour. The mere threat of action should be sufficient to make your neighbour reposition his camera away from you.
The use of CCTV cameras is governed by The Data Protection Act 1998 and although section 36 of that Act exempts domestic use from the principles set out in Parts 1 and 2 of that Act it does seem that pocessing data showing images on property not owned by the camera owner will still be subject to the principles detailed in Schedule 2 of the Act.
Even if you neighbour could bring himself within these principles he would have to put up a notice to say that people entering your property were being monitered, the purpose of such monitoring and who was responsible for processing the data.
He would also have to provide copies of the video if anyone made a request for the information.
You should be able to use this post to sort out this particular problem although I always stress that neighbours should try to resolve their differences amicably.
First of all, thank you for
First of all, thank you for your reply its much appreciated. with regards to the camera that is facing towards my property, I will be requesting my neighbours to redirect the cameras towards thier own property as it is a breach of my human rights and wait on the outcome With regards to the use of video footage as evidence, am I correct in assuming video footage captured by cctv cameras without a notice is not permissable as evidence in court? Regards Don
Don
i believe that the video
I believe that the video footage could only be used in court if your neighbour could satisfy those principles referred to in my previous post.
cheers, I just needed to
cheers, I just needed to clarify the issue. My neighbour has not satisfied the conditions: On a side issue, my neighbour has on occasions used a camera to film my contractors and my self without my consent may I add. What are the implications of such actions insofar as do I have any rights in refusing my neighbours to film me and any work carried out. On a personal note, it is very annoying have a video camera in my face its very intrusive
Don
thanks, i missed your reply
thanks, i missed your reply as I assumed it would be after my question
Don