ChatterBank1 min ago
Domestic CCTV Laws
I am being disiplined at work due to being captured on a domestic cctv camera which also has audio facility.
Circumstances are - whilst conducting duties at a house, i was verbally abused by a person living in the neighbouring house. A verbal argument ensued between myself and the neighbour who was shouting out at me from an upstairs window. After a short while the neighbour went back inside the house and shut the window. Under my breath i made a comment to myself. Not knowing that the neighbours house had cctv with audio, it seems that the neighbour has re-viewed the cctv and has heard what i said.
What i am wanting to know is because they did not have any signs displayed stating cctv in operation, coupled with the fact that they were filming a neighbours property. Does this make the footage inadmissable, for the purpose of a complaint against me???
Circumstances are - whilst conducting duties at a house, i was verbally abused by a person living in the neighbouring house. A verbal argument ensued between myself and the neighbour who was shouting out at me from an upstairs window. After a short while the neighbour went back inside the house and shut the window. Under my breath i made a comment to myself. Not knowing that the neighbours house had cctv with audio, it seems that the neighbour has re-viewed the cctv and has heard what i said.
What i am wanting to know is because they did not have any signs displayed stating cctv in operation, coupled with the fact that they were filming a neighbours property. Does this make the footage inadmissable, for the purpose of a complaint against me???
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.With only a few exceptions anyone is allowed to photograph (with either still or moving images, and with or without sound) what they like and when they like, as long as the photographer (or, for remote systems, the camera) is on public land, on their own property or where the owner of the property has given permission for photography. It's perfectly lawful to film what's going on in your neighbour's garden (or, if they leave their curtains open, even what's going on inside their house) if the the camera is on your property.
As your post clearly recognises, CCTV used by businesses must conform to a code of conduct (in order to comply with the provisions of the Data Protection Act), including the display of appropriate notices. The Data Protection Registrar (as he was then known) originally held the view that the legislation also applied to domestic CCTV installations. However, following a legal test case, the Information Commissioner (as he is now known) has revised that opinion and the website of the Information Commissioner's Office now states (quote) "The Data Protection Act does not apply to individuals� private or household purposes. So if you install a camera on your own home to protect it from burglary, the Act will not apply".
So:
(1) there was no obligation for the owner of the CCTV system to display any notices ; and
(2) the owner of that system was within his/her rights to film what was going on next door.
Chris
As your post clearly recognises, CCTV used by businesses must conform to a code of conduct (in order to comply with the provisions of the Data Protection Act), including the display of appropriate notices. The Data Protection Registrar (as he was then known) originally held the view that the legislation also applied to domestic CCTV installations. However, following a legal test case, the Information Commissioner (as he is now known) has revised that opinion and the website of the Information Commissioner's Office now states (quote) "The Data Protection Act does not apply to individuals� private or household purposes. So if you install a camera on your own home to protect it from burglary, the Act will not apply".
So:
(1) there was no obligation for the owner of the CCTV system to display any notices ; and
(2) the owner of that system was within his/her rights to film what was going on next door.
Chris
Nothing much to add but, as a public official, I am aware that my behaviour is always under scrutiny. Years ago, because I later found out I was being tape recorded during a phone conversation which became a little heated, I approached all phone conversations as though I was being recorded at the other end. Certainly directs your mind to comments you may feel like making. Could a comment you made under your breath really be picked up on anything but a broadcasting quality microphone?
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