Chris - that's where I was coming from. It's the same as someone taking
photos of children in a park and also children were being filmed on the
CCTV in this instance in their back garden .
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: 15 January 2008 12:42
To: [log in to unmask]
Subject: Re: CCTV
This is an issue that I have dealt with more times than I can remember.
My view point is as follows which incidentally is at odds with the view
of the ICO.
The neighbor relies on the domestic exemption. However that exemption
doesn't allow him to sell any images that he gathers of his neighbor,
for example sunbathing in her garden. It is reasonable to expect that he
would lose the exemption under those circumstances. If you accept that
argument then it follows that he can under certain circumstances lose
the domestic exemption. Therefore the question I pose is what does the
domestic exemption cover. His own security most certainly. But does he
need to video his neighbor's property to maintain that security. If the
properties are adjacent then he is likely to capture his neighbor's
front door. If he lives opposite is it necessary for him to capture
images of his neighbor in his/her bedroom. There is a German case which
name escapes me at the moment which dealt with this issue. The court
made the neighbor alter the angle of the lens as it was unnecessarily
capturing images of his neighbor. The words Proportionality and
reasonableness spring to mind.
If the neighbor feels harassed then he has the Harassment Act of 1977 to
fall back on. If he is successful with that then we have processing of
personal data unlawfully (1st Principle). I do not feel that it was the
intention of the legislators to provide a domestic exemption in order
that an individual can break the law
Chris Brogan
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852 Registered in England &
Wales No. 1322074 Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com -----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carolyn Howard
Sent: 15 January 2008 11:31
To: [log in to unmask]
Subject: Re: CCTV
RIPA, and presumably RIPSA, refer to surveillance by relevant
authorities - individual citizens are not covered.
I'm not sure that an individual capturing personal data of neighbours
is covered by the domestic purposes exemption. The case of Lindquist
(sp?) in Sweden held that a member of a church group could not post
personal details of other church members on a website, and presumably
such activity was not covered by a domestic purposes exemption.
The neighbour being spied upon could take the case to the ICO, if the
ICO declined to act the neighbour may have a case for harassment and any
court decision would have to concern itself with the breach of the
Article 8 right to a private life.
If the neighbour with the CCTV is a council tenant he/she may be in
breach of conditions of tenancy; otherwise I cannot see how it would be
a matter for the local authority to become involved in.
Carolyn Howard
Solicitor
Leicester City Council
email: [log in to unmask]
ext: 29 6498
tel: 0116 252 6498
(Office hours: Mon a.m./Tue/Thu)
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