In a message dated 20/05/2003 14:31:46 GMT Daylight Time,
[log in to unmask] writes:
> An individual uses CCTV to protect his property including a car parked on
> the road. A child damages the vehicle and is unknowingly caught in
> the 'act'.
> The Childs mother claims that the CCTV footage is 'unfair/unlawful' as it
> was unknowingly recorded by the victim.
> Can this be used as evidence in court? or is the victim now in breach of
> the DPA for 'processing' without adequate notification?
-------------
The chances are the images are collected lawfully as the exemption for
"personal and domestic" is wide enough to cover the use, regardless of the
potential breach of privacy (a right to which does exist in UK law, despite
some recent comments in the press). Whether the images would be accepted by
the court is doubtful, but not impossible. If the tape has a date and time
stamp, has been sealed and kept according to police (PACE) rules or the
magistrate uses the discretion given to them in cases such as these, the tape
MAY be admissible in court. It is more likely to be thrown out if the alleged
offender has a good lawyer. Most often in these cases, the accused is shown
the evidence and he/she admits the offence.
As an aside, if you have a CCTV system that you installed for protecting your
property you should ensure that it looks at your property only unless you
have the consent of neighbours whose property is also overseen. If you
capture images of the general public passing, there is a possibility you are
breaching their privacy and the s36 exemption may be lost. Systems installed
by a council, housing association or landlord to protect rented property
would not qualify for the s36 exemption.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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