Well, in that case, I'll drop the idealist view and agree with the
list. S.36 shouldn't apply and he should be viewed as a data controller
for DPA purposes and served with a s.10 notice
-----Original Message-----
From: Chris Brogan [mailto:[log in to unmask]]
Sent: 07 September 2007 14:41
To: Priestley Sarah;
Subject: RE: CCTV For Domestic purposes
Yes it does.
I agree with you but this guy doesn't under no circumstances listen to a
reasoned argument.
The issue just boils down to whether the DPA provides any protection to
the neighbour being spied on.
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 Priestley Sarah
Sent: 07 September 2007 14:31
To: [log in to unmask]
Subject: Re: CCTV For Domestic purposes
Does the Protection from Harassment Act require mens rea for an offence?
Has the neighbour asked the CCTV user to alter the positioning of the
camera?
Sometimes I think that the world gets a bit caught up in looking for
legal ways to stop something that we've forgotten that in some
instances, it may only take 5 minutes to let someone know they're doing
something that offends and the action stops! In a lot of cases, the
individual might not be aware that he's causing any offence!
Just my Friday "all people are inherently good" moment!
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 07 September 2007 14:07
To: [log in to unmask]
Subject: Re: [data-protection] CCTV For Domestic purposes
I don't think we actually have a right to privacy, except to the extent
the HRA obliges public authorities to have respect for it. The CCTV user
must be immune from the Human Rights Act.
Like the Lindquist case, is it possible that because the CCTV is no
longer entirely domestic, the user is loses the ability to rely on
Section 36 and becomes a data controller? If the CCTV owner can rely on
domestic purposes he or she is exempt from parts II and III of the Act.
I don't see how the affronted neighbours would get anywhere on a Section
10 notice, which is in Part II of the Act, and thus thwarted by the
domestic purposes exemption. The exemption only covers "personal, family
or household affairs", and so I think there's something to be said for
setting domestic purposes aside.
Separate question - have the neighbours contemplated going to the police
and making a complaint under the Protection from Harassment Act (or at
least, threatening to do so)? That might avert the camera's beady eye.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Carter, Antoinette
(MCS)
Sent: Fri 07 September 2007 13:06
To: [log in to unmask]
Subject: Re: [data-protection] CCTV For Domestic purposes
But an intrusion of your privacy by your neighbour is still an invasion
of privacy, and actionable in law. The neighbour could issue a Section
10 notice (right to prevent processing likely to cause damage or
distress) to request the cessation of processing of their data in this
way and they continued to do so after 21 days, you could take them to
court to prevent it.
Antoinette Carter
Consultant
Information Governance
Marketing and Customer Services (MCS)
Tel: ++44 (0)207 389 4970
Fax: ++44 (0)207 389 4754
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 07 September 2007 12:50
To: [log in to unmask]
Subject: Re: [data-protection] CCTV For Domestic purposes
Not in the slightest.
(The neighbour is not a public authority.)
Nigel
--
Nigel Roberts FBCS
+44 1481 822800
Ward, Ciaran wrote:
> Surely, the positioning of these cameras would be a fundamental breach
> of art. 8 of the ECHR on the right to privacy and family life.
>
>
>
> ________________________________
>
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Chris Brogan
> Sent: 07 September 2007 11:54
> To: [log in to unmask]
> Subject: [data-protection] CCTV For Domestic purposes
>
>
>
> Fellow thinkers,
>
> I would value your opinion on the following.
>
>
>
> An individual has a cctv system in his house with cameras positioned
> on his house. These cameras are capturing images that are being
recorded.
>
>
>
> The images are not just the perimeter of his property but capture
> images of his neighbour across the road. Some of the images captured
> clearly show. His neighbours childrens bedroom, the neighbour's wife
> sitting in her laundry room and various other aspects of his
> neighbours property. I gather this is a similar situation that many
> local authorities are faced with.
>
>
>
> The owner of the cctv system is relying upon exemption 36 domestic
> purposes.
>
>
>
> In germany a couple of years ago ...and I cant lay my hands on the
> exact reference at the moment..a similar situation arose. The court
> decided that the individual lost their domestic exemption once the
> videoing intruded on the neighbours privacy. The angle of the cameras
> had to be adjusted so that the neighbours property was not captured.
>
>
>
> My submission is that the domestic exemption is lost once the
> processing "becomes unwarranted in any particular case by reason of
> prejudice to the rights and freedoms of others". .
>
>
>
> I am not aware of any case law here in the UK that deals with this
> issue.
>
>
>
> What do you think?
>
>
>
> 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 <http://www.securitysi.com/>
>
>
>
>
> ______________________________________________________________________
> This email has been scanned by the MessageLabs Email Security System.
> For more information please visit http://www.messagelabs.com/email
> ______________________________________________________________________
>
> ________________________________
>
> All archives of messages are stored permanently and are available to
> the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
>
> Selected commands (the command has been filled in below in the body of
> the email if you are receiving emails in HTML format):
>
> * Leaving this list: send leave data-protection to
> [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE
> data-protection>
> * Suspending emails from all JISCMail lists: send SET * NOMAIL to
> [log in to unmask] <mailto:[log in to unmask]&BODY=SET *
> NOMAIL>
> * To receive emails from this list in text format: send SET
> data-protection NOHTML to [log in to unmask]
> <mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
> * To receive emails from this list in HTML format: send SET
> data-protection HTML to [log in to unmask]
> <mailto:[log in to unmask]&BODY=SET data-protection HTML>
>
> All user commands can be found at
> http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body
> of an otherwise blank email to [log in to unmask]
>
> Any queries about sending or receiving messages please send to the
> list owner [log in to unmask]
>
> (Please send all commands to [log in to unmask] not the list or
> the moderators, and all requests for technical help to
> [log in to unmask], the general office helpline)
>
> ________________________________
>
>
> Lee Valley Regional Park Authority E-mail Disclaimer.... This email
and any files transmitted with it are confidential and intended solely
for the use of the individual or entity to whom they are addressed. If
you are not the intended recipient, the use of the information by
disclosure, copying or distribution is prohibited and may be unlawful.
If you have received this email in error please notify the systems
manager at [log in to unmask] The email should then be
deleted.
> The views expressed in this message are personal and not necessarily
those of Lee Valley Regional Park Authority unless explicitly stated.
> ______________________________________________________________________
> This email has been scanned by the MessageLabs Email Security System.
> For more information please visit http://www.messagelabs.com/email
> ______________________________________________________________________
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask] All user
> commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the
list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing
your needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
--
Nigel Roberts, Director
Island Networks, 4&5 St Anne's Walk, Alderney (GG) Tel. +44 1481 822800
GSM: +423 663 178200 (Ask me about free incoming calls to your mobile in
86 countries.)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message is for the use of the intended recipient(s) only.
If you have received this message in error, please notify the sender and
delete it.The British Council accepts no liability for loss or damage
caused by software viruses and you are advised to carry out a virus
check on any attachments contained in this message. Our purpose is to
build mutually beneficial relationships between people in the UK and
other countries and to increase appreciation of the UK's creative ideas
and achievements. The British Council is registered in England as a
charity.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>Corporate Disclaimer<<
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
Proofpoint for the presence of computer viruses using F-Secure
anti-virus software.
www.proofpoint.com
www.f-secure.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The information in this email is confidential and may be legally
privileged. It is intended solely for the addressee. If you receive this
email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
represent the opinion of Cambridgeshire County Council. All sent and
received email from Cambridgeshire County Council is automatically
scanned for the presence of computer viruses and security issues
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. If you receive this email by mistake please notify the sender and delete it immediately. Opinions expressed are those of the individual and do not necessarily represent the opinion of Cambridgeshire County Council. All sent and received email from Cambridgeshire County Council is automatically scanned for the presence of computer viruses and security issues
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
