Dear Alan
I think the main point is that the CCTV usage described does not satisfy the
requirements to qualify as a domestic system, as the field of view is not
restricted to the individual's own property.
The worse scenario is where a system of this type does not record images.
The DPA does not cover this usage at all.
Obviously the individual is not a Local Authority, but when looking for an
intepretation of the law it is legitimate to look at good practice in other
areas.
I would hope that a Local Authority would have a common sense reason for not
allowing its CCTV cameras to intrude into private homes and gardens, and not
programme them to 'dip whilst panning' simply to comply with the HRA.
I recall in the case that I dealt with several years ago that the ICO felt
that the most effective way of dealing with situations such as this was to
use the Protection from Harassment Act 1997, as the police were required to
investigate complaints and have the powers to take action where necessary.
We have seen a similar approach from the ICO in other areas last year when
the ICO found that there were more effective legal remedies than were
available under DPA or FoI.
Hope this is of use.
Peter Mead
Information Rights Specialist
80 Cadmore Lane
Cheshunt
WALTHAM CROSS
Herts EN8 9JX
Tel 01992 635276
Mobile: 07974 425077
Email: [log in to unmask]
----- Original Message -----
From: "Alan Stead" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, September 10, 2007 8:32 AM
Subject: Re: [data-protection] CCTV For Domestic purposes
As the use of CCTV is for Domestic use then it could be argued that
the user is not a data controller neither is he a public authority.
However a court injunuction would stop him or maybe a treat that he
will be reported under the Children and Adoption Act for suspected
child abuse.
Regards
Alan
Alan Stead
IMTS
Ravenshead
Nottingtham
01623 400497
Quoting Chris Brogan <[log in to unmask]>:
> 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/>
>
>
>
>
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