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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