 | Home > Off Topic > Data Protection Act 1998 advice |
 
|
|
|
| Go Beyond Member Since: 30 Jan 2012 Location: Headcorn, Kent Posts: 6678  
|
We sell CCTV signs and as I understand it, for the benefit of the public, those signs need to include details of the operator (name / company name and contact details), hope that helps ?
|
||
21st Aug 2013 4:02pm |
|
| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20440
|
Thanks Matt I was under the same understanding also. (these have not been used nor landlords permission sought or approved) This CCTV cammera has been erected outside their front door to capture out business customers coming and going to try and prove a so called parking issue against us. I believe it to be an in-proper use as it is not being used on their private land but a public road and our driveway.
Also it';s not used for security purposes as intended put for personal video capture of ourselves / business customers. $W33T $0U7H3RN $UG4R 🇬🇧🏴🏴🏴🇮🇪🇺🇸⛽️🛢️⚙️🧰💪 |
||
|
21st Aug 2013 4:07pm |
|
| stanley Member Since: 18 Sep 2009 Location: Dorset /hampshire Posts: 1032 
|
|||
|
21st Aug 2013 4:28pm |
|
| pjb Member Since: 08 Apr 2009 Location: Sunny Oxford Posts: 1244 |
Q: Can I, or my neighbour, use CCTV?
If the cameras are installed on residential property and are for personal domestic use, they are unlikely to breach the Data Protection Act. This is because the use of CCTV cameras for domestic purposes, for example, protecting a home from burglary, is exempt from the data protection principles, even if the camera overlooks the street or other areas near the house. If you are concerned about the use of domestic CCTV, it may be worth contacting your local police. However, if you or your neighbour are using CCTV for business purposes, you'll need to comply with the Act. Read about a business' obligations with CCTV. I think they may be exempt by above if private house - sorry 2020 P300 HSE |
||
|
21st Aug 2013 4:45pm |
|
| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20440
|
It is in no way used for security purposes which is pretty much further proved by it's positioning. (I cannot really explain in more details for privacy sake i.e. a photo)
This is combined with a proved case of harassment of which the occupants have been served a Police warning over. They have been notified though however. $W33T $0U7H3RN $UG4R 🇬🇧🏴🏴🏴🇮🇪🇺🇸⛽️🛢️⚙️🧰💪 |
||
|
21st Aug 2013 4:58pm |
|
| a13x Member Since: 25 Sep 2011 Location: Burton on Trent Posts: 553
|
To be honest they are perfectly within their right to have CCTV and if they have a legitimate complaint with regards to your business behaviour and problems they believe you are creating, then they will in all likely have been advised to gather evidence, CCTV being the best option.
I think as long as not directly pointed into another property then they are not breaking any laws. Sounds more like a neighbourly dispute and if you are running a business out of your home, can easily lead to this. |
||
|
21st Aug 2013 5:15pm |
|
| blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17441 
|
If you are on your own or public property you can legally film or photograph almost anything (strictly even the OSA cannot prevent this subject to certain conditions, although recent "anti-terrorist" legislation is sometimes (mis)used to make life difficult).
If however such filming is grossly intrusive (or you're a celebrity or MP) you can seek a court order or injunction to stop it, but not because you simply don't like it. The DPA won't help you in this case. In fact, if you were to be running a business from home and using a computer in the execution of this (and I am not saying you are doing either) you are more likely to fall foul of the DPA than they are. I can totally understand your frustration though! |
||
|
21st Aug 2013 5:42pm |
|
| AndyS Member Since: 18 Aug 2012 Location: London Posts: 595 
|
The key principle of the Data Protection Act is that data collected can only be used for the purpose for which it was collected. If you give Payrole your home address, for example, so they can mail you a pay slip, they can't then give out your address so staff can send you a get well card when you're off sick.
It doesn't sound like you have a Data Protection Act issue, sounds more like privacy. |
||
|
21st Aug 2013 5:42pm |
|
| custom90 Member Since: 21 Jan 2010 Location: South West, England. Posts: 20440
|
Our home is directly opposite this camera which is covering one end of the house the road and our driveway.
Both mine and their property is rented of which I have mentioned to the land lord of which he has informed me (and I know) that they did not have permission to even fix it to the house. This is now being looked into alone. So they are not homeowners but tenants as am I also. My main point behind mentioning of the DPA is that they will be capturing public movement and traffic and no doubt recorded also. Without any signs nor permission to do so on a property not owned by themselves. The whole issue is over a so called parking issue which is a subject made out of nothing intimating that they cannot get access to their driveway, of which there always is all the time. I'm not looking for people to side with me but looking for info on the subject. I myself though about it for ourselves for business use earlier in the year but did not proceed due to cost and the laws and implications involved. Especially Planning. All me and my family want to be is simply left alone and that's simple as that I do not cause them an issue but they are insistent on causing me one though hate. This being an uncle of nearly 60 years of age that also earlier this year tried to force entry into our home & made verbal threats. Blackwolf - Without giving explicit detail the area you parked to pick up the cubby is the area they are trying to claim as their "space" despite being a public road for all to use. Their property is the one opposite. I could go on and on on the subject but everyone has the right to use a public road and access their driveway but this includes myself too which I cannot do. They have a driveway and 3 cars and enough room to fit all 3 in there yet they are too lazy to do so and park on the road instead then complain.  $W33T $0U7H3RN $UG4R
🇬🇧🏴🏴🏴🇮🇪🇺🇸⛽️🛢️⚙️🧰💪 |
||
|
21st Aug 2013 6:01pm |
|
| a13x Member Since: 25 Sep 2011 Location: Burton on Trent Posts: 553
|
They can put CCTV up if they wish and can record the public area, they do not need a sign or anything similar.
If you were opposite my house running a business that involved customers coming and going throughout the day I too would not be pleased and if having spoken with you to try and resolve with no outcome, I would also be doing all I could to ensure something is done. |
||
|
21st Aug 2013 6:33pm |
|
| WarPig Member Since: 04 Dec 2009 Location: Sheffield Posts: 1748  
|
I reckon if all the camera is seeing is what a person would see with their eyes if stood there, then they aren't doing any harm. I don't even think they need to display any signs. But if their video capture was to be used in a criminal court then a lack of signage may become an issue. A civil court may be different.
You could put a camera on your own house which captures your neighbours house opposite without doing anything wrong. It's only the same as standing in an upstairs window and looking out. If the camera was on the rear of the house and captured your neighbours back garden then this could be different. Other laws such as Harrassment Act can come into play, but then it gets complicated. |
||
|
21st Aug 2013 6:52pm |
|
| blackwolf Member Since: 03 Nov 2009 Location: South West England Posts: 17441
|
Steve, you have my complete sympathy, and I can mentally picture the situation. Unfortunately I really don't think there's much you can do about the camera (put one of your own up, perhaps, so that you have counter-evidence). Neither you nor they "own" the road of course, and anyone can park anywhere along it provided that they're not obstructing traffic flow along it. If your visitors parked directly across their entrance but not on their property, there's nothing in law they can do about it.
To be honest, probably the best thing you can do is ignore it, continue to act politely and reasonably, and take the moral high ground. If you are running a business from home when you're not meant to be, you are unfortunately at a disadvantage and I suggest you keep it very low key, so that no reasonable person could object. Try imagining yourself in their position, would what you're doing then annoy you? I know this isn't what you want to hear, but neighbour disputes are really difficult and seldom are there any winners. You inevitably have to compromise even if morally you shouldn't have to. If your neighbour's behaviour really does amount to harassment, then you should report them to the police. |
||
|
21st Aug 2013 6:54pm |
|
| jimbob7 Member Since: 06 Jul 2013 Location: uk Posts: 2055 |
Not pickin sides,if your neighbours have complained about your customers parking outside cctv is the least of your worries, questions to follow are likely to be; do you have the landlords/mortgage providers permission,have you asked for council approval to run a business from home,have you informed HMRC,do you have the relevant insurance, etc. to be running a business from home.
Not tryin to pick a fight,it's just in case you don't want it going that far  . |
||
|
21st Aug 2013 6:56pm |
|
| Glynparry25 Member Since: 16 Feb 2009 Location: Miserable Midlands Posts: 3015  
|
What sort of customers do you have? Does your house look like the bar in 'From Dusk Till Dawn'? with shady people around.
Sounds like a whole load of hassle....... and people wonder why I prefer to live in the countryside. I would probably say the same as Blackwolf- don't let it get you angry and consume your life (it will make you and your family miserable)- just smile and be polite- that will frustrate/ enrage them more than anything else could- and stay on the right side of the law- then they will never have anything to press charges with. Glyn   |
||
|
21st Aug 2013 7:03pm |
|
|
|
| All times are GMT |
< Previous Topic | Next Topic > |
Posting Rules
|
Site Copyright © 2006-2024 Futuranet Ltd & Martin Lewis
