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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a camera has been suggested in someone's home and that data

Resolved Question:

If a camera has been suggested in someone's home and that data has been removed and shared without the knowledge or consent of the home owner is this a breach and illegal?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hi Alex,

My step brother suggested a cctv camera to be placed in my Mam's home as she was misplacing money. My Mam has full capacity, but is 84. She didnt know that he'd removed the data and copied to a disc to share to use against me- her full carer. i do blieve they want Mam in a home to sell her home, but need clarity as to who the data belongs to. The camera is his and the SD card will be his, but Mam will be getting dressed on it etc? thank you.

Expert:  Ash replied 2 years ago.
Thank you, ***** ***** an invasion of privacy and you can seek a court order to deliver up all copies or claim compensation. It may be illegal but I don't think so if it is only being used for capacity, if it was for say voyerism it would be illegal.
You need to write and ask for all copies to be delivered up and confirm these are the only copies. If he does not then you can issue proceedings. You would need to complete form n1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The court will send the defendant a copy and set the matter down for hearing. If the court orders they be delivered up and he refuses then this is contempt of court and can be warned, fined or sent to prison. You can also require the defendant to give an undertaking to the court that there are no more copies. If there are this is also contempt.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.