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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I live in a block of flats and I have just discovered that

Resolved Question:

I live in a block of flats and I have just discovered that one of the cameras of the recently installed CCTV system has a direct view into my flat and that a director of the management company has on at least one occasion used this to observe and make a complaint about one of my guests, who was smoking on our balcony at the time. What legislation does the is fall under and how should I proceed to have this activity stopped?
Submitted: 1 year ago.
Category: Law
Expert:  tdlawyer replied 1 year ago.
Hi thanks for your question. My name is ***** ***** I can answer this for you.
This falls under the Data Protection Act 1998.
You should be able to complain to the Information Commissioner that this use of "personal data" (which are the CCTV images you refer to) is unnecessary and/or disproportionate and that you have not provided consent for the camera to be focussed on you in this way. They can prevent them using the cameras in this way.
There is a useful information sheet about this here from the Information Commissioner's' office: https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf
Hope this helps and answers your question.
Regards
Tony
Customer: replied 1 year ago.
I was expecting a more detailed response. I could have got this from the Citizens Advice Bureau. Indeed I already had the document you referred me to from a Google search.
Alan Catling
Customer: replied 1 year ago.

Does the Data Protection Act apply in this case, i.e. to a blocks of flats? I understand that it does not apply to private properties, only to businesses and organisations. Does my flats Management Company qualify as an organisation in this regard? If not would some other regulation, Human Rights Act, our tenancy agreement (the right to quiet enjoyment clause) be more appropriate?

Expert:  tdlawyer replied 1 year ago.
Yes, the Data Protection Act 1998 does in these circumstances.
If you have a look at the link I sent you, it should give further information on this. There have been cases about this too - basically, it would be covered by the Act.
Regards
Tony
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