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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A neighbour in our apartment building of 16 flats regularly

Customer Question

A neighbour in our apartment building of 16 flats regularly lets her dogs off the leash who then foul the grass areas in our common garden. My flat happens to be a garden flat at ground level. I had CCTV installed recently (warning signs posted) and captured her dogs on different occasions fouling the lawns and being on the loose.
I sent pictures of these to the Managing Agent wanting to put an end to this practice.
I have now received a letter from her solicitor saying that the my use of a security camera is in breach of the Data Protection Act and that taking photographs of dogs in the garden is not for the purpose of ensuring the security of the property. Pls note the dogs (4 Shar Peis) are aggressive and should not be allowed loose in the gardens. However, we feel intimidated and threatened by them. What is my legal position ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear, the cameras do not point into anyone's flat, juut to the common area?
Customer: replied 1 year ago.
The camera only covers the common gras area directly in front of our flat, the separate private front door of our flat and the gravel path leading towards it. It does NOT cover any other building or flat. The picture submitted showed her dog on the loose trailing its leash immediately in front of our flat on the grass area. Our requests to the owner not to let the dogs loose or to use the common ground as toilet area for the dogs have only resulted in an avalanche of abuse and accusation of harassment.
Expert:  Ash replied 1 year ago.
Assuming you are individual this is not illegal. In fact as an individual you can't be in breach of the Data Protection Act - if you were a business that would be different. The fact you are only filming the common areas and its not directly pointed into a flat etc means there is no offence. this is all just hot air
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex, what you have said confirmed our own thoughts. Thank you for your help.
Erik de Vries
Expert:  Ash replied 1 year ago.
Happy to help Erik
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/