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Thanks for your question. This is a breach of data protection and privacy laws and you would be entitled to go to court for an order to have the camera removed and for compensation. There is a case from Scotland about this which you can Google. It’s called Wooley v Akram. You will see what the judge did in that case. He awarded compensation. For each day the camera was pointed at the other party’s house. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.
What your neighbour says is wrong. The law is discussed in the case I mentioned to you and you can take action on that basis. Data protection law is the same throughout the Uk.
I can’t answer that. Have you called them?
The data protection laws were brought in as a result of a European Directive. Whilst a judge in Scotland does not have power to bind a judge in Eire the decision can be used to persuade the judge as to the application of the law. In other words the judge can be encouraged to follow the decision of the foreign court and that is often done in cases where the underlying law is European in origin.
He could but I doubt that would happen given the terms of the law.
The same as I have advised above if the camera catches you going to and from your house.
I’m not sure why the police are giving legal advice on a civil matter. You have my opinion.
I can’t answer that. It’s not under civil or EU law. You would need to ask a criminal solicitor locally about that.
Hi thank you for your message, the use of CCTV even in a domestic setting likely means that the domestic purposes exception to the gathering of personal data under the data protection act does not apply because to use the words of the judgment, the exception “must be narrowly construed”. However, having said this there is a high evidential hurdle to jump. For instance, how do you prove your neighbour is undertaking this kind of surveillance activity without having the evidence (e.g. access to a copy of actual recorded images)?
This is why a disclosure of images to a third party (e.g. to the Police) or posting the material on the Internet are important practical components associated with this judgement, as such disclosure provides the evidence that the images were actually made. Without such evidence, it will be difficult to prove that any processing of personal data has taken place, a necessary precursor if one is to claim that there has been a breach of the Act.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Now as I have said, it is likely that following the judgement in Rynes, that the use of the CCTV does not fall under the domestic use exception within the data protection act and GDPR. Therefore, you could report this to the Data Commisioners Office and particularly in light of the disclosure of the footage to the DPP and the admission regarding the recording. My answer was saying it might be hard for you to show he recorded you but seeing as he has admitted then that is not an issue. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
I did not send a message about going to data protection or getting an injunction I am a different lawyer to the original lawyer who responded. He opted out so I am now responding to advise you. I have said that though you have the Rynes judgement in your favour it would be difficult to prove he was recording you. You then confirmed he had actually admitted and disclosed recordings of you and therefore, I said well if he has admitted it you can go to the data protection. Its all rather hypothetical if he replaces the camera, well has he? If he has not then you have a claim in fact, even if he replaced the old camera with a new one you would still have a claim because the breach occurred. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
1. They opted out so another lawyer could assist if possible, yes I did
2. My fee is between me and JustAnswer, you do not pay me a fee Just Answer does. That said, for me to get paid you have to rate me positively.
3. Yes someone can install CCTV and record people in public provided it doesn’t infringe on anyone else’s right to privacy. For example, it may breach the Human Rights Act if the CCTV camera is pointing directly into a neighbour’s bedroom. All CCTV systems recording in public must be registered with the Data Protection Commission.
Hi thank you for your message, just to make this clear I have already said you have a case. What I said at the beginning was it is difficult to prove he has recorded you without some disclosure from the neighbour but as he has done that it is irrelevant talking about a hypothetical that has not occurred he has admitted it and he has made a disclosure. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Yes you can object. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Glad I could help, take care.