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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5921
Experience:  Dual qualified Solicitor and Attorney
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My next door neighbour installed a cctv camera just below

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My next door neighbour installed a cctv camera just below the eves of their two story house about 2 feet from our boundary line snd approximately 3 feet away from our main bedroom. The position of their camera does not take in any of their private residence j.e. front garden. It takes in part of my front garden and the neighbours home accross the road. Their camera records both video and audio, night vision, motion sensor of up to 8 metres which means once anybody enters their detection zones of 8m we are recorded and as their camera can record audio we cannot have a private conversation in our own home as we are adjoined to their home. What are my rights?

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.

Customer: replied 7 months ago.
I've already reported this to the Data Protection Commission since November 2018 who are investigating. I requested from my next door neighbours as a data controller my personal data as per their retention policy, which he says data not retained. Even do I requested my data within his 60hrs retention policy. I've reported it to An Garda Siochana who dont want to get involved. My next dooe neighbours says he is entilted to have his cctv camera as he is protecting his private property i.e. motor vehicles park on the public road.

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.

Customer: replied 7 months ago.
Im in the republic of Ireland. Then why will An Garda Siochana and Irish Data Protection Commissioners slow to act?

I can’t answer that. Have you called them?

Customer: replied 7 months ago.
The case you referred to, is that applicable to irish law. Could/would a judge buy into my next door neighbour reasons fir having his cctv precording public spaces that he us protecting his property i.e. motor vehicles?

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.

Customer: replied 7 months ago.
a judge in ireland could side with my neighbours?

He could but I doubt that would happen given the terms of the law.

Customer: replied 7 months ago.
Today, my neighbours have put up another cctv camera on the inside of their home top window over looking public area in addition to their external cctv camera. What can I do about this.

The same as I have advised above if the camera catches you going to and from your house.

Customer: replied 7 months ago.
Can this be classed as harrassment? By An Garda Siochanna?
Customer: replied 7 months ago.
I contacted An Garda Siochana about my next door neighbours Cctv camera and they told me, my next door neighbours are entitled to video recording us in a publuc place without any action being taken against them. Is this correct?

I’m not sure why the police are giving legal advice on a civil matter. You have my opinion.

Customer: replied 7 months ago.
Can they, An Garda Siochana bring a harressment charge against my next door neighbours? Under criminal law?

I can’t answer that. It’s not under civil or EU law. You would need to ask a criminal solicitor locally about that.

Customer: replied 7 months ago.
It appears to me if I were to bring a civil case against my neighbours and they do the same. A judge wont favour either side and Im left with a legal, even do I do not have any cctv cameras
Customer: replied 7 months ago.
Are you aware of the European Court of justice case in rynes 2014. Can I use that as a reason why my next door neighbour system should be removed.

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.

Customer: replied 7 months ago.
Im lost by your answer. Are you now saying that my neighbour can record me? FYI my neighbour wrote to the Data Commissioners Office in May 2019 saying that he did not use the audio recording facility. However, in June 2019 he handed over cctv footage (showing me leaving & returning to my property in a lawful manner) to the Garda and alledged that I have caused criminal damage. Iish DPP decided not prosecution. He also wrote to my solicitor informing us that he has been recording me. Also he also handed over video and audio cctv of me to the Garda when he verbally abused me. Is your answer saying it my neighbour has the higher evidential hurdler to jump?

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.

Customer: replied 7 months ago.
Your orginal answer was to report to Data Protection and go to court to get an order for the camera to be removed. Then you said under the rynes judgement I had a difficulty to prove he was recording me. And now you are saying only for him admitting to my solicitor that I may have a case. If my neighbour replaces hid orginal camera with a camers with the same capabilites i.e video & audio recording he could plead that he his not doing this now, then I would have no case going forward.? So are you allowed to record people in public areas without their permission?

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.

Customer: replied 7 months ago.
Sorry,
1. please tell me why the orginal solicitor opted out? Did you read all the correspondance before you replied to me?
2. Whats your fee? As I have not agreed any fee with yourself.
3. can a person who installed cctv and record people in public area up to 8m from their residence without any sanction?

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.

Customer: replied 7 months ago.
I next door neighbours cctv system which is both video and audio is placed about 2 feet from our main bedroom. Cctv takes in some of my from garden and pointing towards other neighbours private residences and cctv can zoom into their bedroom. So are you saying without his admission, I would have no case.

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.

Customer: replied 7 months ago.
Thank you very much. One final question, if my neighbour replaces his camera with another audio and video facility and put it beside our main bedroom can I object as we canot have a private conversation in our home and what about our right to privacy.

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.

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5921
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Will do. Once again thank you very much and I rate you 5 stars

Glad I could help, take care.