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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 3065
Experience:  Freelance Solicitor at Self Employed
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A neighbour of my brother has erected 2 cameras on and

Customer Question

A neighbour of my brother has erected 2 cameras on and nearby their flat which belongs to an housing association.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: One of which is at their doorstep but captures everything within a communial hall/passageway and the other on a communial periferal fence pointing directly out onto the public footpath and public road
JA: Where is the flat located?
Customer: I have just spoken to PC 2015 at Leamington spa police station and he surprising said it was fine to do this. I gave him all the facts very clearly
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Bishops itchington warwickshire
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
The 2 cameras in question are mount on and at an housing association block of communial flat in bishops Itchington. One is mount at the rented flat at the door but does capture into a communial passageway. The other is mounted on a communial periferal fence and is filming the public footpath and road, it is not pointing at any of their rented property??
Customer: replied 12 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 12 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Vineet S replied 12 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 12 days ago.
ok sir, I eagerly await your response, thank you.
Expert:  Vineet S replied 12 days ago.

Hi there,

It is perfectly legal for a resident to install CCTV to protect one’s own property against the threat of intruders and trespassers. Where images are contained within these boundaries, data protection laws do not apply.

However, where the system captures images of people outside the boundary of the property – for example in shared spaces, or neighbour's property then the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 into which GDPR is incorporated, will apply and the owner needs to ensure the system is used responsibly to protect the privacy of others.

Residents ( who are being captured on shared spaces by that camera ) have the right to make a Subject Access Request (SAR) – to see a copy of the images. This request can be made verbally, or in writing (writing is preferred so the date of request can be evidenced). The CCTV operators must, by law, respond within one month and give you a copy of the data.

They have the right to have footage deleted. Again, this request can be made verbally or in writing (writing is preferred so the date of request can be evidenced). The CCTV operator must respond within one month and must delete the footage UNLESS they believe there is a genuine reason to keep it, for example because of the prevention or detection of crime, or other legal dispute – in this case, they must tell you this, and they can complain to the Information Commissioner’s Office.

Compliant to to the Information Commissioner’s Office can be made online using the below weblink-

https://ico.org.uk/make-a-complaint/

Expert:  Vineet S replied 12 days ago.

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 12 days ago.
are you suggesting that it is legal and ok for them to have a camera specifically pointing directly onto a public footpath and the public highway and is in no way erected to include their rented communial grounds, just the former??
Expert:  Vineet S replied 12 days ago.

Yes, however, the people who are being monitored/recorded have remedy under the GDPR as mentioned above.

Thank you.