CCTV, You and The Law

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CCTV, You and The Law

Welcome to the NFHiB, CCTV Overview. Here we hope to arm you with some basic facts and knowledge about CCTV use, particularly in a domestic setting. So whether you use CCTV, or are looking into the possibility, or your Neighbour From Hell is training a CCTV on your property, read on.

Neighbours From Hell in Britain very much appreciate, thank and acknowledge the expert, kindly offered help from Dave Partridge at The Security Installer and Chris Brogan of Security International Ltd in the creation of this help article.

CCTV - What is it and why use it? Close Circuit Television (or abbreviated to CCTV) systems are tiny cameras of a very specialised nature, they are very flexible in their use and application, being able to move totally in 360 degree circles and larger 180 degree movements. CCTV systems are small enough and movable enough to fit into any cramped or different location.

If you've got a Neighbour From Hell problem, chances are you may be looking to provide evidence by use of recording from a CCTV system at home. You could already be involved with this and using either your home video recorder to capture the CCTV images or even direct to your PC.

This can provide invaluable evidence and needed proof to capture your neighbour literally in the act.

CCTV & The Law:

If you're a CCTV user that has installed a system in your business premises then the Data Protection Act 1998, CCTV Code Of Practice will apply to you and this must be upheld and followed. However, the Code of Practice does state:

"Security equipment installed in home by individuals for home security purposes."

- Part 4 of the Data Protection Act 1998 covers Domestic Use:

Domestic purposes: (36) "Personal data processed by an individual only for the purposes of that individual's personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III".

So you or your neighbour using domestic CCTV may not be directly affected by the CCTV Code Of Practice, but read on for more information in Part II.

Human Rights?

It is possible that CCTV usage could well be viewed as a possible infringement/invasion of your Human Rights under the Human Rights Act 1998.

So what do you do if your Neighbour is pointing their CCTV at you?

The Human Rights Act of 1998 could assist you and we would advise you to fully investigate this with a solicitor who has expert specialist knowledge in this area.

e.g: "Article 8: The Right to Respect for Private and Family Life, Home and Correspondence" could well infringe on your privacy by your neighbour

We have an overview of the Human Rights Act currently available.

The HRA is superior to all other legislation and should always take first preference. We advise you to seek specialised knowledge from a Solicitor who is an expert within Human Rights Issues and Legislation, it is an extremely complex area of legislation.