Quote: Originally posted by Trek 39 on 11/8/2019
romany
The law on data protection change in 2017 or 16.
It was one of the things I looked in to when I had my CCTV installed.
All I know is I had the local police around a couple of months ago as there had been an incident in our road and asked if my cctv camera was real when I told them it was as i have it for security for camper they asked if it might have covered the day of the offence and if they could look at the footage unfortunately it didn't show anything, but was advised I was breaking the law as it did cover an area outside my property. Camera now adjusted
The policeman was wrong!
Quote:
What is the law if my CCTV captures images of people outside my own home and garden?
If your CCTV captures images beyond your property boundary, such as your neighbours’ property or public streets and footpaths, then your use of the system is subject to the data protection laws.
This does not mean you are breaking the law. But it does mean that, as the CCTV user, you are a data controller. So you will need to comply with your legal obligations under the data protection laws.
You can still capture images, but you need to show you are doing it in ways that comply with the data protection laws and uphold the rights of the people whose images you are capturing.
saxo1
I agree with saxo1
My CCTV covers part of the track and a nieghbours front.
I have the privacy mask set up so the nieghbours front is hidden and not recorded.
On an occasion the police needed to view my recording the commented in how clear it was and nothing about it covering the track.
I will try and find the e mail I had with the data commissioner on this and post on here
You will both forgive me if I listen to the police believe you me I know they get things wrong but in this case it was easy to keep within the law as they stated
Quote: Originally posted by Trek 39 on 11/8/2019
Romany
I wasn't having a go or anything.
I am very sorry if I have come across giving that impression.
You didn't but thanks for clarifying
just another point I came across whilst checking for info it seems to me as usual two laws contradict each other and wondered if this was what the police officer was thinking of and thats the invasion of privacy law
and now I find different countries ban dash cams completely others alow for personal use only (not for insurance claims) only police allowed to see it.
seems its all becoming a minefield
The policeman who checked our cameras after a local incident said they couldn't use the videos as evidence but took a photo with his phone of the screen to help them catch the culprits.
Quote: Originally posted by saxo1 on 11/8/2019
The policeman was wrong!
Quote:
What is the law if my CCTV captures images of people outside my own home and garden?
If your CCTV captures images beyond your property boundary, such as your neighbours’ property or public streets and footpaths, then your use of the system is subject to the data protection laws.
This does not mean you are breaking the law. But it does mean that, as the CCTV user, you are a data controller. So you will need to comply with your legal obligations under the data protection laws.
You can still capture images, but you need to show you are doing it in ways that comply with the data protection laws and uphold the rights of the people whose images you are capturing.
saxo1
Can you clarify? IMHO I thought there was no issue as long as it was for your own use and not made public. What about CCTV in the towns.
Personally I think that if your CCTV picks up a crime the footage should be used to convict the criminals. I have no objection to CCTV as I comply with the law.
CCTV used just to cover your own property has no restrictions whatsoever,if it covers property outside your boundary it is still legal but there are guidelines governing the use of the images collected, as posted previously i.e.any individual has the right under the data protection act to view the footage and signs should be poste to inform the public cctv is used.
There is no specific privacy law in the UK,it is covered by the EU 1998 Human rights Act which has been adopted into UK law and is primarily to protect individuals from the authorities misusing their details etc.
If it were illegal to record in a public place dashcams,camcorders etc would be illegal,it's the use of that material which is governed by the DPA.
saxo1
that seems contradictory again Saxo you state there is no privacy law in the uk then go on to say the uk adopted the EU 1998 human rights act so is there for a uk privacy law to all intents and purpose. also there have been reports of insurance companies loosing cases brought against driver because dash cam evidence they were relying on was deemed inadmissible due to showing peoples faces. I personally hope this would not apply if the police were using it to prosecute someone who had caused someones death by dangerous driving. but it is obvious with smart lawers there is plenty of grey areas to give wriggle room
What is the law on privacy?
In the UK there is no separate privacy law as such. Instead, the European Convention of Human Rights, which has been implemented in the UK, contains an article affording UK citizens a 'right to respect for private and family life', sometimes known as the 'Article 8 right'.
This act is primarily to protect members of the public from government agencies interfering with an individuals rights,it could only be applicable if the images captured on CCTV etc were released into the public domain,it doesn't affect the recording of an image only the use that it is put to.