[broken link removed]Hi
Just wanted to check something out from a legal(and moral) perspective. Our neighbour who is a cantankerous ol' lad who has caused nothing but trouble for our family (objected twice to our approved planning application to ABP and got it overturned on dubious grounds), harassing my wife's Mum in any way he can... its a long list ... has just installed CCTV cameras overlooking a fair portion of our garden and a neighbouring strip of land which is in our name.
My main concern here is invasion of privacy. My 4 kids (aged 8 down to 2) play in this area of the garden and I am uncomfortable with the potential that this system could record them while they play - especially with the summer coming.
I can't approach the neighbour directly as relations are frosty to say the least. I suppose my main questions are:
Is what he is doing legal?
Do I have any way to get him to remove the surveillance equipment?
Any comments are welcome.
Thanks
DeBarr
Domestic CCTV is outside the scope of data protection legislation.
Domestic use of CCTV systems.
The processing of personal data kept by an individual and concerned solely with the management of his/her personal, family or household affairs or kept by an individual for recreational purposes is exempt from the provisions of the Acts. This exemption would generally apply to the use of CCTVs in a domestic environment. However, the exemption may not apply if the occupant works from home. [ Where the exemption does apply, a person who objects to the use of a CCTV system β for example, a neighbour who objects to images of her/his property being recorded β may be able to take a civil legal action based on the Constitutional and Common Law right to privacy.]
4) This Act does not apply toβ
(a) personal data that in the opinion of the Minister or the Minister for Defence are, or at any time were, kept for the purpose of safeguarding the security of the State,
(b) personal data consisting of information that the person keeping the data is required by law to make available to the public, or
(c) personal data kept by an individual and concerned only with the management of his personal, family or household affairs or kept by an individual only for recreational purposes.
+1 he has no right to film the kids.He can only film within the curtilage of the dwelling I would say,How is a video of the neighbour's kids 'concerned only with the management of his personal, family or household affairs'?
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