Data Protection Act 1998 - claim for CCTV intrusion - ICO Non compliance !

[Apollo14LMP]

Good evening,

I wish to pursue a claim against former landlord who allowed another their tenant to record me my family home and car with the Data Controllers CCTV. I want to claim for distress and damages for myself, wife and children. I reported my landlord who did not do enough to stop their CCTV system from recording us day and night for months. Their tenant accessed the CCTV took the SD card and put the content on a laptop and phone- She stated the CCTV was her property !. At first we did not know the CCTV system actually belonged to the landlord a large social housing company. There was no signage - I have taken the time and trouble to document all of this. I reported the landlord to the ICO and got a notice of non compliance against our former landlord. They had denied that there were any pictures of us on the CCTV system. I got the images photos and video snaps of us from the police - there were a total of 5500 images handed to me. They were the ones that I could have as the footage included photographs of people in the street which I could not have.

Due to having to move house etc due to our old neighbour and getting the evidence I cannot get an action against them for Human Rights (out of time - one year). I have a ICO non compliance notice which states that the data controller did not sufficient signage for the CCTV installation (no signs), were processing our data in a manner which they should not have been - without an explanation.

So I want to go to court Im not expecting to claim millions but I wanted to do it myself. Ideally I would like to submit the appropriate letter before action and resolve it pre court. Any advice would be most helpful. Thank you

[Apollo14LMP]

Hi,

Hope all are staying safe and well at this time.

Some basic advice on Letter before claim .... i am reffering to the neighbour involved in my case ....
In the letter im submitting should you refer to the person by initials or by full name ?? Thinking here of confidentiality .. any advice anyone ...

[R0b]

Hello

Afraid I'm not following your story, who owned the CCTV was that the landlord or the tenant? If it was the tenant then that's who you should be going after for breach of data protection. I don't understand how the landlord is liable as a data controller for the tenant's actions, and how the ICO has found that the landlord is not compliant - something doesn't add up here, can you explain that to us?

[Apollo14LMP]

Hi The landlord was responsible for the CCTV (data controller) also my landlord installed the CCTV for a third party (Neighbour said she was having issues with domestic violence - in her mind anyway). So landlord agreed to allow installation of CCTV. Landlord is the data controller and also managed the property. I have two proposed defendants - the landlord / cctv provider the third party.

But I have an ICO non compliance ruling against the landlord (social landlord). I have done the hard bit perhaps getting a order of non compliance against them. That was for no signage and processing my and family data in a manner in which we could not have expected it be processed. So armed with that an all my evidence I am proceeding.

I have admissions in that the l /lord staff admitted "she should not have turned the CCTV against our home". They also admitted misleading us regarding the CCTV footage they said didn't exist ICO caught them out. The police had it - 5001 images of us stills & video. They contain distressing shots and things you would not expect - essentially the neighbour took control of the CCTV - then took images off the SD card. So Im just building a case Im okay with most of It just an issue whether it is appropriate to name the neighbour in full by name and address - the address is obviously relevant !

The tenant abused the facility given by landlord and a charity why film us - she had the CCTV as she felt threatened - a joke. BTW this person who was a neighbour had substance misuse / family / and admission to low secure mental health units caused mayhem.

[Apollo14LMP]

I have basically completed the Letter of Claim I have referred to our old neighbour as “CD” for confidentiality (Her identity is known to all parties) is this acceptable in a Letter of Claim or do you have the right to name people. The rest of it seems ok … I have also included the various aspects relating to Data Claims due to the amended CPR Pre action protocol rules.

[Apollo14LMP]

Good morning to all,

I hope this post finds you well in these difficult times.

I have brought this case to the Small Claims Court. 2 defendants - one has sent a defence which was dismissed for exceeding the 50 page limit set by the court. The defendant is apparently defending themselves.

Meanwhile - I have submitted and just obtained a default judgment against them....

The court have said I might expect a set aside application ... couple of questions if anyone can help ?

Can anyone tell me if I would need to attend the hearing if they do this ? - I will argue that these people have no chance of defending the case. People here would probably have done a better job ! - they might now employ a solicitor though ...

They never acknowledged the claim simply sent their home made defence -- hundreds of meaningless pages of unstructured rubbish which was sent back to them. It says a lot about them as a business really, I find this very odd ... having your defence retuned is bad really ...

Their conduct and respect for the process seems lacking to me.

As I have asked the court to determine the amount of damages I should receive how long will that take ? is that a hearing too ?

I know there has been a lot of stuff going on over submitting default judgments when a defence has been submitted ... I dont quite see why these people should get all this time sending in a defence weeks later ... had I have submitted a claim one day after the 6 year limit it would get dismissed probably !

Anyone help thank you ....