CCTV in a HMO privacy concerns

[Yupyup]

I've overheard my landlord is planning on installing CCTV in the house I rent rooms in. It will be in the communal areas but I'm concerned for my privacy, I don't want myself or child filmed on CCTV while we go about our daily business even if it is in communal areas where others can see us, there's quite a bit of different passing a stranger in the hallway of where I live it iwhen thanwevw just swokem up unkempt and are going to the bathroom for example, than it is to be filmed doing so which can be distributed for others to view and even up online.

Please would someone advise on the legality of this?
Can he do this?
What if the CCTV is facing our room doors?
Do I have a right to view the footage and know whom has access to this?
How will I know for sure whom is viewing this footage and whether it's been deleted if no events occured?
If he's allowed would he need consent from tenants or give us notice before installation?
Can they put CCTV in a house we live in and film my child without my consent?

[ostell]

Contact the ICO and ask specific questions.

he will not be able to post up pictures on the internet, nor distribute to others without a valid reason.

[R0b]

Hello

I think it's difficult to give you a concrete answer on this, but let's start with the basics.

1. Any installation of CCTV would need to comply with the Data Protection Act 2018 and the GDPR. What that means is he would need to comply with the principles of the GDPR and the lawful conditions for processing your personal data. The easiest way to lawfully process your data will be to obtain consent, however he could also rely on a legitimate interest basis as a processing condition. A legitimate interest has very wide scope but the onus is on the data controller i.e. the landlord to justify his actions.

Do you know the reason why the landlord is intending to install CCTV?

2. He will need to be registered with the ICO before he can use the CCTV otherwise you would have a legitimate complaint. Also, if there is nothing in your contract about the use of CCTV then at the very least he will need to provide you with a processing notice about how the CCTV is used, who has access, storage of the CCTV etc.

3. The GDPR dictates that where there is processing that results in the high risk of freedoms to the individual (particularly with new technology but also applicable to CCTV), then a data privacy impact assessment (DPIA) should be carried out, before the processing of data can take place. Since the CCTV installation is going to be in the communal areas, I think that would warrant a DPIA being carried out since it will be pretty intrusive.

4. The ICO has published the CCTV Code of Practice and although there is no new update since the GDPR, it will still be relatively applicable until further notice. The landlord should be complying with this code of practice.

There is also perhaps an argument this might infringe your right to private life under the European Convention on Human Rights. Article 8 says that every person has a right to private and family life.

Technically speaking, it could be deemed legal for your landlord to do this e.g. if there have been thefts but as above, it's not as simply as installing the CCTV and your landlord will need to go through a number of hoops but I would say is definitely open to challenge. You also have to bear in mind your landlord may get defensive and could threaten you with eviction if you aren't in a fixed term contract. However, if it really bothers you then you should speak up and without going in all guns blazing, try to get your point across politely where possible.

[Yupyup]

Hi thanks for the advice.
I'm in the middle of a messy harassment /disrepair /possession court cases with this landlord he tried to illegally evict me after I bought up disrepair issues and I had nowhere to go so I challenged it and he went into full narcissist mode and has been trying to ruin my life ever since with false malicious accusations and enlisting other tenants to get me out for him.

He's doing this because after I reported him it appears he had no license for the property, no fire safety, most tenants have no tenancies and he's been performing illegal evictions for years. He's now being investigated by the council, the fire department, and for evasion fraud.

The CCTV I believe is simply to further harass me into wanting to leave, he will say it's because I'm stealing things but that's not true and they know it, he's gotten the tenants to do everything including steal my mail and break my stuff but I'm still here. I don't understand what they think they will achieve with the CCTV because they know I'm not doing the things they falsely accuse me of so I'm guessing it's just to make me feel further harassed so I will leave.

I don't believe he will be registered with data control or any of that stuff this landlord does nothing legally. But he knows how to lie and continues to do so to everyone tenants and authorities alike.

I'm worried he could easily give others the footage without me knowing is there any way for me to stop him doing this? If they put a camera pointed at my room door wouldn't that be harassment? I've heard a tenant saying they will do so. If it's just in the kitchen and inside the front door I really don't want myself filmed and him having the footage.

[Yupyup]

Okay so he's gotten two tenants to install a camera in the kitchen, no notice no nothing. I feel so upset ive been going into the kitchen with a scarf around my face just so I can have privacy, has he broken any laws? What can I do?

[Yupyup]

Rob in regards to this paragraph:

"There is also perhaps an argument this might infringe your right to private life under the European Convention on Human Rights. Article 8 says that every person has a right to private and family life."

Could I use article 8 to have them take down the CCTV and be held accountable for his actions? He signed an undertaking not to disturb my quiet enjoyment of the property, is this deemed a breach because it sure feels like it.

[R0b]

I think your starting point is to do a search for the name of your landlord on the ICO Register and check to see if the landlord is actually registered as a data controller -> https://ico.org.uk/ESDWebPages/Search

Next I would contact the ICO by telephone on their helpline -> https://ico.org.uk/global/contact-us/helpline/ and discuss your concerns with an advisor. You should also explain to the advisor if the landlord isn't registered on their register as a data controller and that you wish to make a complaint about him (also mentioned that no data processing notice was given).

You could also use the Contact Us tool which gives you some guidance (https://ico.org.uk/global/contact-us/). For example, when I select the options "I am an individual" and "Get advice about domestic CCTV" the result provides some two pieces of guidance about the use of CCTV in the home - one for those being filmed and the other for those who are filming. You should read the guidance for those being filmed and when you scroll to the bottom you can click on on the tool where it says "I'm unhappy about the use of a home CCTV system".

Again, following the tool if you answer the first question as "You have contacted the CCTV User" or "You've been unable to contact them" and then select yes for the next question on intimidation and harassment, the tool advises you that you should contact the police. I think that is a sound answer if you feel threatened by the use of the CCTV, especially if it has audio recording.

Another option is to contact your local housing authority or council and see if they are able to give you some support on this. If he has signed some form of undertaking giving you right to quiet enjoyment, it is possible he is in breach of that undertaking and you could take legal action against him. Equally, you could also seek an urgent injunction for the CCTV to be removed as it is a clear intrusion of privacy but unless you are entitled to a fee remission due to low income that's gonna cost you around £300.

Finally, it might be wise seeing if you can get some legal assistance on the matter through a pro-bono legal group of housing communication/charity.

In terms of doing something yourself, I would say it is not unreasonable for you to cover up the cameras with some paper and tape though it may be that he threatens action against you for tampering so that's a decision you'll need to consider, but I don't think he would have a leg to stand on if he took any legal action since his actions are likely unlawful anyway and would be an easy counterclaim for yourself.

So, a number of options you can take and I'm not telling you which one is correct and the way forward, but I don't think you can sit around and accept what he is doing. You should definitely give the ICO as a starting point and certainly consider contacting the police if warranted as well as potential legal action for potentially being in breach of the undertaking.

The Article 8 argument is an additional piece to the breaches of data protection. Worth mentioning to the ICO, police and possibly any local authority if you do contact them.