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Legal precedent about use of CCTV?

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  • Legal precedent about use of CCTV?

    I live in a building of four flats. One of the residents, Steve, films the entire communal garden with CCTV. Therefore, he is a Data Controller. I've reported three attacks on my property in the garden to the police. On two occasions there was overwhelming circumstantial evidence that Steve was the perpetrator, but he refused to hand over video recordings to the police. Now I'm applying for a civil injunction to be issued to Steve under the Protection from Harassment Act 1997. Since I have voluntarily waived my right to privacy (Art 8 of the Human Rights Act) outside my own home, I want Steve, in return, to cooperate with the police whenever they ask him to provide evidence of damage outside my home. It will help me convince the court if I can cite a legal precedent for this - i.e. the Data Controller must cooperate with the police in order to help a person who voluntarily allows filming outside their own home. I don't wish to install my own cameras because I don't believe proliferation of cameras in the same space is desirable. Any legal precedents please?
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  • #2
    In my opinion your reason for not installing a camera is not a vaid one and I would certainly do so.
    I know as data controller for my (own) company I have to have an ICO licence. I do not know if individuals need one - they may therefore not be data controllers in the formal sense.
    Just get a camera....

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    • #3
      There is no legal precedent as far as I'm aware to force someone to talk to the Police. You can be arrested and questioned, but that's not the same as what you are asking.

      As a data controller, he must comply with his statutory obligations, including if you made a subject access request for the CCTV he cannot refuse otherwise he would be in breach and you can then make an application to the court for an order that he hands over the footage of the event relating to you.

      Under the Data Protection Act 2018, it is actually a criminal offence to destroy or otherwise falsify, dispose, conceal information or data in relation to a subject access request. The ICO has form for prosecuting where there has been an offence albeit this was in the context of a freedom of information request, but the same rules apply.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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