Nightmare Neighbour - Can he take my CCTV footage?

[Mylegs]

Would be extremely grateful if anyone knows the law on this. Posting here for traffic.

I have a turret camera trained on a private lane which also has to include my neighbour's front yard. There's no other way to film the lane without including it. The lane belongs to my neighbour's landlord. It happens to be our access lane over which we have to pass.

Footage from the camera is being used in a criminal investigation into harassment (the neighbour and the neighbour's landlord's son have been harassing me and my family). There is a civil injunction against my neighbour which he's breached.

Under the Data regulations, I'm aware that I'm allowed to film because the footage is being used in civil action and a police investigation. We also have to film to show that certain events (allegedly criminal offences committed by us) have not happened as these folks think nothing of making things up and making a statement.

I've received letters from the landlord's son (calling himself the landlord) and the neighbour, demanding all footage is given to them, destroyed and no more filming is carried out. I know that both of them will be shown some of of this footage in a forthcoming police interview and they probably want to see it in advance. In these circumstances, do I have to give them this footage? If not, what should I say?

For the record, I'm not the sort of person who would deliberately antagonise someone by filming their yard. This has been the only way to get down the lane in safety. They knew the camera was there so why they have breached a civil injunction repeatedly and tormented us in full view of it is anyone's guess. Maybe they thought it didn't work in the dark.

And yes, I have posted about this situation before but not this particular question! Thank you.

No you don't have to provide it to them. Do you have a solicitor?

Call and ask the ICO.

I have a lovely solicitor who is run off her feet trying to keep up with them. I'm sure I won't hear from her this side of the weekend and I'm not sure if I'm going to be confronted before then.

There is an awful lot of bollocks talked about CCTV by people who make up "privacy laws" that don't actually exist.

You are almost certainly entitled to the footage you have.

It is obvious they just want to destroy the evidence because it proves they are in the wrong. Don't let them.

I would just say no. If it's somehow not admissible your lawyer/the judge will tell you.

Nope. Just ignore the letters. If they say anything say "sorry police have said they need everything."

Agree with @FixItUpChappie - say no & report them (again) for ongoing harassment if they keep badgering you about it

Give them nothing. Hand over nothing. Keep filming.

They’re just throwing their weight around because you’re gathering useful evidence against them and in your own defence.

You owe them nothing at this stage. I’d recommend not engaging at all.

I recall your other threads. And I hope you’re all feeling a bit stronger than you were before.

I vaguely remember your other threads. Can’t believe this is still ongoing

I wouldn’t respond to the letter. Presumably they’ve been told to stop harassing you and speaking to you at this point.

Realistically if you want to respond, you should ask your solicitor to send a letter.

Ignore them, keep any letters they send and record any calls, hand these over to the police. You can call the 101 for advice and give them updates.

In theory yes, they do have the right to ask you to do as requested. However, "in most CCTV-related disputes between neighbours, the ICO will not consider it appropriate or proportionate to take enforcement action against the CCTV user." ( from the ICO website).

The ICO aren't answering the phone but I feel relieved by these responses, thank you.

I'm not going to undermine the police investigation by handing anything over unless my solicitor advises it. She's very 'Don't engage' so I think she'll probably bat it away somehow.

Thanks for the support to those who remembered previous threads, my children are doing much better with therapy. Civil injunctions and police investigations work incredibly slowly but we've been assured they are facing arrests and fines now so the systems is eventually effective, as hard as it's been. It does get under your skin though - I caught myself trying to work out what color of coat would be least provocative the other day, as if there's a 'safe' color. Chose exactly the one I wanted.

Armed with these responses I'll just stop worrying about it.

I was thinking about you just the other week and wondering how things were. I'm sorry they are still being antagonistic pillocks but glad you have made headway with the police.
No advice with regard to your question today but just want you to know I'm still rooting for you!

If they’re facing arrest, the police need to get a move on. They’re leaving you suspended in a dangerous situation on your doorstep

Thank you Rollo!

"The lane belongs to my neighbour's landlord."

Makes things awkward I think

Certainly worth an enquiry with ico

In our situation (business CCTV use) we don't have to give footage over to people that are subject to investigation owing to crimes committed in our store

I don’t know your backstory but it sounds awful! What colour coat is less antagonistic?? It’s no way to live!

Hope their arrests come soon.

Don’t give them anything until you’ve spoken to your solicitor. If they confront you before then say you will have to go through my solicitor.

Before using cctv you must by law have at least one sign saying cctv is being used, it comes under privacy law

Below is an extract from the ico website and makes it clear that if you are filming outside your boundary, either public land or s neighbours property they have every right to the data/images you hold about them.

This seems a bit of a 6 if one, half a dozen of the other situation.
They are breaking the law but so are you.
You can't use they broke the law 1st as a defence.
Why is it such a big deal to give them a copy of the footage you have of them that filmed of them on their own private property.
You can give the originals to your solicitor and also comply with the law by having them a copy

Domestic CCTV systems – guidance for people being filmed

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Some users of domestic CCTV systems need to comply with data protection laws. This depends on what their cameras can see.

Data protection laws don’t apply if the cameras coveronlythe user’s own private property, including their garden. Therefore, visitors caught on these cameras don’t have specific data protection rights in relation to the images captured on those cameras.

But what if the cameras capture images of people outside the boundary of the user’s property – for example, in neighbours’ homes or gardens, in shared spaces, or on a public footpath or a street? Then neighbours, passers-by and anyone else caught on camera will have rights under the data protection laws.

Capturing and recording such images is not itself a breach of the data protection laws. But CCTV users must ensure they comply with these laws and respect the data protection rights of people whose images they capture.

This applies to any video surveillance equipment mounted or fixed on a home, and can include cameras fitted into doorbells.

What are my rights?

If you are filmed on someone’s domestic CCTV system, which is capturing images outside the boundary of their home, thedata protection laws give you several rights.

In particular, you have the following rights:

To be told that a home CCTV system is being used. The CCTV user must let people know they have CCTV. Signs are the most common way of doing this. They must be clearly visible and legible.To ask for a copy of the information that is held about you. This is known as making asubject access request. You can ask verbally or in writing for copies of any footage where your image is identifiable. The CCTV user must respond to this request within one month. Bear in mind that if they regularly delete footage they no longer need, they might not hold your images.To ask the CCTV user toeraseany personal data they hold about you.To ask that the CCTV userdoes not captureany footage of you in future. However, the nature of CCTV systems may make this very difficult and it might not be possible for the user to do this.

Thanks captain, it's no way to live and it's so helpful to be reminded that it's not normal! Thanks also to everyone who has commented.

There is a sign and it's been communicated in writing through our solicitor.

I hope you're never harassed Tabor, people suggesting we're somehow guilty are hurtful. The police advised us to film everything regardless of where it was and we were desperate. So we did.

@Mylegs what an awful situation to be in . Can you link your other thread please

Some solidarity for you @Mylegs we have a problem neighbour and CCTV. I have given footage previously under a subject access request but it was no skin off my nose, just showed them doing the crazy things they do ie. stealing from our bins, flinging them across our garden, trespassing and taking photos of our house and gardens, peering into windows etc. You'd think people would pack it in when they realise you have CCTV...