Neighbours have installed CCTV

[LikeTheFruit]

Hope someone out there can help with advice

We live in Scotland in a tenement flat with three flats accessed by the same main door. One of the flats has installed very discreet CCTV above their flat door and the main flat door without our knowledge or consent.

I'm not sure if it is relevant but these neighbours live in Canada for all but two weeks every year when they are here. We have asked several times to have access to the CCTV footage or to have it removed. So far we haven't gotten anywhere as the email address they have given us is deactivated and and when we speak to them directly they are extremely evasive and make false claims of leaving us with the details for the CCTV company and then flying back to Canada for another six months.

Ideally would have the CCTV removed as we feel spied on in our own home as they Are only here for one week every six months. We are also unaware as to whether the CCTV records both audio and video. We also don't know if the footage has been live streamed to him to Canada.
I guess my questions are is it illegal to film neighbours inside the building without their consent?
Is it legal to stream CCTV directly to Canada?
Would we be getting ourselves into trouble if we were to cover the cameras?

TIA

If they’re gone for six months put masking tape over the camera as soon as they go. It won’t damage it. They will probably find a way to contact you pretty quickly and you can negotiate from there.

@BlackAmericanoNoSugar
Thanks for speedy reply. This was out next idea. We have tried very patiently to discuss this with them but they are so evasive and really very odd.
They also drive us crazy by knocking repeatedly on our door when they are l back to discuss things such as getting new locks for the front door but as soon as cctv mentioned they have to go. Yesterday the knocked for several minutes, shouting "hellooo" and woke me up as I was sleeping between nightshifts. I eventually answered the door and told them that woke me and I was sleeping and they just went on to talk about painting the main door for five minutes despite me essentially closing the door on their face.

Is it possible to just move the camera slightly so that it points to a wall / ceiling rather than covering it . Is the flat empty for the rest of th year or do they let it out ?

Sticker, spray paint or obscene gestures as you pass every time

DO they have a smart home system and therefore can see who is arriving and leaving the flat? Is it rented out when they are not there?

Don't think we'll be able to move them. They've small half sphere shaped And look "fixed" . Also we'll need a pretty long ladder to reach outside one as it's attached to the underneath of their metal decorative balcony above front door.
It took months before I noticed it was there and it was only when winter came and I went out for night shift and noticed a red light about the door.

The go home today apparently. No they don't rent out in between.

Camera isn't liked to the intercom system.
They claim the "never look at it" and it's there "just in case" but how do they know to continually knock on the door when I'm in ignoring them.

I feel spied on in my own home.

Is there a freeholder to the property who you could complain to?

Ideally would have the CCTV removed as we feel spied on in our own home

I feel spied on in my own home.

It's not in your home? It's the main entrance for to your building; tbh I would be pleased to not be the person paying for it!

If they go home today, put some tape over it tomorrow as suggested above. Love this idea

No freeholder. We're all private owners. It's an old grade A listed building too. Might contact council as may have needed listed building consent to install

Wouldn’t be happy about this either.

It’s worth contacting the council. In Scotland councils will often mediate over stair disputes if you don’t have a factor

Can they actually see into your home or is it just covering the communal area? If the latter, I personally would not see the problem nor do I see it as an invasion of privacy.

There is one in the communal hall as well as and just outside main door. They know when we are in and out and are refusing to share this footage. This is why I feel spied on.

If they chose to share access that's fine but I'm uncomfortable with the fact someone several thousand miles away is keeping tabs on when we are in/at work/who's visiting etc and not sharing this.

I'm also pregnant which is perhaps adding to paranoia.

That doesn't sound right at all. Wait until they are away, stand in front of the camera and state clearly you are taping over it as you wish to maintain your privacy, then crack on with life until they return next yer. Make sure any tape you use doesn't damage it. I think masking tape would work fine.

If the cameras take your home or your domestic utility (common areas of private property) into their range, they are hit by more stringent requirements of the GDPR. Don't care if they are in Canada, they would be processing personal data in the UK. Look on the ICO website.

It is a bit of a legal grey area I think. CCTV for domestic purposes is permitted under the data protection act, but if it is pointed at a specific property (yours, for example) then this could constitute harassment.

Do you have a factor for your building? I'm in Scotland so they might be called something else elsewhere, but a management company type thing? I would contact them initially and then maybe have a chat with the local police to check it's legal.

Sorry you're in Scotland too!

The thing about putting tape on it is that they know who did it. I think a lot of people have front door cameras these day. We do. If you don’t want to answer your door, don’t answer your door.

We emailed the ICO who provided us with some very vague advice. They were pretty non-committal.

The cameras do take in internal common areas of private property.

Unfortunately we don't have a Factor, we moved in 3 year ago and there wasn't one then and haven't brought it up with the other owners yet.

I understand of people have front door cameras but presumably they all have access to the footage. My issue is less with the cctv (I'm sure it's generally a good idea) it's being denied access to it thats bothering me.

We tend to ignore the knocking but yesterday it went on for so long and with them shouting hello etc I though there must have been some sort of urgency to it.

We left them a note in the hall yesterday along with copies of emails we've sent to the address they gave us and the undelivered bounce backs. I asked them to only knock in emergencies and to otherwise contact by email/letter - half an hour later ... knock on the door (didn't answer)

Honestly, I could write a book about all the weird stuff they've done in the short time we've lived here! Changing the front door locks on Boxing Day one year (we'd never met them before) was a particular highlight.

Stick tape over it at night ..... wear all black!!!

I’d put masking tape over it as well and when they contact you about it, say you are happy to discuss it at length in person when they are next back at the property. Then go on holiday for that week.

Is there a reason they are so security conscious?? CCTV and changing locks? They seem worried about something....