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

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

Well they are leaving their flat empty for 50 weeks a year, maybe that's it?

That CCTV could be very handy if you get robbed or need help.
My DS got assaulted and robbed Friday night and thanks to CCTV in our area 3 people have been arrested.

If they are concerned about security the neighbours can have security inside their flat which will be triggered if it is disturbed. I would be very unhappy about this infringement of my privacy.

Isnt it illegal to face CCTV out on to the road? I thought you were only allowed to face it on your own property so surely this is illegal? Ring 101 ask for advice?

No this is not legal, they need to have consent if in shared areas. They have to display signs too. They are breaching your human rights if you are being filmed without consent.

You don’t need signs if it’s domestic as far as I know

If your house is Grade 1 listed they need planning permission.

Bonkerz it won't be much help to solve a crime if the neighbours won't give access to the footage.

Am dealing with a similar situation only just discovered today!

Also in Scotland and also in a tenement - we currently have scaffolding up at the back of the flats and since returning from holiday yesterday, it seems a neighbour has rigged what looks like a CCTV camera which I think may possibly to keep an eye on the scaffolding (although it's in a completely different property) but is pointed directly into my kitchen!

Will look to report if scaffolding is removed but camera remains.

Not happy at all - totally sympathise, OP!

We didn't need planning permission for CCTV on my listed building, and we didn't need to put up signs, as it's domestic only. We were explicitly told that GDPR did not apply, although we may be wrong!

Difference here being that although not everyone has access to the CCTV, everyone consented to having it installed.

Here's a good link explaining everything

www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property

Is it possible it's a fake camera only (not recording) and this is why the neighbours are so evasive? It would be a security compromise to let on the camera is a fake, so maybe this is why they are being weird about it? Might not be the case, but thought I'd mention it.

Also: you say there are three flats. What do the occupants of the other flat say about the camera?

The link posted by cooking seems to suggest that GDPR does apply which would mean they are breaking the law right now as not GDPR compliant in their use of the CCTV. They'd need to agree to give you your data or delete it for example. I'm confused as to why the ICO therefore gave you a vague response. What did they actually say?