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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Unauthorised photography within my home and sharing of the photographs

538 replies

Changerofthename1 · 09/11/2022 19:08

I found out that a contractor has taken photographs of the inside of my home that I did not authorise, one of them has got my child in the corner I’m fucking furious about. Obviously it’s gone from one employees phone to another and then it’s been forwarded onto who is thinks is me but actually I’m using an email address that isn’t the one that he would have on my contract if that makes sense so I think he’s on thin ice with that.

This can’t be legal surely ?

OP posts:
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9
ABBAsnumberonefan · 09/11/2022 21:04

If he’s 2 why wasn’t someone who could speak on his behalf with him? You sound insufferable

Pixiedust1234 · 09/11/2022 21:04

So an employee sent a photo to his boss to prove he can't do a job that OP has hired the boss to complete. Therefore the photo is evidence twice over, possibly three times. Once from employee to employer so they aren't fired for not doing the job, and secondly from employer to OP for breach of contract. The third is for possible court for breach of contract/return of monies.

Based on the above they are within their rights to take photographic evidence.

Did you pay them in full, or a deposit?

Chesterdrawsseriously · 09/11/2022 21:05

The only thing I can really take from it was work was to be done. They were photographing the room not the kid as such, it was clearly as evidence thr work couldn’t be done, she wants her money back they aren’t giving it to her, as thr men have lost a days work and need paying, she’s no leg to stand on as they have photographic evidence, and so she’s trying to find out if that is illegal to try to do something.

it’s not illegal, in fact they have done the right thing if that summary is right. If they have not done ghr work, she wants her money back and they had to photo the state of the room to prove why, then they did the right thing.

Unicorn1919 · 09/11/2022 21:06

If you are only processing personal data for core business purpose you do not have to register or pay a fee to the ICO. The majority of small businesses are exempt.

Please accept that your contractors have done nothing wrong.

Soontobe60 · 09/11/2022 21:07

Changerofthename1 · 09/11/2022 20:43

Taking a photo of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws.
From the Somerset and Avons police website. So whilst you might be correct if you wanted to chase Kate Moss down the street and take a picture there might not be much she could do about that but once she enters her home if they start sticking cameras through the windows that would be a breach.

as previous posters I have mentioned it may be a grey area surrounding the invitation will find out tomorrow when I do indeed consult lawyer about the whole of the matter and if you like I’ll report back but I’d hate to be the catalyst of year 11’s not getting their homework marked and all that follows.

A solicitor will cost you money - and possibly plenty of it. More if you ask them to act on your behalf. They will do pretty much what you tell them - OP: ‘I’d like you to write to the contractors and demand my child’s photo is deleted plus I’d like my money back for the job they were unable to complete due to my own error please”. Solicitor: ‘certainly madam, that’ll be £300 please’.

stuntbubbles · 09/11/2022 21:08

Sea serpents
Kate Moss
Avon and Somerset Police
GDPR
Unsmiling toddler
The hamster
Paparazzi
”Outing” decoration work

Please let this run to 40 pages 🙏🏻

AlbertaAnnie · 09/11/2022 21:10

.” I haven’t posted this on am I being unreasonable because I am not being unreasonable this is not in dispute.”

Im pretty sure you are….🤣

Name99 · 09/11/2022 21:10

What money has exchanged hands OP?

Starseeking · 09/11/2022 21:11

What reason did the contractors give for not carrying out the work?

FightingFatAt49 · 09/11/2022 21:11

CandyLeBonBon · 09/11/2022 20:12

@FairShare13 you're gonna need a bigger bucket!

Big enough? 🤣🤣

Unauthorised photography within my home and sharing of the photographs
MissMaple82 · 09/11/2022 21:14

Cause a big wholly drama and hope the issues around the contract fall by the wayside! I get you OP

AlbertaAnnie · 09/11/2022 21:14

😂😂😂

AlbertaAnnie · 09/11/2022 21:15

op you sound like you would be a absolute roar at parties! Can’t inside why they don’t want to come back!

N0RKS · 09/11/2022 21:16

I am guessing carpet layers who couldn’t lay the carpet because the furniture was still in the room.
they take a picture to say “look boss, furniture”
boss says, ‘yup, you are right, don’t do the job’

do i win 5 shillings?

notmyrealmoniker · 09/11/2022 21:18

NoSquirrels · 09/11/2022 19:30

I’m not legally trained. But I’m familiar with small claims type action, which I assume this would be on their part if they’re saying breach of contract. The legality of the photo being taken then shared within the company by the contractor is unlikely to be a salient point. It won’t help you.

Sounds right under civil law, they were gathering evidence. However they cannot take pictures of a minor that are identifiable, so those must be blurred out. Threaten to call the police as this may be some kind of safeguarding issue. Who knows, the contractor may share the child images online.

rwalker · 09/11/2022 21:18

Not wanting to appear rude but you don’t sound the easiest person to deal with

I work for one of the utilities in situations like this due to the fact customers lie through there teeth about situations
and the expectation of what we are going to fo don’t match there’s

TBH if you told us what the dispute was it might help

medicatedgift · 09/11/2022 21:19

There is no law that says they can't take pictures of a minor that are identifiable.

MissMaple82 · 09/11/2022 21:19

There sure is some crackpots on Mumsnet

TwinsAndTiramisu · 09/11/2022 21:22

Is it that they can't do the work because of your child being in the room? Too much dust/chemicals perhaps.

Nearly right … however wouldnt a normal person communicate that rather than photograph it ?

So....it was the child's presence that prevented them from doing the work. And they were stood in the hallway, and took a picture of your open doored living room, in which you could see the child was sitting watching TV in the corner. That's why you're so mad, they've taken a picture deliberately of your child....but that's kind of what they needed to do if the whole reason they can't work is because the child is there.

I mean you haven't got a leg to stand on here in a legal sense regarding the photo, but I see why you're annoyed from a personal sense. They solely took the picture so you couldn't later deny the child being present.

Chesterdrawsseriously · 09/11/2022 21:23

MissMaple82 · 09/11/2022 21:14

Cause a big wholly drama and hope the issues around the contract fall by the wayside! I get you OP

I think that’s what she’s attempting, she’s trying to say they’ve broken the law so both done wrong so she should get her money. The issue she faces is they have not.

Kamia · 09/11/2022 21:25

The engineers come to my home and take photos often I think if there is an issue they can get help to sort it maybe find out what parts they need. It sounds like you did something in your home without planning permission and they are taking photos to pove they are not liable to fix it.

WiddlinDiddlin · 09/11/2022 21:25

Ugh..

Perfectly legal.

You've invited someone round and paid them to fit something.

Their T&C's for fitting are that the room is clear of heavy shiz.

They arrive, room is not clear of heavy shiz - they say they can't do it or they're about to. Having been round this particular merry go round more than once, they take a quick snap to show to their boss the issue.

They refuse to do the job and to refund the fitting fee as per T&C's, you didn't fulfill your side of whatever.

You raise the issue with their boss because you're pissed and standing on no legs, and boss sends you a photo proving they're right...

But - PLOT TWIST - photo has your kid in it.

You think 'AH HA, GOT YOU, THATS ILLEGAL'...

And cue Mumsnet, drama etc.

It isn't illegal, if their GDPR shiz already covering your address, financial details, etc is fine then storing/handlign a digital image is also not an issue.

If they wang it up on FB and tell everyone you're a bellend and so is your kid - that might be an issue.

Back down OP, you have not caught them out, you have not won on a technicality.

Thymely · 09/11/2022 21:27

Why did you pay for work up front? Never do this!

VivX · 09/11/2022 21:28

So whilst you might be correct if you wanted to chase Kate Moss down the street and take a picture there might not be much she could do about that but once she enters her home if they start sticking cameras through the windows that would be a breach.

I feel that your situation is entirely different from the paparazzi chasing Kate Moss down the street and sticking cameras through the windows.

Changerofthename1 · 09/11/2022 21:29

TwinsAndTiramisu · 09/11/2022 21:22

Is it that they can't do the work because of your child being in the room? Too much dust/chemicals perhaps.

Nearly right … however wouldnt a normal person communicate that rather than photograph it ?

So....it was the child's presence that prevented them from doing the work. And they were stood in the hallway, and took a picture of your open doored living room, in which you could see the child was sitting watching TV in the corner. That's why you're so mad, they've taken a picture deliberately of your child....but that's kind of what they needed to do if the whole reason they can't work is because the child is there.

I mean you haven't got a leg to stand on here in a legal sense regarding the photo, but I see why you're annoyed from a personal sense. They solely took the picture so you couldn't later deny the child being present.

But of course the child wasn’t going to be there whilst they did the work, the child was there until the contractors arrived then off to nursery on e they’d been let in.

The money that has exchanged hands is nearly 5 grand for materials that they claim they’ve purchased so where are they ? why didn’t they leave them if they can’t do the work the paint etc they should be with the person that paid for them.

The whole thing just stinks of them not actually being available to do this job and wanting to bump me till after Christmas or maybe even longer while still holding onto my deposit.

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