Unauthorised photography within my home and sharing of the photographs

[Changerofthename1]

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 ?

Why were your kids even near them? If you’re that bothered get them out of the house or away from them in another room.

Which is why this clearly was not just a question of misquoting and why OP remains vague on why they say they can't do the job.

As a lawyer, there is no legal case re the photograph. I can't see why the ICO would be bothered either. Since OP is not explaining why it's a "black and white" breach of contract there's no way to assess whether that's the case although in my experience lots of people who think they have an open and shut case are entirely wrong. You aren't looking for advice on that here anyway OP but I'd get some legal advice before going in all guns blazing as it is rarely as black and white as you clearly believe.

😂😂
you said that you were having a rear extension on one of your posts, but also said the contractors had to work in the hallway, lounge and kitchen. Forgive me for my lack of intellect, but these 2 posts in themselves contradict each other. If you're going to keep arguing keep the same story for consistency.

The builders dodged a bullet I think.

GDPR considers domestic use of photography, but not specifically a private home. It is more interested in the expectation of privacy - do I expect my personal data to be obtained and used. It would be argued and probably agreed that a photo of your home isn’t personal data - your child however, the photo has become their personal data.

tbh, in these circumstances people tend to look at human rights to privacy over gdpr or data protection. You have a human right to privacy especially in your own home, it’s whether the act of taking the photo violates it.

Well I wouldn't be coming back to work for you that's for sure, and I'd make sure fellow tradespeople knew to avoid.

Absolutely crackers.

@GarlicCrackers GDPR doesn't apply in a purely household context surely? This isn't that though, so it would.

The workmen have either legitimate interest or performance of a contract as their legal basis for processing?

The photo(s) only incidentally includes the op's toddler, (and the paedo swimming pictures on the wall) so it's unlikely the ICO would be interested?

You sound like a nightmare

Most traders need to have constant open access to their trucks and therefore front door open and they would be concerned that this would be a safety risk with your child there. Maybe you said that he was just watching TV but they have instructions that they can't work with a child that could run out of the door. They took a pic of said child watching TV to justify their decision but only their back, not face.

You are annoyed because they did gather evidence. What doesn't make sense is why another date wasn't rearranged. Is the issue that you've said they can't come back and want money and they are saying that you have to give them another chance because they already bought the materials.

I expect there is more to it than what has been shared.

It covers the expectation of privacy, and would cover a contractor taking a photo in a home WHERE a data subject is captured. In this instance her child is in the photo so it applies.

My point was, if there was no child or they’d bothered to blank the child out then it wouldn’t have mattered because it sounds like the business has taken the photo for a legitimate reason. No person in photo, no personal data captured. The mistake they’ve made is the child.

Oh and it doesn’t matter if it incidentally captured the toddler in this context. All the ICO would do however is raise a complaint to the business, ask them what devices were used to capture image, where data was transferred to, has data been deleted and how they will prevent it from happening again. If they’d taken 100 pictures and sent them all over the place they’d care but they won’t really in this instance.

But the contractor has the right to take a picture to show why they can't proceed with the work?

It's amazing how many people think it's illegal to photograph someone else's child. You must realise that I can go to the local park today and take a snap of who ever I want ? People take other people kid pics at sports events all the time. It's not nice but it's certainly not illegal.