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Legal matters

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private CCTV public land

36 replies

Happyjoe · 26/10/2025 00:09

Hiya, I was wondering if anything can be done? A man (who is a tad odd too) moved into a social house and parks his car in a church/council ran car park instead of the car park on his street, which is next road along, but can be accessed easily by foot on a path that runs between the streets.

The side of his house is onto the church land and council-run car park. It's no longer a church but a community centre, where I do voluntary gardening. The camera is pointing at his car but is also going to be capturing by default the comings and goings to the church/community centre, including a lot of children going to ballet classes, kids clubs etc and some members who come to groups run for more vulnerable members of our community. Am pretty sure the entrance of the church is being recorded too because of the angle and that the camera rather close.

Is there any expectation to privacy at all? There is a tiny sign on the wall saying about CCTV, very high up but no information of what he is doing with the data, who he is etc.
I was always of the understanding that filming public places should be limited (unless council run) and people can expect some sort of privacy. I presume that may not extend to a carpark? How can we know what he is doing with that information he is recording? I am uneasy about asking him direct as he is rather unpredictable and has an aggressive streak.

Any help be really appreciated. Thankyou.

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OhDear111 · 26/10/2025 22:33

@prh47bridge That’s clutching at straws. The guidance is clear. A camera should not be pointing at a public space and certainly should not be recording. @Happyjoe Id read the guidance and make your own conclusion from that. Then consider who is responsible for the car park: no doubt legal buck passing will ensue!

prh47bridge · 26/10/2025 23:41

OhDear111 · 26/10/2025 22:33

@prh47bridge That’s clutching at straws. The guidance is clear. A camera should not be pointing at a public space and certainly should not be recording. @Happyjoe Id read the guidance and make your own conclusion from that. Then consider who is responsible for the car park: no doubt legal buck passing will ensue!

No, it is not clutching at straws. The guidance is indeed clear. A camera can point at a public space and record what it sees provided the owner of the camera can show a legitimate interest and follows data protection law. If you stop looking at the guidance for organisations and look at that for individuals, you will find that set out very clearly by the ICO.

Happyjoe · 26/10/2025 23:42

Thanks everyone once again.
I have just written to the council, explained what is going on. I have no doubt will be fobbed off as my council is particularly lazy, but it will be interesting nevertheless. Have explained that he is filming all the community centre users which includes children and vulnerable users and that I personally object to not knowing what is happening to footage of myself.
Thanks again for advice and knowledge.

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OhDear111 · 27/10/2025 20:23

I posted the info for individuals! Good luck reporting this.

prh47bridge · 28/10/2025 08:21

Sorry yes, your most recent post did include the info for individuals, unlike some of your earlier posts. I'm sure your brief read of this page trumps my 40+ years advising people on data protection law.

OhDear111 · 28/10/2025 09:40

@prh47bridge Well as you are a scorer on every single area of law, obviously not. However even you must see that this “need” will not necessarily overrule the privacy of the public which includes dc. It’s worth the op finding a way to complain and others should be altered if we just allow filming of anyone because of possible vandalism? I don’t think the IOC intends this to be the case. How many cases have you managed where this has been challenged? How many times in court?

prh47bridge · 28/10/2025 10:02

OhDear111 · 28/10/2025 09:40

@prh47bridge Well as you are a scorer on every single area of law, obviously not. However even you must see that this “need” will not necessarily overrule the privacy of the public which includes dc. It’s worth the op finding a way to complain and others should be altered if we just allow filming of anyone because of possible vandalism? I don’t think the IOC intends this to be the case. How many cases have you managed where this has been challenged? How many times in court?

I don't pretend to know every single area of law. Data protection has, however, been a speciality for various reasons. No-one who has taken my advice on data protection has ever faced enforcement action by the ICO.

Whether the owner's legitimate interest overrides the interests of others may depend on how much of the car park is actually covered by the camera. If it covers the entire car park, that is likely to be too much. However, if it concentrates on his car and the immediate surrounding area, he may well be able to justify it. And, as I have pointed out, the ICO is unlikely to take enforcement action against him for a CCTV camera attached to his property. The most they are likely to do is write to him pointing out the rules.

Happyjoe · 28/10/2025 13:36

Well, just for an update. Council have written back fairly quickly, asking for more information. It seems they are less than impressed with the camera pointing over their own land. Wait and see how much the neighbour argues I guess.

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OhDear111 · 29/10/2025 14:30

@Happyjoe That’s a good start. Obviously I didn’t expect the ICO to take action (?) but obviously their guidance is worth reading and quoting to the council. If there’s no evidence of vandalism, then photographing the car park isn’t acceptable. I’d be amazed if it focussed on his car which doesn’t have a dedicated spot.

Happyjoe · 29/10/2025 14:38

OhDear111 · 29/10/2025 14:30

@Happyjoe That’s a good start. Obviously I didn’t expect the ICO to take action (?) but obviously their guidance is worth reading and quoting to the council. If there’s no evidence of vandalism, then photographing the car park isn’t acceptable. I’d be amazed if it focussed on his car which doesn’t have a dedicated spot.

That's right, I can also see the angle of the camera and it seems to be covering a fairly wide area. Technically I guess not doing anything wrong, it all depends now how he backs down or how strong the council get over data protection laws.

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Happyjoe · 12/12/2025 20:11

Just an update (as sometimes it's nice to know), council went to look at CCTV, were not happy with the area covered and have asked him officially to take it down, or reposition the camera so it covers his own land. As he has no land there, basically take it down. I presume as a council tenant, he must comply?

It was supposed to be removed by last Monday, it's still there. So will wait and see.

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