CCTV System?

asbokid

ab7167 wrote: »

So to confirm, it is considered polite to inform neighbour of the CCTV but not a legal requirement?

No, it's not a legal requirement to inform the neighbours of the CCTV camera.. From CCTV Advice leaflets issued by Grampian Police and by Fife Constabulary..

Q. Do I need to display warning signs if I have a security CCTV system on a domestic dwelling?

A. No. Under the Data Protection legislation (Data Protection Act 1998) CCTV installations within domestic premises do not require to be registered with the Information Commissioner, formerly the Data Protection Registrar.

There is therefore no requirement to keep records of recordings nor place signage around the premises where CCTV is being used. However, under Human Rights Act legislation, every effort must be made to ensure that 'collateral intrusion' of adjacent premises or Public areas are minimised.

Q. My neighbour has installed a CCTV camera and it is pointing towards my house / garden. Is this a breach of the Data Protection Act?

A. If your neighbour’s camera is installed on their residential property and being used for their own personal domestic use, they are unlikely to be breaching the Data Protection Act. This is because the use of CCTV cameras for domestic security purposes is exempt from the data protection principles. This applies when a person uses CCTV to protect their home from burglary, even if the camera overlooks the street or other areas near their home..

More at: http://www.grampian.police.uk/Advice.aspx?id=173&pid=30;34;24;190;191
And at: http://www.fife.police.uk/default.aspx?page=1747

I would like to help them set up so that their own driveway and the public highway in front of both houses was being recorded, NOT their private land.

Sure, you're allowed to do that. And I wouldn't be too concerned about any "collateral intrusion" over the neighbour's land.. At worst, it's only a civil wrong and not a criminal offence. It's about as trivial as allowing your hedge to overgrow the boundary.

I will purchase the equipment ASAP as this has to stop soon. The ultimate aim is not really to get them arrested, but to convince the landlord to evict them. I'm guessing there would be no custodial sentence for such vile behaviour,

That would depend on what this "vile behaviour" involves!

but convincing the landlord this is serious (he claims it is being exaggerated by my friends) might help. Are landlords not partially responsible for the behaviour of their tenants?

One powerful avenue for action against a landlord of a neighbour from hell can be found in s.8 of the Misuse of Drugs Act 1971.

Are drugs involved in the anti-social behaviour of your neighbour?

If so, a landlord can be prosecuted for knowingly allowing the smoking, preparation or sale of certain controlled drugs on premises that he owns/controls.

From: http://www.legislation.gov.uk/ukpga/1971/38/section/8

8.— Occupiers etc. of premises to be punishable for permitting certain activities to take place there.

A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say—

(a)producing or attempting to produce a controlled drug in contravention of section 4(1) of this Act;

(b)supplying or attempting to supply a controlled drug to another in contravention of section 4(1) of this Act, or offering to supply a controlled drug to another in contravention of section 4(1);

(c)preparing opium for smoking;

(d)smoking cannabis, cannabis resin or prepared opium.

ab7167

I don't think they send people to prison just for swearing and shouting, however intimidating and nasty it is. There has been no physical violence yet, no keying of cars or anything. One of the gentlemen involves has stated his desire to 'destroy' my friends for what they are doing, so it may not stop at verbal abuse. The only viable outcome is for someone to move. My friends have done nothing wrong and have never retaliated, beyond polite requests and complaints to police.

I have ordered a couple of the little £10 cameras and will try to set up something appropriate. Thanks for all your help.

steve1980

ab7167 wrote: »

So to confirm, it is considered polite to inform neighbour of the CCTV but not a legal requirement? I would like to help them set up so that their own driveway and the public highway in front of both houses was being recorded, NOT their private land.

I would speak to your local police force as they all seem to operate differently.

Essex Police INSIST on a sticker being visible if you want to use it as evidence.

Grampian Police and by Fife Constabulary obviously don't insist on it.

sonstream

steve1980 wrote: »

Remember, if you use this you MUST display CCTV stickers where they can be seen, ie front door, window.

No display, no evidence.

no display needed if not recording 24 hrs
a computer webcam and a copy of webcam xp pro will do can set up for motion dectection recording only

Lirin

Take a check on Ebay. I'm sorry as I can't remember the name of the system, but we bought one a year or so again that does all you've asked for. 80GB hard drive- can be set to record continually, or rolling from motion activated. Sound, and 4 cameras. The sound wasn't great, was vastly improved when I waited for my extremely shaggy dog to shed and wrapped the mic in a bit to minimise intrusive sound- wind etc. I do think it was only a couple of hundred, and is good enough for us to read numberplates. Allows full backup onto pc, either at the time, or after. Also allows remote access via pc if you wish. It's not particularly technological for CCTV systems today, but does what you would need. If I remember, I'll grab the name of the system later.
Signs aren't required on private property, unless there's an expected right of access to the public- e.g, a business premises. You can record onto public grounds, and even include your neighbours garden etc. If you record directly them- say only their garden, or aimed at a window, it can be considered under harrassment, so just be careful of that. Can still be used anyway, but stops another potential problem from cropping up.
Handy to have a word with the local police and let them know what you're doing.
Ours wasn't for a neighbour dispute- was just to see our cars.

DCFC79

sonstream wrote: »

no display needed if not recording 24 hrs
a computer webcam and a copy of webcam xp pro will do can set up for motion dectection recording only

got a link for that

Norman_Castle

http://www.webcamxp.com/home.aspx

OP, a dictaphone could be useful for recording abuse

cit_k

I would report ANY police officer stating stickers HAVE to be used on a home cctv system to their superiors and fire off a complaint to the Information commissioners office and let the local press know the police are giving out incorrect advise.

But first, I would tell them they are talking out of their backside and tell them to come back when they know the basics of what they are talking about, and tell them I am going to do the above if they do not do their research and stop lying to the public.

huggychair

cit_k wrote: »

I would report ANY police officer stating stickers HAVE to be used on a home cctv system to their superiors and fire off a complaint to the Information commissioners office and let the local press know the police are giving out incorrect advise.

But first, I would tell them they are talking out of their backside and tell them to come back when they know the basics of what they are talking about, and tell them I am going to do the above if they do not do their research and stop lying to the public.

Why are they lying to the public?.. they can't protect (use it in evidence - to) the public if CCTV is not 'signposted'. That and the filtering down of European Human Rights Legislation (remember 'super-injunctions?') will mean Private public footpath/road spy cameras will soon be ruled out too!!

and not before time either!! :money:

asbokid

huggychair wrote: »

they [the police] can't protect (use it in evidence - to) the public if CCTV is not 'signposted'.

That's just not true. There's a huge difference between a civil wrong (which is all that an invasion of privacy would ever be), and the admissibility of evidence in a criminal prosecution (or in a civil claim).

The CPS would find no problem presenting home CCTV footage to a court. It is perfectly admissible.

And even where evidence has been gathered illegally (i.e. gathered through a criminal act, perhaps by breaking and entering a home to plant a recording device), even then, the illegally obtained evidence may still be admissible in court. There are numerous examples of this happening.

Any householder who wants to gather evidence of criminal acts carried out by his neighbour would be foolish to place a sign advising him of his intentions!