Council claiming.

theoretica

Did you not give permission by applying for planning permission, which may result in a site visit?  It seems that it is an integral part of the process.

longjohnjohnson

MarvinDay said:

Deleted_User said:

If it's just a property and a car, then it's not covered by the DPA.

Car number plates are covered by the GDPR regulations, especially as the council already hold other personal information covering the OP (such as their address)
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/what-is-personal-data/can-we-identify-an-individual-indirectly/

What kind of information could allow an individual to be indirectly identified?

The following is a non-exhaustive list of information that could constitute personal data on the basis that it allows for an individual to be singled out from others:

• car registration number and/or VIN;
• national insurance number;
• passport number; or
• a combination of significant criteria (eg age, occupation, place of residence).

The key point of indirect identifiability is when information is combined with other information that then distinguishes and allows for the identification of an individual.

Emphasis on could.

Given this is a house and the site visit is presumably due to something happening at the house such as building work, I'm not sure how a licence plate would identify the OP specifically when the other information could be in the husband or wife's name.

Either way they would be entitled to that specific image, the rest of it doesn't identify them.

One should really ask why they're throwing a fit over images of their property being taken, and other motives for GDPR'ing the council.

Is it because, perhaps, things didn't go their way with the site visit and now they're trying to blackmail them into doing what they want?

Food for thought.

Undervalued

[Deleted User] said:

powerful_Rogue said:

[Deleted User] said:

Hi, Hoping that someone out there has some knowledge of GDPR 🙏🏻 
On 17th June the council accessed my property for a site visit without my permission or knowledge (to do with a planning application) and took photos of my property I only knew as one of my children became concerned and informed me.  On 6th July due to some issues with the council I requested my GDPR.  When I received this the photos were missing.  I queried this and after lots of back
and fourth 6 weeks later the photos were located.  The council told me that that they didn’t provide them as they weren’t GDPR.  The photos show my property with my full address.  One of the photos also shows my car and registration abet with the Road name not my house number.  I have no idea if these were the only photos as there has been no offer to provide the memory card or to delete the photos.  Are the council correct?  Thank you so much 

How do you know they have these specfic photos?

My children saw and became concerned as to why a lady is taking photos of them/the house. 

Anybody has a perfect right to walk down your street and take photos of anything they can see, including your house and any property or persons visible. They do not need your permission. You could walk down the street where I live and do the same.

If you stop and think about it, the vast majority of press photography and news filming is done without the subject's consent as it is not needed (and in many cases would not be given).

In some very limited circumstances the rich and famous are able to exploit certain "judge made" privacy laws to prevent publication but even they cannot prevent the photographs being taken.

Occasionally some photos are published with (usually) children's faces pixelated. However this is to comply with press guidelines and codes of conduct. It is not however a legal requirement.

elsien

If you’ve made a planning application isn’t your name/application/address already up on the portal for anyone to see? I can’t see how them taking pictures is going to identify you more than you already are.
Sounds like you’re miffed they turned up without making a prior arrangement. I don’t know as an information request is the best route for addressing your concern? 

Westin

If this indeed for a planning application that you have submitted it does IMO seem a lot of fuss over nothing.  

Be pleased that the application is being timely processed and viewed by the local council. Surely better that they do the required checks and work in good time than slow things down waiting for availability of the homeowner and the person readying the application (photographer) to align.

Seems they have taken a few outside images of your house and your car happened to be on the drive or outside.  A picture anyone could take from the street.  

Make too much of a fuss and I wonder what the council’s planning team might do with the application process…

jon81uk

[Deleted User] said:

powerful_Rogue said:

[Deleted User] said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

They were taken on my property without my permission. 

Do you definitely know that someone trespassed? If they did then you would be better off making that claim, that someone entered your land without permission.

However if they took photos from the public highway, not so much you can do about it.

user1977

jon81uk said:

Fragglekid38 said:

powerful_Rogue said:

Fragglekid38 said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

They were taken on my property without my permission. 

Do you definitely know that someone trespassed? If they did then you would be better off making that claim, that someone entered your land without permission.

What would that achieve, if they've been and gone?

jon81uk

user1977 said:

jon81uk said:

Fragglekid38 said:

powerful_Rogue said:

Fragglekid38 said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

They were taken on my property without my permission. 

Do you definitely know that someone trespassed? If they did then you would be better off making that claim, that someone entered your land without permission.

What would that achieve, if they've been and gone?

It wouldn't achieve anything more than GDPR would. But if they entered property without permission that sounds like its the issue rather than the photos.

Nearlyold

jon81uk said:

[Deleted User] said:

powerful_Rogue said:

[Deleted User] said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

They were taken on my property without my permission. 

Do you definitely know that someone trespassed? If they did then you would be better off making that claim, that someone entered your land without permission.

However if they took photos from the public highway, not so much you can do about it.

Can't see that getting very far as the legal definition of trespass is "an unjustifiable intrusion by a person upon the land in possession of another". If this visit was in relation to a Planning Permission application by the OP then provided the Council Officers did not cause any damage it's unlikely a "claim" by the OP would get anywhere as the Council could reasonably argue that their visit was justified.

As previously mentioned, the OP's full name, address, details of the application and full copies of any and all correspondence will already be available on line.

It all seems a rather an OTT reaction.

Ath_Wat

user1977 said:

jon81uk said:

Fragglekid38 said:

powerful_Rogue said:

[Deleted User] said:

user1977 said:

Photos aren't your personal data just because they happen to depict items you own. Photos in which you actually appear would be.

I have no idea why you might expect them to provide you with their memory card or delete their photos.

I am concerned the photos have my car registration which can be linked directly back to me.  If you go on street view etc all the number plates are blurred out. 

If these are all photos taken in public, then there is no right to privacy. I could come and take pictures of the front of your house/car and it's perfectly legal and I wouldn't need your permission. I also don't have to give you a copy of these photos.

They were taken on my property without my permission. 

Do you definitely know that someone trespassed? If they did then you would be better off making that claim, that someone entered your land without permission.

What would that achieve, if they've been and gone?

I think there would be some cause for complaint if, for example, the OP's house was at the centre of 80 densely wooded acres and someone came into the grounds and took photos without permission of things that cannot be seen by passers by.  Councils probably should not behave like that.

However the original post has stuff about the road name and house number showing, which would suggest this is not the case.