CCTV camera neighbours and the law.

ratcatcher666

Had five years of abuse anti social behaviour from neighbours. They have had a CPw issued by the police but the council do nothing, although they are council tenants.  I recently made a complaint tyo the ombudsman and tey were forced to do something . A mediator called today but instaead of accepting the evidence of sound recordings of banging on the wall at 6.30 am she turned her attention to my cctv camera. She said although it is only filming my rear garden she can force me to take it down as it is not fixed but movable and that because I could move it at any time. I do not but because I can she can force me to remove it.

The reason the neighbour wants it down is because it recorded her shouting abuse at us and the police issued her with a CPW.

Does anyone know the exact laws that apply. The recorder does not keep recordings but over writes thwm after approximately 7 days of recording. 

marcia_

 If its only recording your property nobody can make you move or remove it 

Brie

And you will have proof you haven't moved it due to not having any pictorial recordings showing the neighbour.  If she doesn't want her banging and shouting recorded she shouldn't bang and shout.

elsien

She is misinformed and has no right to make you move anything. Not sure what legal powers mediators think they have (handy hint – no more than you or I), but telling you what you can and can’t have in your house and garden certainly isn’t one of them.
https://ico.org.uk/for-the-public/domestic-cctv-systems/

ratcatcher666

Thanks for the information.The mediator said she had made other people remove their cameras with a policeman . However our complaint at present is that the neighbour deliberately bangs on the wall at 6.30 am. When she contacted the neighbour they said they were just going to their wardrobe and she believed them. We have tried to get something done about the neighbours for 5 years and the council just dismiss any evidence of recordings of the neighbour banging on the wall  about 10 to 15 times plus other anti social behaviour. but the mediator believes them because she said they are going to pad the wall to stop the noise. My estate agent was in my house on one occasion when she started banging but the council just dismiss independent evidence orwitnesses.

Wonder what they will find as an excuse if the banging continues. I have read the info and the ICO seem unable to force the removal of a CCTV camera. Not sure what the police can do.

ratcatcher666

I am thinking of ending the mediation as the mediator did not take anything we said seriously, dismissed audio recordings and refused to speak to independent witnesses. Therefore there is no point in continuing..

marcia_

 Keep on with a diary of all ASB and keep complaining and complain to you councillors and MP, they can get them to take it seriously. 

 Are you also a council tenant? If so maybe look at moving 

DullGreyGuy

marcia_ said:

 If its only recording your property nobody can make you move or remove it 

But the OP says its not just recording their back garden, its also recording sound from the neighbour's garden. 

There were a couple of cases in the last few years where owners of smart doorbells etc have been successfully sued for unlawful data processing because of the audio they are recording. 

marcia_

ratcatcher666 said:

Had five years of abuse anti social behaviour from neighbours. They have had a CPw issued by the police but the council do nothing, although they are council tenants.  I recently made a complaint tyo the ombudsman and tey were forced to do something . A mediator called today but instaead of accepting the evidence of sound recordings of banging on the wall at 6.30 am she turned her attention to my cctv camera. She said although it is only filming my rear garden she can force me to take it down as it is not fixed but movable and that because I could move it at any time. I do not but because I can she can force me to remove it.

The reason the neighbour wants it down is because it recorded her shouting abuse at us and the police issued her with a CPW.

Does anyone know the exact laws that apply. The recorder does not keep recordings but over writes thwm after approximately 7 days of recording. 

DullGreyGuy said:

marcia_ said:

 If its only recording your property nobody can make you move or remove it 

But the OP says its not just recording their back garden, its also recording sound from the neighbour's garden. 

There were a couple of cases in the last few years where owners of smart doorbells etc have been successfully sued for unlawful data processing because of the audio they are recording. 

 No they said its only recording their garden 
it read to me the audio recording is coming from in the home? 

elsien

My best guess would be, that people were complaining about harassment, so the police threatened the camera owner with a harassment warning causing them to remove the cameras.
your mediator sounds like a right piece of work. However, it doesn’t look great if you are the one who withdraws from mediation so is it worth persevering continue together evidence? Nothing to stop you waving the ICO guidance at the mediator to show that you understand the ramifications.

DullGreyGuy

marcia_ said:

ratcatcher666 said:

Had five years of abuse anti social behaviour from neighbours. They have had a CPw issued by the police but the council do nothing, although they are council tenants.  I recently made a complaint tyo the ombudsman and tey were forced to do something . A mediator called today but instaead of accepting the evidence of sound recordings of banging on the wall at 6.30 am she turned her attention to my cctv camera. She said although it is only filming my rear garden she can force me to take it down as it is not fixed but movable and that because I could move it at any time. I do not but because I can she can force me to remove it.

The reason the neighbour wants it down is because it recorded her shouting abuse at us and the police issued her with a CPW.

Does anyone know the exact laws that apply. The recorder does not keep recordings but over writes thwm after approximately 7 days of recording. 

DullGreyGuy said:

marcia_ said:

 If its only recording your property nobody can make you move or remove it 

But the OP says its not just recording their back garden, its also recording sound from the neighbour's garden. 

There were a couple of cases in the last few years where owners of smart doorbells etc have been successfully sued for unlawful data processing because of the audio they are recording. 

 No they said its only recording their garden 
it read to me the audio recording is coming from in the home? 

They said: 

ratcatcher666 said:

The reason the neighbour wants it down is because it recorded her shouting abuse at us and the police issued her with a CPW.

So the outside camera is recording their neighbours noises.

In the legal case it was compounded because the owner of the camera had said it didnt record sound when it was but ultimately the judge took particular exception to the recording of sound which they said couldn't be justified under the defendant's claim of installing them to stop thieves and was unlawful (the video was lawful even though it caught some of the claimants front garden).

Whilst it was speculated that the damages would be £100,000 after the breach of the DPA was confirmed (though harassment claim dismissed) I cant actually find what the outcome was... even the written judgement says that quantum would be set when the order was handed down.