Jump to content
Security Installer Community

Legal Aspects Of Cctv


Guest xquest

Recommended Posts

I have had a couple of double-glazed lounge windows shattered by airgun pellets. What are the legal restrictions in setting up a concealed camera to record people on the pavement (about 15 ft. from the windows) ? Am I allowed to cover the pavement, the road and the far pavement ? If not, what other action could I take? The police advise that it is most likely a one-off and I won't be considering action unless it happens again. Any advice anyone ?

Link to comment
Share on other sites

  • Replies 64
  • Created
  • Last Reply

Hi xquest and welcome!

If you are installing the camera in your home, then under Section 36 of the Data Protection Act, you are exempt from compliance (any residential cameras are not required to comply with the Act).

As such, you can cover the area you require, you do not need to provide any warning signs, and anyone 'caught on camera' does not have a statutory right of access to the recorded images.

Whilst Time and Date imprint would not be mandatory in this situation, it would be highly desirable if you were intending to provide any recordings for possible evidential use.

Just as a thought, were the holes created by the airgun pellets clean enough that you could look through both panes to see where the shot had originated from? That might help you to decide what type of camera / lens combination would be most appropriate to your needs.

D.J.

Link to comment
Share on other sites

Many thanks for the useful info and suggestions. The Crime Prevention Officer suggested I cut down the front hedges (from 6' to about 3') in the hope that a more open aspect is off-putting. There were probably two guns used - there was only one loud crack as both windows went. Only one outer pane has a neat hole, the other is just cracked, which is what would be expected if they fired from the pavement in the gap between the hedges on either side of the drive-one is at 90 degrees to the window, the other more at an angle. As my police sergeant son-in-law said 'don't react too quickly as it might be seen as daring them to have another go'. So a bit of hedge cutting and tree lopping - already planned for next year anyway, and if necessary a camera recording onto my PC subject to the advice in the publications. Thanks again folks.

Link to comment
Share on other sites

As my police sergeant son-in-law said 'don't react too quickly as it might be seen as daring them to have another go'.

Like jameswilson, I'd also not necessarily agree with that advice :no:

You can react as quickly as you like, as long as you are not seen to react.

If you install a hidden (covert) camera, you won't be daring them to have another go, as they won't see the camera.

If, or should I say when you replace the broken glass, that can be all the encouragement needed for the 'perps' to have another go, and provided you have your hidden camera in place, then you should be able to record the suspects, if they're stupid enough to attack again.

Depending on whether there is a history of local problems, or if you think that you are being deliberately targetted, you have to remember that apart from Xmas rapidly approaching (lots of drinking!), the darkest winter nights are still ahead for the next couple of months, so you have to consider the level of risk, and whether you can afford the possibility of a further attack, without having taken any appropriate precautions.

Link to comment
Share on other sites

  • 1 month later...
Information Commisioner

Click on the above link for the info you require

Wow, things there are really different than here. Here pretty much everything considered "Public Domain" or, "No Reasonable Expectation of Privacy" is fair game for CCTV. If you could place a cam from your window to see the street that's okay. No restrooms, bedrooms, etc. Where exists the "reasonable expectation of privacy."

Link to comment
Share on other sites

Wow, things there are really different than here. Here pretty much everything considered "Public Domain" or, "No Reasonable Expectation of Privacy" is fair game for CCTV. If you could place a cam from your window to see the street that's okay. No restrooms, bedrooms, etc. Where exists the "reasonable expectation of privacy."

I have got cameras on my house with fixed focus lenses that look at the lane outside my house, it also looks (Indirectly) at the lounge windows of my neighbour. It only records movement in the lane not at my neighbours windows. If anyone complained I would simply point out that I can see more by looking through my window with a MK.1 eyeball then can be seen with a cheap camera.

I think if I ever got taken to court for having these cameras up that would stand up as defence, now having a dome with a big zoom at high level would be hard to explain! :whistle:

-----------------------------------------------------------------------------------------------------------------------------------

Life is like a box of chocolates, some bugger always gets the nice ones!

My Amateur Radio Forum

Link to comment
Share on other sites

I have got cameras on my house with fixed focus lenses that look at the lane outside my house, it also looks (Indirectly) at the lounge windows of my neighbour. It only records movement in the lane not at my neighbours windows. If anyone complained I would simply point out that I can see more by looking through my window with a MK.1 eyeball then can be seen with a cheap camera.

I think if I ever got taken to court for having these cameras up that would stand up as defence, now having a dome with a big zoom at high level would be hard to explain! :whistle:

I hate to be a party pooper luggsey, but from what you've described, if the neighbour made a formal complaint to the police, they would probably have grounds to investigate under existing 'Harassment' legislation; if they requested you to stop monitoring (albeit passively) your neighbours property and you refused, I somehow doubt that your defence argument would actually be considered reasonable in a court of law.

The type of equipment being used is not as relevant, as the effect it has on the neighbour. So for example, you could fit an authentic looking dummy, and it's mere presence could have exactly the same effect on the 'peaceful enjoyment of their property', as it would if you fitted a

Link to comment
Share on other sites

I hate to be a party pooper luggsey, but from what you've described, if the neighbour made a formal complaint to the police, they would probably have grounds to investigate under existing 'Harassment' legislation; if they requested you to stop monitoring (albeit passively) your neighbours property and you refused, I somehow doubt that your defence argument would actually be considered reasonable in a court of law.

The type of equipment being used is not as relevant, as the effect it has on the neighbour. So for example, you could fit an authentic looking dummy, and it's mere presence could have exactly the same effect on the 'peaceful enjoyment of their property', as it would if you fitted a

-----------------------------------------------------------------------------------------------------------------------------------

Life is like a box of chocolates, some bugger always gets the nice ones!

My Amateur Radio Forum

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.