Advances in the technology of home security equipment and the quality, scope and range, particularly of audio, have encouraged many people to invest in such devices.
However, are you breaking the law? If the camera records the goings-on confined or restricted to your own property, then it is unlikely the data protection regime will affect you. If the camera records a wider view of neighbouring property or those further afield, what are the rights of those affected?
Can they make a claim in nuisance caused by the loss of privacy?
As the law currently stands, no such claim arises but the law is currently under review. However, claims for harassment might be made. A court has already expressed concern at the ability of some devices with 2-way audio to be effective in varying degrees, up to 20 metres from the device.
The General Data Protection Regulations (GDPR) and the Data Protection Act 2018 may well apply to you as a data controller and for your devices to be compliant. You must demonstrate that you are collecting the video images or data in a way that complies and upholds the rights of people you are filming or recording. You need to be able to justify your reasons for doing so and be able to comply with any Subject Access Request you receive. This could include deleting stored images and audio data. If you breach the data protection laws, you may be at risk of legal action by those whose images or audio you have capture or for enforcement.
If you believe you might be affected by data stored on a neighbour’s security devise, or are a data controller, you should seek advice.
For further information please contact a member of the Litigation team.
