There is Data Protection law that covers security camera placement and footage. This chump has broken virtually every aspect of it.
What must I do if I capture images of people outside my own home and garden?
If you are capturing images beyond your property boundary, you should have a clear and justifiable reason for doing so. In particular, you will need to think why you need these images. If asked by an individual or the ICO, you will need to be able to explain your reasons, so you should write them down now. You should also write down why you think capturing the images is more important than invading the privacy of your neighbours and passers-by.
You will also need to:
Let people know you are using CCTV by putting up signs saying that recording is taking place, and why.
Ensure you don’t capture more footage than you need to achieve your purpose in using the system.
Ensure the security of the footage you capture – in other words, holding it securely and making sure nobody can watch it without good reason.
Only keep the footage for as long as you need it – delete it regularly, and when it is no longer needed.
Ensure the CCTV system is only operated in ways you intend and can’t be misused for other reasons. Anyone you share your property with, such as family members who could use the equipment, needs to know the importance of not misusing it.
You also need to make sure you respect the data protection rights of the people whose images you capture. This includes the following things:
Responding to subject access requests (SARs), if you receive any. Individuals have a right to access the personal data you hold about them, including identifiable images. They can ask you verbally or in writing. You must respond within one month and give them a copy of the data.
Deleting footage of people if they ask you to do so. You should do this within one month. You can refuse to delete it if you specifically need to keep it for a genuine legal dispute – in which case you need to tell them this, and also tell them they can challenge this in court or complain to the ICO.
Consider any objection you get now from particular people about capturing their image in the future. Given the nature of CCTV systems, this may be very difficult to do. However, you should again think whether you need to record images beyond your property boundary – particularly if your system is capturing images from a neighbour’s home or garden.
What happens if I break the law?
If you fail to comply with your obligations under the data protection laws, you may be subject to enforcement action by the ICO. This could include a fine. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.
