Law Asked by pho_pho on August 29, 2021
Not sure if this question belongs here, so apologies in advance if I have made a mistake.
My landlord has asked me to purchase a CCTV camera to be placed above the front door. We have had a few disturbances in our area recently and they said that they would like to install it to ensure that we are safe and to give them peace of mind. We have chosen one of these new cameras that save the footage to an SD card and can also be accessed in real-time via a phone app. My landlord will be the one paying for it.
My landlord has asked that we do not delete the footage when we leave the property, as they want to "re-run it". I don’t feel comfortable about this as I feel as though it is an invasion of my privacy. I am a young woman and don’t feel comfortable about my landlord going through the footage with no real reason. What is the law surrounding this? Can I delete the footage from the camera after we leave, but save a copy for myself, so if they request the footage from a certain date (for whatever reason), then I can provide it?
Finally, what is the law surrounding providing my landlord with real-time access to the camera via the phone app? I feel even more uncomfortable providing this for obvious reasons, and I worry that this will be next on the list…
EDIT
Sorry for the lack of clarity, I am UK based. The camera will be placed above the front door. Our front door is facing a garden entrance, and so to get to the front door, you must enter via a garden gate which is directly in front (maybe two or three metres) of the front door. The gate is an iron gate and so you can see a very small portion of the street outside if you look from the front door. So in short, the camera will see people coming in through the garden gate as they approach the front door, and may see people passing by the garden gate on the street.
This article basically says "it depends":
If it is genuinely used to improve tenant safety then that is OK, but if it is used to track your private life then that is not acceptable.
Cameras that cover communal areas used by several properties are generally acceptable, but cameras covering individual properties are much less so. It sounds like this falls into the latter category.
Assuming you haven't got the camera yet, I suggest you write to the Landlord asking for a written justification of the cameras, and a policy for the use of the camera. E.g. it will only be viewed if an incident is reported. Once you have the justification you can then look for inconsistencies (e.g. if they aren't planning to snoop at random times, how are they going to notice someone up to no good? And how would they tell?)
You could also just say "no". The installation of this camera probably counts as a material variation of the rental agreement.
You could also propose a compromise: you will install the camera, but only provide footage as you see fit rather than allowing your landlord to view the camera at any time.
CCTV installations are covered by the GDPR, so you should ask your landlord for the associated paperwork. Amongst other things they will need to state how long they want to keep the footage and provide a justification for that. "We might want to re-run it" is not a justification.
Having all this stuff written down will help if you ever suspect he is abusing the footage.
Edit Another thought: does the landlord own other properties? Are they having cameras installed too? If not, why not? They should have a policy about this.
Correct answer by Paul Johnson on August 29, 2021
It's the landlord's house. If he wants to install an outward pointing camera that's his right.
Answered by Guest on August 29, 2021
You appear to have been asked to install a mains-powered device on the outside of the building. Are you a qualified electrician?
If not, don't get involved with the installation. (That includes the buying of the camera.)
If this is a bona-fide rental then you will have some sort of written agreement with a lettings agent who holds your deposit and collects the rent. Consider forwarding the landlord's request as a formal complaint about the health and safety of the property, if they are asking any random person to do electrical work. Include your privacy concerns in the complaint. The aim is to force them to provide a written description of both the privacy/data-protection policy that will apply (see other answers), and make them to their own dirty work of installing the camera.
What will the other residents think/say if they come home and find you slyly fixing a camera above the front door? Don't get involved with the installation.
Answered by Lou Knee on August 29, 2021
My landlord has asked that we do not delete the footage when we leave the property, as they want to "re-run it".
What happens if you delete it anyway? Would they have any recourse against you?
They may be annoyed or not, but probably wont be able to follow it up (if you don't sign this in writing).
Answered by Sascha on August 29, 2021
Presumably you are not being asked to sign a replacement tenancy agreement in which you have the obligation to hand over the data when you leave the property. Rather it sounds like an informal request on the part of the landlord. Such a request is unenforceable.
In order for it to be legally binding, there would need to be a contract (whether oral or written) with agreement (an offer from one party followed by an acceptance from the other), intention from both parties to create legal relations, and consideration (something of value) passing between both parties. This scenario fails on the second and third points (the consideration requirement can be met by executing the agreement as a written deed, but that is not going to apply here either).
So, an easy option is to permit the installation of the camera, but refuse to hand over the data when you leave.
Answered by JBentley on August 29, 2021
Adding to Paul's answer, you have considerable protections under GDPR here, and there's a host of angles you can use to get your data removed, or have it not collected in the first place. Your landlord, even as a sole trader, is required to register and pay a fee to do this to the ICO (1), and can be fined up to £4000 if he fails to do so.
You have the right to have images of you removed from the CCTV footage. I don't believe the property would count as the landlord's private property, as you have an agreement to use it as your private property for the duration of the tenancy (2)
If the landlord fails to comply, you should refer him to the ICO, although it is worth sending a letter first informing him of your intentions.
(2) https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/
Answered by lupe on August 29, 2021
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