Blocks of Flats and CCTV use – what’s the law for leasehold properties?

The UK has a very high percentage of CCTV installations for the detection and prevention of crime. What are the laws, however, pertaining to a neighbour that has installed CCTV which faces directly into your home?

NEIGHBOUR DISPUTES & VIDEO SURVEILLANCE

When it comes to a homeowner installing a CCTV system within a leasehold block of flats, it is worthwhile noting that they do have the right to do this. However, capturing images that are beyond their boundary (including public spaces and/or neighbouring properties) infringes on data protection laws.

If a neighbour feels that their privacy is being encroached there are a few approaches that they might consider first.

Here’s the ICO’s information on CCTV & GDPR guidance.

The law surrounding private CCTV installations relates to the Data Protection Act 2018.

“Photographs or moving images of people qualify as ‘personal data’ for the purposes of the act.”

To be clear, your residents can only install CCTV showing the following reasoning:

• they must have a legitimate reason for their surveillance;
• there should be clear signs indicating that CCTV is in operation and who is responsible for it;
• they have to respect the privacy rights of individuals captured on the footage, including providing access to the footage upon request and ensuring it is not used for inappropriate purposes.

For your residents’ peace of mind, it is worth communicating with them to avoid any disputes owing to the use of CCTV. The ICO and other data protection supervisory authorities recommend the following (before any possible disputes kick in):

• Contacting the neighbour in person or in writing asking them why they are using the CCTV? The reason they are doing so may well alleviate any concerns.
• If residents of neighbours that use CCTV still have concerns, recommend to your leaseholders that they should explain their worries, try to compromise, and come to an agreement. It could be a tweak of an angle of the camera for example.
• Ask if they are using filters or privacy blockers – the CCTV owner might be using filters or privacy blockers to reduce the intrusion to your privacy. Clever little adjustments and filters are sometimes all that is needed.
• As individuals, we are all allowed to ask to see what is being recorded (hopefully it’s not as intrusive as you think).

NEIGHBOUR DISPUTE ADVICE

All the above points are worth communicating to your residents. Disputes can get expensive and stressful, so mitigation via knowledge is powerful.

RING DOORBELL SYSTEMS & DATA PROTECTION

More and more of us are installing ring doorbell systems.  By having these digital systems in place it also means that we need to be more aware of cyber security (READ OUR ARTICLE ON CYBER SECURITY HERE).

Being cyber aware is extremely important, however for this article we are focusing on personal data and GDPR rules.

The police often recommend us to use “smart” doorbells as a deterrent to burglars. Understanding the legalities and data protection rules can be somewhat grey and the courts tend to judge disputes on a case by case basis. Disputes are always best avoided, which is where we come in! Often it’s down to the motives and purpose as to why the resident or landlord has installed the “smart” systems. But, who is caught in the images, and the nature together of the images with the degree of personal intrusion involved will be taken into account and where the dispute resolution answers lie.

The majority of us simply want a “smart” doorbell to give us extra protection and use it as a deterrent, never thinking about the law and rules when installing them. However, anyone who takes on the responsibility for using “personal data” must also follow strict rules under the Data Protection Act 2018. These are called the ‘data protection principles’ being that your data (images and audio from the “smart” doorbell in this case), and personal information is:

• Accurate and up to date
• Use of which, is specified
• Kept for no longer than necessary
• Handled securely, including protection against unlawful or unauthorised processing.
• Used fairly
• Used transparently
• Used lawfully

Let’s dig into blocks of flats and communal areas a little more.

COMMUNAL AREAS & DATA PROTECTION

Landlords or freeholders can install CCTV in communal areas of properties like lobbies, stairways, and car parks.

If you, as a landlord or freeholder, are installing CCTV which cover communal areas, then data protection rules apply if the CCTV captures images within that communal area.

The question, if disputed, as to why you are installing CCTV in your managed block of flats would be necessary to provide. If you intend to work with your RMC, for example, then it’s imperative you communicate via written word, explaining the motivation and purpose of the CCTV monitoring system required, as well as justifying the need for it.

You would also need to:

• Register with the ICO as a data controller.
• Put up correct signage indicating CCTV recording, the identity of the data controller, and contact information.
• Record only essential footage.
• Store recording securely and with limited access.
• Delete recordings when no longer necessary, (unless needed for litigation and dispute resolution purposes).
• Delete requested recordings within one month, unless legally required to retain them.
• Justify any online uploads or streams of CCTV footage with written consent.

It’s best to avoid installing CCTV in communal areas that might invade residents’ privacy.

When it comes to your managed block of flats, leasehold residents installing their own “smart” doorbells have to abide by their own lease, as there might be stipulations within their lease terms on this matter. Plus they’d need to check whether the freeholder needs to consent to this installation too.

As a managing agent, landlord or freeholder, it’s always best to communicate updates on data protection and their digital assets come what may, including guiding them to understand their own legal responsibilities under data protection laws and GDPR.

It’s worth having a lease check, which can be advised upon.

What is Personal Data when it comes to CCTV and GDPR?

Data protection laws are there to protect individuals and therefore as organisations (such as managing agents) hold data on individuals, certain rules must be followed.

“Personal Data” means

“Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”

UK GDPR

Here is the ICO’s link to read about personal information guide in full.

The key point is to establish what footage the cameras are capturing.

If the CCTV is capturing only the individual leaseholder’s property, then the conversation can end here. However, for most apartment blocks, it is difficult to restrict the footage in this way, and cameras and microphones will often capture footage beyond the property boundary.

If the cameras are capturing images and audio recordings beyond an individual’s boundaries – including public spaces as well as neighbouring properties, then the use of the CCTV system is subject to the data protection rules under GDPR. (More information on the GDPR in relation to domestic CCTV can be found here, on the ICO (Information Commissioner’s Office) website.)

This means that the owner of the CCTV/Ring Doorbell/a.n.other system becomes known as the “data controller”.

And, as a data controller, they have legal obligations, including:

• Having a clear and justifiable reason for capturing footage beyond their property boundary, and why these images are needed.
• Putting up signs explaining that recording is taking place, and why.
• Not capturing more footage than is needed to achieve their purpose in using the system.
• Ensuring the security of the footage by holding it securely and making sure nobody can watch it without good reason.
• Only keeping the footage for as long as is needed and deleting it regularly.
• Ensuring the CCTV system is only operated in ways intended and can’t be misused.
• Ensuring anyone else in the property, such as flat-mates and family members also know the importance of not misusing it.
• Being prepared to respond to ‘subject access requests’. This is where an individual has the right to ask for the personal data held on them – such as the footage from the CCTV system.

If a leaseholder fails to comply with the GDPR requirements, they could be subject to a fine from the ICO – and the affected neighbour has a valid claim for compensation.

Whilst it is understandable that individuals want to ensure safety and security at their premises, they clearly need to think through the use of GDPR CCTV rules, and CCTV systems and doorbell cameras that have the scope to breach their neighbours’ rights to privacy.

Helping with potential domestic CCTV disputes

Why not have the discussion about having a system for the whole block of flats? A meeting with the freeholder, the Right to Manage, or their management agent, and have them act as the Data Controller, would protect the interests of all your resident leaseholders.

By doing this for your block, it could minimise the possibility of disputing neighbours complaining about individual security systems.

The leases must be checked when it comes to installations as they could amount to a breach of covenant under the terms of it.

Talk to us and have your leases checked in this regard. We are here to help with scenarios such as these as a trusted legal partner to your firm.

Laura Severn