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Bad Legal Advice in Property section of IT?

  • 30-08-2013 7:49am
    #1
    Registered Users, Registered Users 2 Posts: 5,741 ✭✭✭


    From
    http://www.irishtimes.com/life-and-style/homes-and-property/property-clinic-1.1508190?page=2
    Many developments have installed CCTV at a reasonable cost to residents. It is also possible for residents to log into the development’s CCTV system via smart phones or other internet enabled devices at no extra cost if the CCTV system is relatively new. This allows for the opportunity to download historical files off the digital video recorder which can then be forwarded to the Garda.


    Surely this kind of access would have implications under the Data Protection Laws?

    http://www.dataprotection.ie/viewdoc.asp?DocID=242
    The storage medium should be stored in a secure environment with a log of access kept. Access should be restricted to authorised personnel.


Comments

  • Registered Users, Registered Users 2 Posts: 7,879 ✭✭✭D3PO


    it would be stored securely you would have to logon to view this stuff. As for authorized personnel you could argue that a resident is authorized personnel.

    Its stretching things but not exactly bad legal advice.


  • Registered Users, Registered Users 2 Posts: 5,741 ✭✭✭jd


    D3PO wrote: »
    As for authorized personnel you could argue that a resident is authorized personnel.

    Its stretching things but not exactly bad legal advice.

    I disagree - that would mean any owner in my development could log in to the system and monitor my comings and goings.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It really depends on what's caught on the camera. If someone's front door is covered by the camera then you'd be right. But if it's monitoring a public area like a overground car park, then the reasonable expectation of privacy may not apply.

    There's also the argument that the people who have access to the CCTV are capable of monitoring your comings and goings even without it. But I doubt that would fly.


  • Closed Accounts Posts: 8,015 ✭✭✭CreepingDeath


    Data protection protects your personal information.
    You also have the right to privacy in your own home / property.

    But lets say the CC TV was pointing at a secure/gated entrance in an estate, where everyone has to go through, that's not subject to data protection laws.
    You're in full public view.

    If the CC TV were pointing at your house, you can have it repositioned, or request that your property be "masked off" digitally ( like pixelating/blacking out sections of the image where your property is in view.

    As for "historical" data.
    Recording CC TV 24x7 takes a lot of storage space.
    More than likely it's recording over footage, and you don't have any more than a few days of footage at best.

    It's not clear whether that footage would be "online", for anyone to rewind back too... I doubt it is.
    More than likely, residents only see realtime footage of the camera(s).
    If they come home and their home was robbed I'd say they'd have to request the previous days footage explicitly from someone with direct access to the CC TV system.


  • Registered Users, Registered Users 2 Posts: 2,587 ✭✭✭gerire


    If your apartment is burgled would you rather you could just ring your landlord and get it straight away to give to gardai when they arrive, speeding up the investigation process.

    Don't see it as bad advice


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