Rights in regards to video recording of my private dwelling interior.

GWil

Hello everyone, i'm not entirely sure how to word this but i'll do my best with the information and knowledge I have.

Here's what went down, I live in a rented apartment, nothing spectacular there, and a while ago the apartment below mine was having issues with leaks. The building management company contacted my landlord who contacted me to organise a date and time to let them, building management, into the apartment to inspect and see if they could figure out the cause. Of course I had no issue with this and agreed to their requested date and time.

Few things to note here, as far as I could figure out this was not an official inspection of the apartment as per the landlords rights, this was entirely just a professional inspection of a possible source of the leak by the building management company. Anyway, they came and left fairly sure of the cause and asked if I could let a plumber in some time during the week to take care of it, of course I had no issue with that again.

Now, here's the issue, a few months later there was another leak and they needed access again, this time the landlord came along. They did their thing, and before leaving my landlord pointed at a pile of old boxes that I had and asked me if I could get rid of them, they could be considered a fire hazard. I apologized about them and said no problem, that weekend I took care of it and got rid of the boxes.

Here's where the final and actual problem came to light. They did find out the cause of the leak and told my landlord it was his responsibility to take care of it and pay for it, but he was basically ignoring them, as he does. Nice guy but pretty useless at getting anything done. Anyway, my landlord then some time later forwarded on an e-mail to me that they sent to him, listing all the issues and loaded with legal threats etc etc, he didn't seem to care but apparently if he didn't get a plumber in to deal with it then they'd have to and they'd send him the bill, or a summons, or whatever. This is where I got concerned, at the very end of the e-mail was a note about the boxes "as per the videos we sent you after the first time we went into the apartment" and that they "still weren't cleared up"! Now obviously at this point they'd since been cleared up, but I didn't know that this was the building managements request, so I only let my landlord know that it was taken care of. Anyhow I responded to the e-mail myself and said, to the management company not my landlord, that if they wanna send a plumber in I won't stop them, just let me know when and what time.

So, it turns out the very first time the building manager (only there to find the leak, not as an official inspection of the apartment as an agent of my landlord, which must be legally requested via a letter etc etc) took a sneaky video of the interior of my apartment, the boxes specifically, and sent that to my landlord with a request to get me to dump them. He didn't ask me to do that of course, not until a few months later when he himself saw them while actually in my apartment and he asked me in person.

My issue here is what "legally" is the situation revolving around the building manager (not an agent of my landlord mind you) and his secretly video recording the interior of my home. Granted I let him into the place, but under the pretense of checking for the cause of a leak, in a professional capacity! Do I have a leg to stand on to at the very least get him to delete all copies of the video (apparently he sent them to the managements solicitors before the "warning" email as part of his threat to my landlord, so they seemingly have a copy too), and if what he did /was/ illegal and he needs to delete the videos, is it in my rights to demand that I get it in writing from him and his solicitors that t he videos have been deleted.

Now before anyone asks I do not have anything to hide, there's nothing he could have gotten on the videos that i'd want deleted to protect myself from one thing or another, i'm purely curious about this entirely because of the principal of it, I strongly feel like my right to privacy has been greatly infringed upon and frankly I don't think he should get away with that. I'm not looking to sue him or run him through a grinder, I literally just want the videos deleted and his/their word that they deleted said videos, so that he's aware that he has no right to do that again to other people in the future!

As for what proof I have that he took those videos it's the e-mail he sent to my landlord, his own e-mail that he wrote himself, admitting to having taken the recordings. So any and all information by someone with the knowledge on the subject would be greatly appreciated. Thank you!

nb. Thankfully I am moving out of this place soon so I won't have to deal with the building manager again in the future, for many other reasons irrelevant to this specific situation he is just not a pleasant person.

ohnonotgmail

in the first instance you could reply to the building manager and ask them when you gave permission for them to film in your apartment.

GWil

https://www.boards.ie/discussion/comment/118793866#Comment_118793866

Did he need my permission, that's the thing I can't seem to find out myself. And if so does this mean I can make the request that he delete them and send me confirmation that they are deleted, under threat of legal action?

ohnonotgmail

https://www.boards.ie/discussion/comment/118793884#Comment_118793884

permission to enter is not permission to record video. ask the question. see what they say. they may realise they have screwed up .

Dr Karl

The Data Protection Commissioner will be able to advise you. I think since GDPR came into force they can issue fines. Here is link for their contact details

http://www.dataprotection.ie/en/contact/how-contact-us

CreadanLady

Well you won't find anything in the Residential Tenancies Act about permission or not for filming nor will it be covered by the PSA CCTV legislation i doubt because it isn't a security camera system.

I would say that if you give permission to do an inspection, they could quite legally take pictures and so on unless you specifically granted permission on the condition that they would not take pictures and videos.

I'd say it just is what it is and there is nothing you can do now, other you only give conditional permission next time they want to inspect.

Like what would you realistically want as the desired outcome even if you did challenge them on it? Take them to the RTB or court and sue for damages? Or do you just want to have rant at them? If the latter, and that is all that could happen realistically, just save your breath because it won't do anyone any good at this point.

And by the way an inspection is an inspection, there is no such thing as official or non-official. Whether it was agreed verbally or writing is neither here nor there, it would still be considered an inspection under the RTAs.

Claw Hammer

It is not a data protection issue unless the O/p cannot be identified from the video. It is a trespass and failure to allow you peaceful enjoyment of your dwelling.

GWil

https://www.boards.ie/discussion/comment/118794073#Comment_118794073

Yeah I checked all the residential and privacy legislations I could, and I couldn't really find anything concerning videos being taken by someone invited into my home. I may go down the route of the DPC that Dr Karl linked, at the very least if they still have copies of the video and I can request they get deleted via the DPC then that'd be exactly what I want.

My goal isn't to take legal action, or to have a rant really, just to make a point I guess is the best way I can put it. If there is some sort of legality involved then I simply wanted it to be known to the management company through the most minimal legal recourse I could take, that may very well be via the DPC.

As for the inspection I was referring to a Formal Inspection by my landlord or an agent of my landlord, which very much is a thing. I used it to confirm that it wasn't a formal inspection as requested by my landlord, but just temporary access for the building manager to get a job done.

EDIT LINK WAS HERE: Seemingly I can't post links yet, lol. But if you simply google "landlord right to formal inspection" it should be the first option, on the RTB website!

Neither of the occasions where they were let in fall under the requirements in the link I posted, so it was more of a point that in regards to the link and the details in it my ass was covered. The Landlord needs to make the request for a routine inspection (generally in writing if i'm not mistaken), neither times they visited was that done so neither of them fall under that definition legally.

I do get what you're saying about just dropping it, and honestly that is likely what i'll do if the DPC route ends up going nowhere, I definitely don't wanna create some long drawn out legal process, the main goal was entirely just to prove a point on the principal of what he did doesn't feel right or legal, you know?!

noodler

It's a difficult one in a way.

Unless the LL is there when the inspection takes place, he will need documented evidence of the issues raised (a leak, damp in ceiling or what have you).

ohnonotgmail

https://www.boards.ie/discussion/comment/118794073#Comment_118794073

taking video directly related to the issue being investigated may not be an issue but filming the rest of the apartment would.

CreadanLady

@ohnonotgmail Would it? And what legal provision says that it is?

If there is not personal data in the recording, then the Data Commissioners aren't going to give to tupny hoots about it.

The RTAs make no reference to it. All that could be done in future is to grant permission to inspect only conditional to them not taking videos.

Now, sure enough, it would have been a good courtesy to ask him could they take video. But you can't take someone to court for not having the level of courtesy you might expect.

Realistically all OP can do is throw a small wobbler at how shocked he was that they didn't ask to take video, and say to them that he won't be allowing any more inspections unless they promise to not take video or pictures.

tjhook

Or just don't allow any inspections/visits beyond those you're legally required to facilitate - and even those at a date/time that suits you. And if they ask why, tell them. If your civility is going to be used against you, don't be civil.

goingnowhere

The vast majority of apartment leaseholds grant considerable authority for the management company to gain access right down to forcing entry in an emergency for inspection, repair etc. Any attempt to restrict or interfere with this legal obligation would find you in very hot water.

Any engineer sent to perform an inspection will photograph and video, it is best professional practice and has saved many an engineers career later on.

Engineers are required by membership of a professional body to report any issue they see even if it is beyond the scope of their engagement to the responsible person/owner, so if they see a fire hazard they are professionally obliged to report it.

Lenar3556

I don’t think there is much to pursue here OP. There was a leak - access to the apartment was requested by agents of the owners managment company who contacted the leasee, who in turn sought your agreement being the tenant. There was consent to access in the investigation/resolution of this issue.

It appears that in the course of the visit, a seemingly rather dutiful managing agent identified what he thought may be a fire hazard. He documented same by way of a video.

I would struggle to see there being any particular issue with the legitimacy of the video recording. In any case it is very unlikely to be of any interest to the DPC.

Out of curiosity, was there a very large amount of cardboard?