CCTV: Burglars have rights

MadsL · 12-02-2014 11:48PM #1

Here's a doozie.

http://www.independent.ie/incoming/man-who-captured-thieves-on-film-forced-to-remove-footage-from-website-30004205.html

A guy who set up a website to try and catch the guys who robbed him has been told to take down the footage as it infringes the burglers data protection rights.

Personally, I think on balance this is probably a good decision in order to prevent vigilantism, but I'm sure some are still going wtf?

I dont Wash Myself · 12-02-2014 11:51PM

And in other news
A man has shot dead an unarmed teenager because the music was too loud in his car

http://www.theguardian.com/world/2014/feb/12/florida-man-michael-dunn-murder-loud-music

Gran Hermano · 12-02-2014 11:54PM

I'd leave it up until the 'alleged burgular' contacts me in writing requesting I take it down.
Pretty sure they'll have to provide contact details when requesting the info under DP act.

Tangatagamadda Chaddabinga Bonga Bungo · 12-02-2014 11:54PM

It's always the goddam Amish!!!

Terrorist scum if you ask me, absolute terrorising terroristic terrorisers.

Cantremember · 12-02-2014 11:58PM

Tangatagamadda Chaddabinga Bonga Bungo wrote: »

.

No! It was a bunga bunga party. I'm sorry you went to the bonga bungo party and that you can't sit down for a few weeks.

MadsL · 12-02-2014 11:59PM

I dont Wash Myself wrote: »

And in other news
A man has shot dead an unarmed teenager because the music was too loud in his car

http://www.theguardian.com/world/2014/feb/12/florida-man-michael-dunn-murder-loud-music

What has this to do with the OP?

I dont Wash Myself · 13-02-2014 12:01AM

MadsL wrote: »

What has this to do with the OP?

I thought we were posting our most interesting news topics of the day

Apologies if I misunderstood the OP

entropi · 13-02-2014 12:04AM

So if these people are caught and end up on the evening news through the view of their (TV station) cameras, how is it that the news station could show them but this guy cannot? Sounds backwards to me

MadsL · 13-02-2014 12:09AM

entropi wrote: »

So if these people are caught and end up on the evening news through the view of their (TV station) cameras, how is it that the news station could show them but this guy cannot? Sounds backwards to me

I assume because they have been arrested.

Guy:Incognito · 13-02-2014 12:10AM

entropi wrote: »

So if these people are caught and end up on the evening news through the view of their (TV station) cameras, how is it that the news station could show them but this guy cannot? Sounds backwards to me

The news and programs like crimeline show cctv footage exactly like whats in the story all the time when trying to trace criminals. Surely this came up in the conversation?

wil · 13-02-2014 12:12AM

What rights do law abiding citizens/homeowners/residents have?

The right to be victims?

wil · 13-02-2014 12:15AM

Guy:Incognito wrote: »

The news and programs like crimeline show cctv footage exactly like whats in the story all the time when trying to trace criminals. Surely this came up in the conversation?

Yes if I recorded that would I be breaking the law watching Crimeline breaking the law showing criminals (allegedly) breaking the law?
Boom:eek:

hfallada · 13-02-2014 12:16AM

Does our courts believe innocent until proven guilty. What if one of these men is misidentified and some innocent man that looks familiar is accused?

Temptamperu · 13-02-2014 12:17AM

wil wrote: »

What rights do law abiding citizens/homeowners/residents have?

The right to be victims?

Yes and the police do nothing about it. After a few houses on my road got burgled including my own they said they would look into it. Since then i haven't seen one patrol or even a squad car.
its only interesting to them if its a business getting done in. Feck the prolats.

wil · 13-02-2014 12:20AM

hfallada wrote: »

Does our courts believe innocent until proven guilty. What if one of these men is misidentified and some innocent man that looks familiar is accused?

one would assume the gardai are well capable of using common sense and any other evidence to rule him out. I'm sure misidentification happens in many cases as it is.

CB19Kevo · 13-02-2014 12:21AM

Its on his private property,They entered his property.
As far as i see it he should leave it online and tell them Feck off.
It would be different if he was recording his neighbor's property.

demanufactured · 13-02-2014 01:12AM

The only rights any burgler has are the rights to have their legs broken.

Boombastic · 13-02-2014 01:18AM

wil wrote: »

one would assume the gardai are well capable of using common sense and any other evidence to rule him out. I'm sure misidentification happens in many cases as it is.

One would assume but then this is the gardai, so your probably over estimating them

the_syco · 13-02-2014 01:49AM

The CCTV footage shows the thieves climbing the wall outside his house

He edits out this piece, and it's all legal, me thinks?

Think_then_talk · 13-02-2014 02:55AM

I saw the cctv footage 4 of them. They knew they were on Cctv they even moved 2 of the cctv cameras so not to be seen commiting a crime. Their was a court case a while back. Man charged with crimnal damaged said his rights were infringed as he was caught on cctv doing damage to an others property. He lost the case and was convicted. http://tinyurl.com/kseosl5 .

Mr Water's covered his private property he did not ask them to break in they did that themselves. He only asked the public to contact Garda he even gave his crime report number for them to quote with any info.
Maybe the data protection lot should be charged with perverting the course of justice.

Fred Swanson · 13-02-2014 03:02AM

This post has been deleted.

sawdoubters · 13-02-2014 03:48AM

I think the burglars have to make a complaint before he has to take it down

he should have had cameras hidden he should also captured the car

if he had ip camera he would have got photos to his phone and called the guards

http://www.dataprotection.ie/docs/LAW-ON-DATA-PROTECTION/795.htm

Cookie_Monster · 13-02-2014 04:10AM

The letter told Mr Waters that he doesn’t have permission to make the footage public, because of protection under the law.

“The images that are captured on film are personal data,” the letter said.

Today, Mr Waters said: “Unless I get the criminal’s consent, I’m committing a crime,”

So is that only for crimes then or will every youtube video uploaded in Ireland need to be removed for using personal data of any caught in them?

CrazyRabbit · 13-02-2014 05:48AM

Hmm...this is the 2nd instance in Irish/EU law where looking at images of a crime is a crime in itself. Odd.

MadsL · 13-02-2014 06:34AM

CrazyRabbit wrote: »

Hmm...this is the 2nd instance in Irish/EU law where looking at images of a crime is a crime in itself. Odd.

Which was the other one?

moxin · 13-02-2014 08:41AM

I watched both sets of video, there is no way one can positively identify the burglars, their faces were covered! In that case whats the problem with the Data Commissioner, unless the DP knows the culprits?

Ush1 · 13-02-2014 09:13AM

sawdoubters wrote: »

I think the burglars have to make a complaint before he has to take it down

he should have had cameras hidden he should also captured the car

if he had ip camera he would have got photos to his phone and called the guards

http://www.dataprotection.ie/docs/LAW-ON-DATA-PROTECTION/795.htm

Unless the burglars sat there making tea, most likely they would be long gone by the time the guards arrive.

Dravokivich · 13-02-2014 10:43AM

On the Data Protection site it states:
http://www.dataprotection.ie/docs/Data_Protection_&_CCTV/242.htm

Domestic use of CCTV systems.

The processing of personal data kept by an individual and concerned solely with the management of his/her personal, family or household affairs or kept by an individual for recreational purposes is exempt from the provisions of the Acts. This exemption would generally apply to the use of CCTVs in a domestic environment. However, the exemption may not apply if the occupant works from home. [ Where the exemption does apply, a person who objects to the use of a CCTV system - for example, a neighbour who objects to images of her/his property being recorded - may be able to take a civil legal action based on the Constitutional and Common Law right to privacy.]

So... how is it a data protection issue?

keithclancy · 13-02-2014 10:46AM

Fred Swanson wrote: »

This post has been deleted.

Or even in the EU, host it in the Netherlands and its under the remit of the Dutch Data Protection Act.

The only rule in the Netherlands is that the recording must not be secret, i.e. cameras should be visible.

Czarcasm · 13-02-2014 11:23AM

Dravokivich wrote: »

On the Data Protection site it states:
http://www.dataprotection.ie/docs/Data_Protection_&_CCTV/242.htm

Domestic use of CCTV systems.

The processing of personal data kept by an individual and concerned solely with the management of his/her personal, family or household affairs or kept by an individual for recreational purposes is exempt from the provisions of the Acts. This exemption would generally apply to the use of CCTVs in a domestic environment. However, the exemption may not apply if the occupant works from home. Where the exemption does apply, a person who objects to the use of a CCTV system - for example, a neighbour who objects to images of her/his property being recorded - may be able to take a civil legal action based on the Constitutional and Common Law right to privacy.

So... how is it a data protection issue?

I would interpret the above to mean that publishing the CCTV footage online is where the guy may have broken the law -

But on Wednesday he revealed that less than two hours later the Data Protection Commissioner sent him an email warning him he was breaking the law.

It stated: “This office views a photograph or image of an individual as personal data. In accordance with the Data Protection Acts 1988 & 2003, a data controller can only process the personal data of an individual with their consent.

“The commission or alleged commission of an offence is considered to be sensitive personal data.”

Source: Irish Mirror

pickarooney · 13-02-2014 11:34AM

It's me in the footage and I grant my consent.

CCTV: Burglars have rights

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