Showing posts with label Human Rights Act. Show all posts
Showing posts with label Human Rights Act. Show all posts

Tuesday, July 24, 2012

Human Rights Act for CCTV


It is possible that CCTV usage could well be viewed as a possible infringement/invasion of your Human Rights under the Human Rights Act 1998.

So what do you do if your Neighbor is pointing their CCTV at you?
The Human Rights Act of 1998 could assist you and we would advise you to gain thorough advice from a solicitor who has expert specialist knowledge in this area.

The right contained in Article 8 is known as a qualified right which means that there may be circumstances in which some interference with it is justifiable. This right means that an individual has the right to the level of personal privacy which is compatible with a democratic society, taking into account the equivalent rights and freedoms of others. Any interference with this right by a public authority may be subject to a test of acceptability.

The state and public authorities are permitted to interfere with an individual’s Article 8 right to privacy if the interference has an obvious legal justification. Amongst other reasons, this could be because the interference is necessary to protect national security or for the prevention of crime. In addition to having a clear legal justification, the amount of interference with the right must be proportionate to the end result achieved and only go as far as is required to achieve that result.

Public authorities, including the police and local councils, must balance the benefits of using CCTV against an individual’s right to privacy.
The HRA is superior to all other legislation and should always take first preference. We advise you to seek specialized knowledge from a Solicitor who is an expert within Human Rights Issues and Legislation, it is an extremely complex area of legislation.