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.