Have you been subject to a CCTV data breach? Are you wondering whether you could claim? This article will explain CCTV data breaches domestically and in the workplace. We will also explain claims against neighbours and the possible compensation you may be eligible to receive.
CCTV data breaches are a complex part of the law as homeowners and businesses include it as a key part of safety measures, monitoring their homes and workplaces to ensure the environment is adequately safe. However, if you have suffered due to a personal data breach caused by wrongful conduct on the part of an organisation that was supposed to protect your personal data, you could claim.
Our advisors are available 24/7 to answer any of your questions about CCTV data breaches and they can find out whether your claim is valid. They may pass it to our panel of No Win No Fee solicitors who can provide legal guidance to help begin the claim. Contact us today by:
Select A Section
- When Is CCTV A Breach Of The UK GDPR?
- Data Breaches Involving CCTV In The Workplace
- CCTV Data Breach Claims Against A Neighbour
- What Could I Get For A CCTV Data Breach?
- Contact Us To Claim For A CCTV Data Breach
The UK General Data Protection Regulation (UK GDPR) defines a data breach as a security incident whereby your personal data is altered, disclosed, lost, destroyed or accessed without a lawful basis. Personal data can fall under both personal and special category and can include:
- Date of birth
- Home address
- Email address
- Political affiliations
- Health data
- Religious or philosophical beliefs
In the case of a CCTV data breach, your personal information can also include images of you, your licence plates and your house address number (if visible).
The following authorities are responsible for collecting and processing your personal data:
- Data controller – The natural or legal person, or authority, that determines how the data is used.
- Data processor – The authority that a controller can hire to process personal data on their behalf.
This article will break down how CCTV data is breached in the workplace and for personal use. For more information on personal data breaches under the UK GDPR, contact our advisors today
According to the Health and Safety Executive (HSE), surveillance and CCTV can be a part of a workplace’s health and safety regulations. It can help to reduce work-related risks by:
- Helping staff and customers feel safer
- Acting as a deterrent
- Helping to direct staff and security where necessary
- Enabling the collection of evidence of incidents
Our advisors can help find out whether you have been subject to a data breach in the workplace as it can be complicated in determining what is within your rights and the workplace’s rights. Contact us today to understand more about a CCTV data breach in the workplace.
Steps Employers Can Take To Follow The Data Protection Act 2018
It is vital that the workplace business, the data controller, abides by the rules established in the UK GDPR. The legislation outlines 7 principles that are at the core of data protection rules and regulations, which are:
- Lawfulness, fairness and transparency – To process data lawfully, fairly and transparently.
- Purpose limitation – Collect data for an expressly specific and legal purpose.
- Data minimisation – Limit collected data to what is necessary, reasonable and relevant.
- Accuracy – Ensure information is accurate and any incorrect data should be erased.
- Storage limitation – Information is only kept for the necessary time period according to why it needs processing for an explicit purpose.
- Integrity and confidentiality (security) – Data is processed with security in mind including protection against unauthorised processing as well as loss, disclosure, damage or destruction.
- Accountability – The controller and processor are responsible for the security of the data.
Therefore, the data controller can take practicable steps to ensure that they are following data protection rules and ensuring they respect an individual’s privacy. Some examples of steps an authority can take include:
- Making sure people know they’re being recorded
- Stating why they’re using CCTV
- Controlling who can access the CCTV
- Deleting footage when it isn’t needed
However, if the authority in control of processing your data does not follow these steps, they may have breached your personal data and you could have grounds for a claim.
CCTV can be a useful tool that many people employ in the UK to keep their personal properties safe. However, these too can be subject to data protection regulations established in the Data Protection Act 2018 (DPA) and the UK GDPR.
The Information Commissioner’s Office (ICO) published an article for guidance for domestic CCTV systems stating that CCTV must only be used on your ‘private domestic property’, which is the boundary, potentially including the garden, of your personal residence. If your CCTV captures footage outside of your property then you become subject to data protection regulations.
ICO Guidelines On Using Domestic CCTV Systems
If a person does capture CCTV footage of people outside their home’s boundaries, there are still steps they must take to ensure they are not violating privacy and data protection. For example, they should:
- Be transparent about CCTV
- Ensure they don’t capture footage beyond the scope of its original purpose, i.e. security surveillance
- Make sure the footage is stored safely and securely
- Keep the footage for a necessary amount of time and then erase it
- Ensure CCTV is not misused by the people with access
- Respond to subject access requests (SARs) if received
- Delete footage of people if asked to do so
- Consider the objections of any person about capturing their image in the future
If you fail to comply with data regulations, you may be subject to ICO enforcement actions, such as a fine. However, if you are capturing images within your home boundary, it is not subject to UK GDPR data breach law.
For example, if you are filming your front garden and your CCTV also captures part of the pavement outside of your residence which can film people’s faces as they walk by, you may be subject to data protection laws as a data controller.
Contact our advisors today for free legal advice around a domestic CCTV data breach claim and our panel of lawyers may be able to provide legal counsel if you have grounds for a case.
The CCTV data breach compensation you could receive in a successful claim could consist of two damages, which are:
- Material damages – This is damage to your finances that the data breach causes. Your personal data being stolen can negatively impact your finances. It can compromise your bank accounts and identity.
- Non-material damages – The mental harm suffered can include paranoia, anxiety, depression and stress among a number of other mental health distresses.
The amount of compensation you could be eligible to receive for a successful claim is outlined by the Judicial College Guidelines (JCG). This is a publication solicitors use when valuing injuries. The table below shows possible compensation sorted by injury type and severity level.
|Severe mental damage generally (a)
|£51,460 to £108,620
|Notable problems with coping with work, education, life and relationships. Award affected by treatment, vulnerability, prognosis, and whether medical help was needed. An abuse of trust is relevant to the award.
|Moderately severe mental damage generally (b)
|£17,900 to £51,460
|Optimistic prognosis with the same factors noted above.
|Moderate mental damage generally (c)
|£5,500 to £17,900
|Prognosis improvements. Work-related stress can fall under this bracket.
|Less severe mental damage generally (d)
|£1,440 to £5,500
|Award depends on the period of disability and effects on activity and sleep.
|Severe anxiety stress disorder (a)
|£56,180 to £94,470
|Permanent effects preventing working at all or to the pre-trauma level. All aspects of life are negatively impacted.
|Moderately severe anxiety stress disorder (b)
|£21,730 to £56,180
|Better prognosis with professional help. Effects likely to cause significant future disability.
|Moderate anxiety stress disorder (c)
|£7,680 to £21,730
|Largely recovered and any continuing effects are not vastly disabling.
|Less severe anxiety disorder (d)
|£3,710 to £7,680
|Near full recovery within one to two years with lasting minor symptoms.
Contact our advisors to find out the potential value of your data breach claim today.
If you want to pursue a CCTV data breach claim, our advisors can help determine whether your case is valid and could forward you to our panel of No Win No Fee solicitors.
The No Win No Fee agreements our expert solicitors offer are Conditional Fee Agreements (CFA) and they can be very beneficial. Hiring a CFA lawyer does not require any immediate costs and you do not pay anything if your claim fails. If your claim is successful, your lawyer will take a legally-capped percentage via a success fee from your compensation to cover their legal costs.
If you believe that our panel of No Win No Fee lawyers could help with your claim, then contact our advisors today by:
Please see our other helpful articles below:
Or check out these other informative links:
Contact our advisors today for more information on a CCTV data breach claim.
Article by AA