security camera ?

[l15a27]

can anyone tell me the law on this as ive searched and seems unclear . a house 2 doors away from a pub is recording the front of the pub 24/7 the camera is only angled at the pub at not in their garden whatsoever is this legal ?

[Buenchico]

In general it's perfectly legal to photograph anything, or anyone, (using still or moving images) as long as the camera is located on the property of the photographer, or on property where permission has been granted for photography, or in a public place. For example, it's perfectly legal to stand in the street and take photographs of people in their gardens or (through their windows) in their own houses.

There are certain specific exceptions to what I've just written (including offences relating to official secrets, indecent photographs of children or sexual voyeurism) but they clearly don't apply to the situation you refer to.

There is also legislation in place relating to the use of CCTV for security purposes. The Data Protection Registrar (as he was then called) originally took the view that the legislation covered the use of CCTV cameras on domestic properties, as well as on commercial premises. However, following a court ruling, the Information Commissioner (as he is now known) has reversed that opinion:
http://www.ico.gov.uk...opic_guides/cctv.aspx

If the camera you're referring to was positioned solely so as to deter (or apprehend) burglars, there would be no doubt that its use did not fall foul of the Data Protection Act. It would probably need a test case to be brought before the courts to obtain a definite ruling on its legality when it's aimed at the pub, but it's likely that a court would rule that a householder has the same right to use a camera to protect his 'quiet enjoyment' (by monitoring and reporting any rowdiness from the pub) as he has to protect his belongings from burglars.

As someone who has taken tens of thousands of images of people, generally without their knowledge and never with their permission, I sincerely

[Buenchico]

. . hope that the general right to take photographs 'whenever and wherever' will always be retained.

Chris