My flatmate has been filming me - is this legal? Watch

Proker
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So my flatmate put up cameras in his room since 2 months ago (we don't get on and are not on speaking terms).

I noticed it 2 months ago but left it because as above, we weren't on speaking terms. So I said to myself mentally 'pathetic' and just left it.

Today I suddenly decided, you know what, let me check it out, if it's real or fake etc. Turns out this is also an AUDIO recorder, and this is what upsets me.

He would leave his door open, camera facing outside. Now why I don't like this is that I may have had personal and/or confidential phone calls taking place outside his room - especially as there is no signal in my room I go outside or to the front room to make calls etc. Some of these calls have been very personal. His camera will have picked it up as front room is very close and doors all open.

I'm just astounded and fuming. We haven't got on for a while but he has no reason to put up cameras, no reason even for suspicion. I have never taken anything from his room and he has never spoken up to suspect anything.

Considering this camera receives audio from outside .. is this even legal? What can I/should I do?

Because we unfortunately have to live together for another 5 months and it's unbearable quite frankly. I'm now worried that for all I know he has been inside my room and taken things himself.
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doodle_333
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Why would he have been in your room? That's just irrational paranoia or trying to motivate your anger.

A really private phone call wouldn't take place in a corridor where everyone can hear you and walk in when they want.

Why not just talk to him about the cameras? They may not be recording, if they are I doubt he keeps or watched the footage. You can also ask him to keep his door closed if there are cameras, that's reasonable.
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Proker
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(Original post by doodle_333)
Why would he have been in your room? That's just irrational paranoia or trying to motivate your anger.

A really private phone call wouldn't take place in a corridor where everyone can hear you and walk in when they want.

Why not just talk to him about the cameras? They may not be recording, if they are I doubt he keeps or watched the footage. You can also ask him to keep his door closed if there are cameras, that's reasonable.
You are quizzing me as if I was the odd one here.

A private phone call takes place in the premises in which one lives, if one assumes that the other people in the property are not present. I don't expect filming to take place from one of the flatmates, without my knowledge.

Why would he have been in my room? I mean why is he filming from his room? It's very odd so he must be thinking about these things.
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doodle_333
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(Original post by Proker)
You are quizzing me as if I was the odd one here.

A private phone call takes place in the premises in which one lives, if one assumes that the other people in the property are not present. I don't expect filming to take place from one of the flatmates, without my knowledge.

Why would he have been in my room? I mean why is he filming from his room? It's very odd so he must be thinking about these things.
in student halls there is almost always other people present and you don't know who are in their rooms, you can always be overheard

The guy is recording his own room for his own security... don't see why that gives any indication he'd steal from anyone else. I can see why you don't want the camera pointing out of an open door but that's an oversight, not a deliberate attempt to video your private phone calls.

I'm not saying you're being odd. I'm saying you're hugely overreacting and you'd feel much better if you got things in perspective.
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Tiffany42
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It's illegal
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Anonymous #1
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Consult your university's law centre or a solicitor if you are able to

This isn't legal advice but under data protection laws you're often required to let people know they are being recorded, even on private premises
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Zarek
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How did you check it out
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usernameabcdef
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Its not illegal to put up cameras to stop people trespassing
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Anonymous #1
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(Original post by TheGoodNigger)
Its not illegal to put up cameras to stop people trespassing
No but it is a breach of data protection laws if those who aren't trespassing aren't informed of the recording before entering

Also your username is highly innappropriate
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Dannyboy2015
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Take his camera and throw it away. Then tell him the next time he wants to be a creep and record you in a place where you have a reasonable expectation of privacy, you will be asking the estate-agents to kick him out.
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DarthRoar
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(Original post by Tiffany42)
It's illegal
(Original post by Anonymous)
This isn't legal advice but under data protection laws you're often required to let people know they are being recorded, even on private premises
(Original post by Anonymous)
No but it is a breach of data protection laws if those who aren't trespassing aren't informed of the recording before entering
The Data Protection Act regards data collected by organisations, businesses, or the government. Your flatmate is a private individual recording for his own non-commercial uses. Data protection laws do not apply.

Furthermore, you have no reasonable expectation of privacy in his room where he is recording thus he is free to record in there as he pleases. The audio would not pick up anything he would not otherwise be able to overhear and thus is not illegal.

Strange of him sure, but definitely not illegal.
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Dannyboy2015
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(Original post by DarthRoar)
The Data Protection Act regards data collected by organisations, businesses, or the government. Your flatmate is a private individual recording for his own non-commercial uses. Data protection laws do not apply.

Furthermore, you have no reasonable expectation of privacy in his room where he is recording thus he is free to record in there as he pleases. The audio would not pick up anything he would not otherwise be able to overhear and thus is not illegal.

Strange of him sure, but definitely not illegal.
In other areas of their house they would have an expectation of privacy, but in any event the landlord would likely find this creepy and just terminate their tenancy asap.

Which means problem solved.
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nonotyoutoo
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(Original post by Dannyboy2015)
In other areas of their house they would have an expectation of privacy, but in any event the landlord would likely find this creepy and just terminate their tenancy asap.

Which means problem solved.
It's risky asking the landlord to take sides in flatmate disagreement.

The other guy could turn around and say its because she's been thieving in his room so he put up cameras for his peace of mind.

There is no good way for a third party to get in between two people who don't live well together.
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Dannyboy2015
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(Original post by nonotyoutoo)
It's risky asking the landlord to take sides in flatmate disagreement.

The other guy could turn around and say its because she's been thieving in his room so he put up cameras for his peace of mind.

There is no good way for a third party to get in between two people who don't live well together.
Yeah... except for most landlords would find it extremely creepy and actually the people you complain to a problem tenant about is exactly them.
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DarthRoar
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(Original post by Dannyboy2015)
In other areas of their house they would have an expectation of privacy, but in any event the landlord would likely find this creepy and just terminate their tenancy asap.
Well not really. The other areas are shared areas so there's no reasonable expectation of privacy there either. You're not going to waltz in naked to a shared kitchen. He would, however, have a reasonable expectation of privacy in his own room, or a bathroom.

To be honest, I don't think it's that dodgy to put up a camera in your own room. It's exactly what I'd do if I thought my flatmate might want to steal my stuff.
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nonotyoutoo
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(Original post by Dannyboy2015)
Yeah... except for most landlords would find it extremely creepy and actually the people you complain to a problem tenant about is exactly them.
And not creepy that his housemate is sneaking into his room to check out stuff?
I mean that just proves the point why he wanted to have them put up in the first place
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Dannyboy2015
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(Original post by DarthRoar)
Well not really. The other areas are shared areas so there's no reasonable expectation of privacy there either. You're not going to waltz in naked to a shared kitchen. He would, however, have a reasonable expectation of privacy in his own room, or a bathroom.

To be honest, I don't think it's that dodgy to put up a camera in your own room. It's exactly what I'd do if I thought my flatmate might want to steal my stuff.
And then leave your door open so you can film everything outside of it too? Besides the problem is the audio here. If you're concerned people are stealing things, get a lock put on the door. If you want to film people running half naked to the shower buy a camera and leave your door wide open 24/7.
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DarthRoar
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(Original post by Dannyboy2015)
And then leave your door open so you can film everything outside of it too? Besides the problem is the audio here. If you're concerned people are stealing things, get a lock put on the door. If you want to film people running half naked to the shower buy a camera and leave your door wide open 24/7.
Or maybe he just leaves the door open because he's lazy? OP, maybe ask him to keep it closed. It might be reasonable for OP to ask him to disable the audio recording. Landlords may not allow the installation of a lock, so.
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hallamstudents
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Yes it's weird but I think he's probably doing it for security purposes. Because you're not on speaking terms maybe you could ask another flatmate to ask him about the cameras? If it's making you uncomfortable maybe you could slip a polite note under his door and hopefully you can come to a compromise.

Lucy
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winterscoming
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(Original post by DarthRoar)
The Data Protection Act regards data collected by organisations, businesses, or the government. Your flatmate is a private individual recording for his own non-commercial uses. Data protection laws do not apply.
That's not accurate. The law can indeed apply to private individuals who have CCTV - http://researchbriefings.files.parli...03/SN01803.pdf
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