Skip to main content

Insight article

December 23, 2021

Security camera neighbour comes unstuck

The Christmas holidays provide an opportunity to catch up with jobs around the house, but this could lead to trouble, as Mr Woodard found out when installing security devices around his home.

It takes a real-life case to breathe life into the law, especially one as dry as Data Protection flavoured with just a dash of Land Law. And for spicing up our lives, we should give thanks for the case of Mary Fairhurst v Jon Woodard.

How many people consider the Data Protection Act 2018 before installing security cameras. Jon Woodard, an audio-visual technician, living in Thame Oxfordshire, did not when installing cameras around his home, including a Ring Doorbell on his front door and two security cameras whose fields went outside the boundaries of his property. All three devices picked up sound and visuals, and he could watch and listen to recordings of his neighbours and other passers-by on his iPhone. His intention was to prevent crime.

In his enthusiasm for his inventiveness, he showed his neighbour a video of the captured data on his iPhone. The neighbour, a scientist, Dr Mary Fairhurst, was horrified and distressed so much by the knowledge he could pick up her comings and goings and conversations that, after failing to persuade him to compromise, she moved out of the home which she’d lived in for more than twenty years. The situation escalated after uncivil text messages on the part of Mr Woodard. As a result, Dr Fairhurst issued court proceedings claiming Mr Woodard had breached her Data Protection rights.

Mr Woodard argued that his camera collection of data and its processing was necessary to prevent crime, which was accepted as a legitimate interest. The question for the Judge was whether Dr Fairhurst’s right to privacy trumped this.

Helpfully the Judge distinguished between the audio and visual recordings. She found that the audio recordings were collected unlawfully on all three devices. The legitimate aim of preventing crime could be achieved without audio (or by an instrument whose microphone had a much more limited range than Mr Woodard’s devices, including the Ring Doorbell).

On visual data collected by the Ring Doorbell, the Judge found that Dr Fairhurst’s data was only likely to be collected incidentally as she walked past Mr Woodard’s front door. On balance, his crime prevention interest for visual data on that device did not override her right to privacy.

Mr Woodard’s other two devices collected visual and audio data outside the boundaries of his home. The Judge found that the claimed interest of crime prevention was not strong enough to outweigh the right to privacy of Dr Fairhurst. Accordingly, she found that Mr Woodard breached the Data Protection Act. Dr Fairhurst would be entitled to damages and injunctive relief (a remedy that restrains a party from doing certain acts or requires a party to act in a certain way).

The lesson to be learnt is that installing and using these security devices turns one into a data controller for Data Protection purposes. Still, it is also a helpful reminder that we should all strive to be good neighbours, even when challenging.

Contact John Gillette today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • When charity shouldn’t begin at home
    The downfall of the Captain Tom Foundation is a cautionary tale of what happens when a charity gets too close to home — highlighting the complexities of charity governance and accountability in the sector. The foundation, created to continue the fu


    Read more
  • Six tips to make things simple for your executors
    An executor is legally responsible for carrying out the instructions set out in a will.


    Read more
  • Staying ahead in a changing legal landscape
    Regularly reviewing employment contracts and policies is essential for legal compliance and risk mitigation. Stay updated on legislative changes, workplace trends, and best practices to protect your business and employees.


    Read more
  • RIAA Barker Gillette (UK) acts for Alexander Nix in Commercial Litigation
    Press Release


    Read more
  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more

What they say...

  • Mikaela, February 2025
    “Martin was brilliant – so professional and personable. He clearly has a lot of expertise, and we always felt were in safe hands. He’s always available to speak on the phone, and is incredibly patient and reassuring. He worked effic

  • Bibiana Farenzena, February 2025
    “Victoria Holland and Evangelos Kyveris I want to thank you for your involvement and efforts on this case. You have been immensely helpful, and I appreciate all your knowledge and advice regarding this matter.”

  • Dabid Shaw, February 2025
    “Excellent , personalised one to one client care. Options laid out in a comprehensible manner. Fees appropriate for service provided.” Herman Cheung

  • Michael, February 2025
    “Martin was great to work with, despite a very difficult first buyer, second time round was the charm! Thanks to Sharon too.”

  • Annette, February 2025
    “We contacted RIAA Barker Gillette to get our wills arranged. Herman was professional & helpful with all aspects of the process. He explained everything clearly, notified in writing everything we discussed & answered the many questions

Read more
Send this to a friend