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Guys,
RIPA does not apply to this situation because D.Ritchie08 is not a Public Authority so forget it! However, I would use it as 'best practise'. The DPA does not apply also if the CCTV is covert as a last resort.
If he is to go to the Police with video evidence, he is perfectly able to put a CCTV camera covering the area concerned if he makes these considerations:-
Installing a camera is a last resort - I presume it is
Is it necessary - yes it is
Is it proportionate - yes, so long as he does not have 50 cameras a seismic sensor and a tank to waste them away.
You minimise collateral intrusion - only point the camera at the areas concerned. It may be that you record 'innocent' passers by but you must takes steps to minimise this by tilting the camera or using a narrow angle lens.
Put up a sign stating 'Area covered by CCTV' to act as a deterrent. This may not deter the vandals but you have taken steps to inform them. Under the Data Protection Act this is necessary unless it is covert and as a last resort. SO you don't necessarily have to do this.
Ensure the video has a date / time stamp on it (not absolutely essential but really helps your case)
Use a fresh video tape. If you obtain a recording of vandalism, preserve the integrity of the tape (now evidence). Call the fuzz and Gene Hunt will give them a kicking!
If the culprits were caught and their solicitor decided to contest that the video evidence was obtained unlawfully a judge will be thinking: were your actions fair, unavoidable, a last resort, did you take into account any collateral intrusion....
Cheers
Peter
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