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Fairhurst v Woodward: UK County Court finds smart doorbell/CCTV audio and off‑property recording breached UK GDPR; limited legitimate interests; compliance lessons for domestic and business surveillance

Published on: 22 October 2021

Published by a LexisNexis Information Law expert
Legal News
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Article summary

A recent county court judgment throws a spotlight on CCTV/video camera surveillance and data protection, including the lesser-discussed issue of audio recording. André Bywater and Jonathan Armstrong, lawyers at Cordery in London with a compliance focus, outline the ruling’s key data protection points.

Fairhurst v Woodward case no G00MK161 What are the practical implications of this case?

As a county court decision, this is not binding authority. Nevertheless, with the spread of smart doorbells and other video and audio recording systems, it offers a helpful illustration of questions that courts and regulators are likely to face in future. Although the claim concerned a domestic property, the same issues can also arise for businesses, serving as a reminder that both individuals and organisations must take data protection compliance seriously when using surveillance systems.

UK businesses should consider the most privacy-compliant way to configure their CCTV/video surveillance, including:

  • what areas the cameras should capture?
  • how to position cameras to avoid intruding on the property of others or any shared or...

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