A few years ago, we had a break-in and after that we installed a security system including cameras. We haven’t had any issues since then. We are now in the process of preparing our house for sale and our estate agent has asked for information on our cameras as we may need to inform viewers that the cameras are recording. Is it better to have cameras on or off during viewings? What is best practice in this regard?
The whole area of recordings, data sharing, how much information Big Brother has on us is very topical; our phones, apps, Alexa, Google Maps, Snapchat maps, my-location services and so on are all tracking our lives on a 24/7 basis. You can’t even attend a Coldplay concert these days without being tracked. How often have you had a conversation with your spouse about replacing that oil boiler with a heat pump and then all you get on your Google prompt are details of the best-value heat pumps for sale in your area? So if they can track us, follow us, listen to us and observe us, why is there such a concern about a recording doorbell at home? It’s all to do with the General Data Protection Regulation (GDPR), and a little bit of common sense.
I tried contacting the Data Protection Commission (DPC) and got an automatic response to say that they should revert in 20 working days – that’s a month to you and me. So rather than wait around, I’ve had a look at the legislation. My reading is that it does not appear that data-controlling obligations apply to individuals where the “processing is by a natural person in the course of purely personal or household activity”.
A “natural person” is obvious and includes most private individuals/householders. The legislation does not provide a specific definition of “personal” and “household” activities, but I guess the definition is obvious enough: I can look at a recording I’ve taken of you in my house, but I cannot publish it. The exception (for the processing of data carried out by a natural person in the exercise of activities which are exclusively personal or domestic) must therefore be interpreted as relating only to activities which are carried out in the course of private or family life of individuals. Don’t forget that this refers only to what’s recorded inside your house curtilage, not on the footpath.
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Much of the published information on the DPC’s website relates to what our rights are as individuals in relation to the collection of our personal data by organisations; what they can and can’t collect, how that information is processed, retained and disseminated, and so on. There’s plenty on the obligations of organisations – what they can and can’t collect, and what should and shouldn’t be done. But I couldn’t find much on the actual obligations of a private householder in relation to the collection of data. So, while I can’t say the legislation is clear, it certainly looks as if there is no obligation on me to inform you if I’m capturing you on CCTV camera moving around on or inside my property. Or what I do with data inside my four walls.
However, there is “best practice”. My professional organisation, SCSI, has published a guide to Processing Personal Data from Prospective Purchasers During the Property Sales Process. In its very simplest terms, should they feel the need to record the viewing activity, homeowners should inform visitors through clear signage that there are recording devices on the premises, or alternatively not record at all.
Personally, I prefer that there is no recording at all. As common courtesy, the agent should be made aware either way. From an additional, purely practical perspective, homeowners can take viewers’ negative comments personally, and to be perfectly honest there needs to be separation between the principals in the transaction. After the viewing, the agent can let you know when they have finished, and you can start recording again remotely.
Separately, the guide also deals with what information should be obtained from viewers in advance of viewings, and how that information is stored and dealt with. It’s a very useful guide for both sellers and buyers and I would advise anyone looking for information on this topic to consult it.
Ed Carey is a residential estate agent and a member of the Society of Chartered Surveyors Ireland
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