It is now quite clear to me that NWBC's complaints procedure is corrupt. I've complained, my comments were totally ignored and evidence not even referred to in the response. The stage two complaint reply simply says you had a response in stage one that answered all points. This is clearly not true.
Lets take the CCTV camera that I installed on the landing.
NWBC were informed of it several years ago as it was part of the mission statement for Welcome street lights. Provide cctv to maintain security whilst lights were up. NWBC deny having this document.
Hence I applied for permission.
This permission has to date not been replied to.
I was told that I must remove the cameras because they breached data protection laws.
I have pointed out face to face and by phone and by letter that they do not break data protection laws.
NWBC stated that they asked Atherstone Police and they say that they do breach data protection laws.
Atherstone Police deny this and say NWBC have broken the law saying that they have. They can't have done because they haven't visited the site and wouldn't comment without doing so.
I complained quoting the information commissioners web address where it clearly states that home CCTV cameras for security and monitoring of own premises are exempt from data protection and are not invasion of privacy unless they are set up for monitoring of other people.
This system is set up to monitor my property and in such a way, at greater expense to minimise monitoring of other peoples property and comings and goings.
I asked why NWBC feels that they know better than a central Government body.
I asked in what way was it an invasion of privacy, I asked why they haven't bothered to consult the neighbours who I assume they think are having their privacy invaded.
The response I got at stage 1 was this....
Cameras
I note from your email that you have been monitoring the communal area via a CCTV system that you have installed. We have written to you on this matter previously and asked you to remove the cameras. You do not have any authority to monitor movements of other residents in the block (our view is it is an invasion of their privacy) and we have not provided permission for you to erect cameras. We therefore require you to remove the cameras immediately. If the residents of Welcome Street have concerns about crime in the area they should contact the housing division and we will work to resolve the problem.
So that was my reply.
Lets disect it
I note from your email that you have been monitoring the communal area via a CCTV system ( I've never ever said that I'm monitoring a communal area. I'm monitoring my front door and two cupboard doors but because of their location I also have site of some ofthe landing and two halves of stairway.Half up to my landing, bottom half up to the top landing) that you have installed.( I've never said I installed it) We have written to you on this matter previously and asked you to remove the cameras.(they wrote to me about two DUMMY cameras, which I did remove, NWBC was not aware of this camera until recently, they obviously have bad eyesight) You do not have any authority to monitor movements of other residents in the block (Again I've never said i'm monitoring movements of others, I'm monitoring my doors, the only movements I can monitor is people passing by which I can monitor via my door peep hole anyway. I can not see anything more of others movements than through the peep hole and can in fact see less via the camera, becaise I can see right into next doors flat via the peep hole. )(our view is it is an invasion of their privacy)(how exactly is it an invasion of privacy, they haven't even asked the the other tennant affected if they feel it is an invasion of privacy. I have and although they may lie to my face, they say they dont feel it is and some have commended me on installing them) and we have not provided permission for you to erect cameras( no they haven't because they haven't even bothered to reply) . We therefore require you to remove the cameras immediately.(on what grounds) If the residents of Welcome Street have concerns about crime in the area they should contact the housing division and we will work to resolve the problem.( we have, we do, we did, NWBC does absolutely nothing but tell us to join the so called tenant participation group or g to area forums which are a complete farce. They do nothing but pat each other in the back for doing what they thing is for the good of the community. Most of which I suspect don't know most of the people in their communities so wouldn't know what a community is all about.
Lets look at the links I provided.
www.ico.gov.uk/for_the_public/topic_specific_guides/cctv.aspxThis gives us this
Some uses of CCTV are not covered by the Data Protection Act; for example, the use of cameras for limited household purposes (such as to protect a home from burglary) - even if the camera overlooks the street (for more information on this, see our FAQ). If you are concerned that CCTV is being used for harassment, anti social behaviour or other matters dealt with under the criminal law, then these are matters for the police. Images taken for recreation, such as on mobile phones, digital cameras and camcorders, are also exempt from the Act. Law enforcement covert surveillance activities are covered by a separate Act - the Regulation of Investigatory Powers Act (RIPA) 2000 and the Regulation of Investigatory Powers (Scotland) Act (RIPSA) 2000.
www.ico.gov.uk/Global/faqs/data_protection_for_the_public.aspx#f89CC45B4-580B-4FCD-98A2-278DE2D7446CQ: My neighbour has installed a CCTV camera and it is pointing towards my house/garden. Is this a breach of the Data Protection Act?
If your neighbour’s camera is installed on their residential property and being used for their own personal domestic use, they are unlikely to be breaching the Data Protection Act. This is because the use of CCTV cameras for domestic security purposes is exempt from the data protection principles. This applies when a person uses CCTV to protect their home from burglary, even if the camera overlooks the street
or other areas near their home. If your neighbour is using CCTV for business purposes they will need to comply with the Act. If you are concerned about the use of domestic CCTV it may be worth contacting your local police. For more information, contact our helpline or read our CCTV code of practice.
NWBC have made no mention of these links and quotes in their response.
I then made a stage two complaint which again quoted the links and text.
The answer was....
I refer to the complaints you have made about the services you have recieved from the council and have investigated them under stage 2 of the council's complaints procedure.
The specific issues you raise relate to:
-Ramp to 8 Queens Road, Atherstone
-Site visit Friday, 9 October 2009
-Planters in communal areas in Welcome Street
-CCTV camera
-Bin store
-Roofing works at Welcome Street
As part of my investigation I have discussed the points you raise with the following officers:
Assistant Director (Housing)
Principal Housing Management Officer
Senior Housing Management Officer;and
Housing Maintenance Manager
I conclude the letters you have received on 2 November 2009 and 17 November 2009 fully address the points you have raised.
So there you have it, corrupt, they've asked the people involved and just taken their word for it, they've not investigated it or can't have read the letters sent or they'd know that those letters do not even mention the questions raised or mention the links to ICO.
Last night I was told that a tennant at polesworth actually had two full size CCTV cameras attached to his second story flat window sill and they've only been removed because he moved.
Latter I shall provide proof that NWBC have forced me to remove plants both on the porch roofs and landing and also with holding (permission that they have already given TWICE but now deny for more than two plants) whilst other tenants in other blocks have been allowed to keep dozens of plants and have balcony /window boxes.