Bailiff went round the house taking photographs.
Bailiffs walk round the house indiscriminately taking photographs of valuables and documents. You have a right to have the photographs destroyed.
You are at serious risk of being burgled or your bank accounts compromised.
There is no reason bailiffs need photographs of your documents and valuables other than to steal your bank details or pass them to someone to burgle your property.
If the police tell you that bailiff crime is a civil matter, you must take extra precautions because you no longer have police protection from crime and therefore your are possibly uninsured because police refuse to give a crime number. The police put bailiffs in a class above the law.
You must inform the police. on the non-emergency 101 number that bailiffs attended and photographed your valuables and jewellery. Give a full description of them. Make a record of the name of the person you speak to and what was said.
Tell your bank and say which bank accounts may have been compromised.
Give the bailiff company a notice of withdrawal of consent to process your data and erasure under Article 17 of the GDPR or section 47 of the Data Protection Act 2018.
Move and secure your valuables to another part of the property.
Take photographs of the valuables including diamonds and jewellery the bailiff has photographed. You may need this in case you are burgled and you have evidence of you owning them.
If the bailiff company fails to comply with your Article 17 notice, you can sue for material and non-material damages including the loss or theft of the valuables photographed, under Article 82 of the GDPR or Section 168 of the Data Protection Act 2018.
You must take fresh photographs of all your valuables including diamonds and jewellery, and record their value.
If you home is burgled and your valuables are stolen, you have evidence of their existence and their value - you have a suspect, as well as a police record of your original call to police on 101 after the bailiff attended.Procedure:
The Law:
Article 17 of the GDPR states:
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
Section 47 of the Data Protection Act 2018 states:
(1) The controller must erase personal data without undue delay where—
(3) Where a data subject contests the accuracy of personal data (whether in making a request under this section or section 46 or in any other way), but it is not possible to ascertain whether it is accurate or not, the controller must restrict its processing.
(4) A data subject may request the controller to erase personal data or to restrict its processing (but the duties of the controller under this section apply whether or not such a request is made).
Article 82 of the GDPR states:
2. Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.
3. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.
4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.
5. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.
6. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
Section 168 of the Data Protection Act 2018 states:
(1)In Article 82 of the GDPR (right to compensation for material or non-material damage), “non-material damage” includes distress.
(2)Subsection (3) applies where—
(a)in accordance with rules of court, proceedings under Article 82 of the GDPR are brought by a representative body on behalf of a person, and
(b)a court orders the payment of compensation.
(3)The court may make an order providing for the compensation to be paid on behalf of the person to—
(a)the representative body, or
(b)such other person as the court thinks fit.
Template "Notice to Erase" requiring the data controller for the bailiff company to confirm the photographs taken at your property have been destroyed.