Bailiff went round the house taking photographs.
Bailiffs roam the property without discrimination, capturing images of valuable items and documents. You have the right to demand the destruction of these photographs.
Your vulnerability to burglary or potential compromise of your bank accounts is grave.
The purpose behind bailiffs acquiring images of your possessions and documents appears dubious, likely intended for illicit acquisition of your banking information or facilitating a burglary.
If police class bailiff crime as a civil matter, exercise added vigilance as police protection against crime is forfeited, potentially leaving you uninsured due to the absence of a crime report. This elevates bailiffs above legal accountability in the eyes of the authorities.
It's imperative to notify the police through the non-emergency 101 hotline regarding the bailiffs' visit and the photographing of your valuables and jewellery, providing comprehensive descriptions. Keep a detailed record of the conversation, including the name of the individual spoken to and the details exchanged.
Inform your bank, specifying which accounts might be compromised.
Serve the bailiff company with a notice revoking consent for processing your data and requesting erasure under Article 17 of the GDPR or section 47 of the Data Protection Act 2018.
Secure your valuables elsewhere within the property.
Document the valuables, including diamonds and jewellery, photographed by the bailiffs; this may serve as evidence in the event of burglary.
Failure by the bailiff company to adhere to your Article 17 notice enables you to pursue legal action for both tangible and intangible damages, encompassing loss or theft of the photographed valuables, under Article 82 of the GDPR or Section 168 of the Data Protection Act 2018.
You should capture new images of all your valuable possessions, including diamonds and jewellery, and document their respective worth.
In the unfortunate event of a burglary and the subsequent theft of your valuables, these photographs serve as proof of their presence and value. This documentation not only provides evidence of the items but also establishes a suspect, supported by the initial police report filed through your call to 101 following the bailiff's visit.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: A "Notice to Erase" is necessitated, compelling the data controller of the bailiff company to verify the destruction of the photographs captured at your home or premises.