Bailiffs turn up with a TV crew
According to the GDPR, you have the option to halt the broadcast and delete the footage, or pursue legal action against the production for damages and royalties if the data (film and audio) has already been aired.
Article 6(1), consent is required from anyone processing your data, barring exceptions.
Article 21, grants you the right to object to the processing of your data and cease its usage in a broadcast.
Article 17, entitles you to have the film and audio—your data—erased or destroyed.
Article 79(1) allows you to petition the court to compel the producer and broadcaster to comply with your request for data erasure and cessation of processing.
Article 82, permits you to seek damages, including non-material damages, and compensation for distress incurred.
While certain exemptions exist under the law, such as for public interest, journalism, and law enforcement, producing a TV show for public entertainment does not fall under any of these exemptions.
DCBL's approach to TV productions often involves exploiting artistic license. They typically arrive without issuing a Notice of Enforcement, thereby catching individuals off guard and eliciting spontaneous reactions for the camera.
In instances where claims are contested, DCBL's in-house solicitor consistently submits a witness statement asserting that a notice was issued, even when it was not. This strategy is employed with the understanding that the court typically supports the enforcement company and tends to prejudice the debtor when the issue of notice delivery is raised. DCBL may present a reconstructed copy of a notice generated by a computer as evidence of notice delivery to the debtor, which the court often accepts.Assert your right to stop the broadcast and delete the recordings.
Search Companies House for details regarding the production company and the TV channel, including the names and addresses of a director.
Issue a notice indicating that you do not consent and are exercising your right to object to appearing in a TV show broadcast for public entertainment, effective immediately. Confirm that the data being processed is not exempt and request a written response within 14 days to confirm compliance.
Template: "withdrawal of consent to process data"
If the production company or broadcaster does not adhere to your request, according to section 167 of the Act, you have the option to apply to the court for a court order compelling the producer and broadcaster to comply.
Then under section 168 of the Act, you may seek damages, encompassing non-material damages and distress resulting from the breach.
Making a complaint to Ofcom.
Ofcom offers a complaints page for filing complaints regarding involvement in a bailiff TV program against one's will.Below are two instances here complaints were lodged with Ofcom, involving DCBL bailiffs and a TV crew exploiting vulnerable individuals and broadcasting the footage without their consent.
The Guardian On 22nd February 2018, a couple received £20,000 in compensation subsequent to a DCBL eviction accompanied by two individuals with a digital camera.
In an unpublicised incident, an accountant received £60,000 in damages after her employer spotted her on the program. She was visiting friends when DCBL unexpectedly arrived at her friends' residence with a pair of individuals brandishing a digital camera.
The Law:
Section 2 of the Data Protection Act 2018 states:
Protection of personal data
(1)The GDPR, the applied GDPR and this Act protect individuals with regard to the processing of personal data, in particular by—
(1)The GDPR, the applied GDPR and this Act protect individuals with regard to the processing of personal data, in particular by—
(a)requiring personal data to be processed lawfully and fairly, on the basis of the data subject’s consent or another specified basis,
(b)conferring rights on the data subject to obtain information about the processing of personal data and to require inaccurate personal data to be rectified, and
(c)conferring functions on the Commissioner, giving the holder of that office responsibility for monitoring and enforcing their provisions.
(2)When carrying out functions under the GDPR, the applied GDPR and this Act, the Commissioner must have regard to the importance of securing an appropriate level of protection for personal data, taking account of the interests of data subjects, controllers and others and matters of general public interest.Section 8 of the Data Protection Act 2018 states:
Lawfulness of processing: public interest etc
In Article 6(1) of the GDPR (lawfulness of processing), the reference in point (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the controller’s official authority includes processing of personal data that is necessary for—
In Article 6(1) of the GDPR (lawfulness of processing), the reference in point (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the controller’s official authority includes processing of personal data that is necessary for—
(a)the administration of justice,
(b)the exercise of a function of either House of Parliament,
(c)the exercise of a function conferred on a person by an enactment or rule of law,
(d)the exercise of a function of the Crown, a Minister of the Crown or a government department, or
(e)an activity that supports or promotes democratic engagement.
Section 15 of the Data Protection Act 2018 states:
Exemptions etc
(1)Schedules 2, 3 and 4 make provision for exemptions from, and restrictions and adaptations of the application of, rules of the GDPR.
(2)In Schedule 2
(4)Schedule 4 makes provision restricting the application of rules contained in Articles 13 to 21 of the GDPR to information the disclosure of which is prohibited or restricted by an enactment, as allowed for by Article 23(1) of the GDPR.
(5)In connection with the safeguarding of national security and with defence, see Chapter 3 of this Part and the exemption in section 26.
(1)Schedules 2, 3 and 4 make provision for exemptions from, and restrictions and adaptations of the application of, rules of the GDPR.
(2)In Schedule 2
(a)Part 1 makes provision adapting or restricting the application of rules contained in Articles 13 to 21 and 34 of the GDPR in specified circumstances, as allowed for by Article 6(3) and Article 23(1) of the GDPR;
(b)Part 2 makes provision restricting the application of rules contained in Articles 13 to 21 and 34 of the GDPR in specified circumstances, as allowed for by Article 23(1) of the GDPR;
(c)Part 3 makes provision restricting the application of Article 15 of the GDPR where this is necessary to protect the rights of others, as allowed for by Article 23(1) of the GDPR;
(d)Part 4 makes provision restricting the application of rules contained in Articles 13 to 15 of the GDPR in specified circumstances, as allowed for by Article 23(1) of the GDPR;
(e)Part 5 makes provision containing exemptions or derogations from Chapters II, III, IV, V and VII of the GDPR for reasons relating to freedom of expression, as allowed for by Article 85(2) of the GDPR;
(f)Part 6 makes provision containing derogations from rights contained in Articles 15, 16, 18, 19, 20 and 21 of the GDPR for scientific or historical research purposes, statistical purposes and archiving purposes, as allowed for by Article 89(2) and (3) of the GDPR.
(3)Schedule 3 makes provision restricting the application of rules contained in Articles 13 to 21 of the GDPR to health, social work, education and child abuse data, as allowed for by Article 23(1) of the GDPR.(4)Schedule 4 makes provision restricting the application of rules contained in Articles 13 to 21 of the GDPR to information the disclosure of which is prohibited or restricted by an enactment, as allowed for by Article 23(1) of the GDPR.
(5)In connection with the safeguarding of national security and with defence, see Chapter 3 of this Part and the exemption in section 26.
Section 167 of the Data Protection Act 2018 states:
Compliance orders
(1)This section applies if, on an application by a data subject, a court is satisfied that there has been an infringement of the data subject’s rights under the data protection legislation in contravention of that legislation.
(2)A court may make an order for the purposes of securing compliance with the data protection legislation which requires the controller in respect of the processing, or a processor acting on behalf of that controller—
(4)In subsection (1)—
(1)This section applies if, on an application by a data subject, a court is satisfied that there has been an infringement of the data subject’s rights under the data protection legislation in contravention of that legislation.
(2)A court may make an order for the purposes of securing compliance with the data protection legislation which requires the controller in respect of the processing, or a processor acting on behalf of that controller—
(a)to take steps specified in the order, or
(b)to refrain from taking steps specified in the order.
(3)The order may, in relation to each step, specify the time at which, or the period within which, it must be taken.(4)In subsection (1)—
(a)the reference to an application by a data subject includes an application made in exercise of the right under Article 79(1) of the GDPR (right to an effective remedy against a controller or processor);
(b)the reference to the data protection legislation does not include Part 4 of this Act or regulations made under that Part.
(5)In relation to a joint controller in respect of the processing of personal data to which Part 3 applies whose responsibilities are determined in an arrangement under section 58, a court may only make an order under this section if the controller is responsible for compliance with the provision of the data protection legislation that is contravened.Section 168 of the Data Protection Act 2018 states:
Compensation for contravention of the GDPR
(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—
(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.
Article 6(1) of the GDPR states:
"Lawfulness of processing"
1. Processing shall be lawful only if and to the extent that at least one of the following applies:
1. Processing shall be lawful only if and to the extent that at least one of the following applies:
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks. Article 17 of the GDPR states:
"Right to erasure ('right to be forgotten')"
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:
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:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e) for the establishment, exercise or defence of legal claims.
Article 21 of the GDPR states:
"Right to object"
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Article 79 of the GDPR states:
"Right to an effective judicial remedy against a controller or processor"
1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.
2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.
1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation.
2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.
Article 82 of the GDPR states:
"Right to compensation and liability"
1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.
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).
1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.
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).