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Cyclists using body-worn cameras or homeowners with personal CCTV systems on their properties could be breaking the law, it has emerged.

If footage from these cameras is used outside of a personal capacity, then the user may be breaching data-protection laws, the Data Protection Commissioner (DPC) has warned.

A DPC spokesperson told the Irish Examiner: "If an individual is using CCTV or a body-worn camera and processing personal data beyond what is a ‘personal or household activity’ then they may assume the role of a data controller and as such they would be required to comply with data protection legislation.”

The issue was raised in the DPC's 2015 annual report, categorised as a major data protection matter.

The spokesperson added that if footage is used for personal or recreational use, they are exempt from the data protection law.

(Image: Getty)

However, a person's neighbour could still object to the use of CCTV cameras and take a civil action.

The DPC spokesperson added: “Though outside the remit of this office, it may be the case that even where this exemption does apply, an individual who objects to the recording, for example a neighbour who objects to images of his or her property being recorded, may be able to take a civil action based on the constitutional and common law right to privacy.”

The commissioner’s report also made an audit finding on the excessive use of body-worn cameras.

It said: “Our general guidance in this area is that we would consider that body-worn cameras should only be activated in extreme cases in response to specific pre-defined criteria, where it could be justified for security and safety purposes.”