The bailiff attended with a TV film crew.

You can stop the broadcast.

 

If a bailiff turns up with a TV film crew, then he will most probably turn up by surprise and without giving a statutory notice.

The policy is to ambush you, which creates artistic license for the TV production.

The law says you can apply to court to stop the film taken of you and your property being broadcast. You must give the film company a 21-day opportunity to confirm it will comply and confirm in writing.

Section 10 of the Data Protection Act 1998 states:

 

Right to prevent processing likely to cause damage or distress.


(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b)that damage or distress is or would be unwarranted.

(2)Subsection (1) does not apply—

(a)in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

(b)in such other cases as may be prescribed by the Secretary of State by order.

(3)The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice

(a)stating that he has complied or intends to comply with the data subject notice, or

(b)stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

(4)If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5)The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

 

The TV company may seek to rebuke the notice quoting Section 30 of the Act claiming "journalism".

The material fails the journalism test on four of the six of the requirements in the Broadcasting Act 1990, which are:

any programme which offends good taste or decency
material which incites crime or disorder
matter which is offensive to public feeling
news which is not impartial and accurate

 

Therefore the material being broadcast is classed as " entertainment". You have a right to stop its use.

 

Start the process by searching the production company name on Companies House and get the name and address of a director

Send the company a "Section 10" Notice with an attached schedule. Here is a template

 

 

If the production company does not comply with the Notice in 21 days, then contact me. I can show you how to make a without-notice emergency application at court to stop the broadcast or have the ICO intervene.

You recover your costs fees and damages from the non-compliant data controller.

When sending a section 10 Notice, send by email, by post and in duplicate recorded delivery. That prevents the defendant production company claiming non-receipt.

If the production company uses a Royal Mail PO Box address, then always use it. Its guaranteed delivery if you keep a copy of the certificate of posting. Any defence of non-receipt at a Royal Mail PO Box address is defeated.