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CCTV, Privacy and The Law

By: Jeff Durham - Updated: 6 Dec 2017 | comments*Discuss
 
Cctv The Law Data Protection Act Cctv

Wherever we go about our daily business in the UK these days, it appears that we will never be too far away from being captured on CCTV. For most law abiding citizens, this rarely presents a problem. We have come to recognise CCTV as almost part and parcel of our daily lives.

Many people welcome CCTV on the streets of our towns and cities in the fight against crime. It can also help to secure the convictions of criminals who might have otherwise been able to go about their business and remain undetected.

The Laws Relating to CCTV

The main laws governing the installation and use of CCTV is covered by the Data Protection Act 1998, but this only applies to businesses and organisations and NOT to domestic property. It’s crucial that people recognise that distinction. If you’re concerned about a company’s use of CCTV, that’s a matter for the Information Commissioner’s Office (ICO) to deal with under the statutes that have been laid out under the Data Protection Act.

Is it Legal?

Yes, it is perfectly legal as long as due care is taken. Most people who choose to install CCTV at home do so primarily to deter would-be intruders from trespassing onto or breaking into their homes, and this is completely legitimate.

You cannot stop your neightbour from installing a CCTV system or from operating any kind of video recording device, such as a camcorder. For example, Using CCTV At Home can often help police secure a conviction for crimes that have been committed, such as a theft of a car parked outside your home or to identify individuals who are engaging in Anti-Social Behaviour.

That said, in such cases, the CCTV system you might have at home is more likely to act as a deterrent. This is simply because in a residential area would-be criminals are likely to be far more aware of residential CCTV installations, and so are more likely to avoid doing anything which might contravene the law.

In cases of people who are able to provide video evidence of crimes or acts of anti-social behaviour being committed outside their own homes, that will usually come about as a result of some covert filming using a camcorder or digital camera.

When you could be Breaking the Law for Having CCTV at Home

While home installation of CCTV does not fall under the jurisdiction of the Data Protection Act, if the home installation has not been carried out correctly or is being used for a purpose other than for which it was designed, then you may have a case for taking further action under totally different laws.

For example, if you have a camera which is pointed directly at another person’s property or it’s suspected that it can capture part or all of a neighbour’s property, they might have a case to take action against you under legislation covered by the Human Rights Act. They might have sufficient grounds to say that they have had their privacy violated, that your CCTV system is tantamount to harassment and even voyeurism.

In such cases, they can get the police involved if you're not able to come to some agreement with regards to what the camera(s) can capture and to make modifications to the installation, if necessary.

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Hi, I am in New Jersey. I want to ask what can be done, if a neighbor parks a car, with camera installed, in front of my house, so that camera points directly my window and enterance door. He lives on rental property above my house and installed a camera directly above our entrance. We called cops and they said nothing can be done as it is not facing our door. But now he is parking car with camera in front of my house.It seems like our entrance is being monitored and I feel like my privacy is being invaded. So what can be done about camera that points out door and one window too.
Neey - 6-Dec-17 @ 5:07 PM
I live in housing association residential block and we continually are having going missing and have asked our landlords if we can install cctv at our cost but they say no contravenes peoples human rights is this true
Davy - 24-Nov-17 @ 2:15 PM
Hi it's generally a confusing situation about a cctv camera at a local shop and are they breaching privacy laws or breaking the law in regards to the positioning of the camera and what,where and why their filming? Basically the cctv camera is at the rear entrance of the shop so thus for obvious reasons it overlooks the backdoor and courtyard to prevent crime or capture it but what my concern is the hight of the camera and the fact I believe it's filming the communal areas of the 4 flats above the shops and the front doors of people's property's there are no signs displayed stating that there is cctv cameras and the shop owner has not said anything about it overlooking the flats communal areas or private residence I am a friend of the lady that lives in 1 of the flats above the shops and believe that her privacy is being invaded is he breaching or breaking the law?
BigD - 31-Oct-17 @ 6:52 AM
TAKE THAT CAMERA DOWN! May I also advise everyone that no offended neighbour has the automatic legal right to perceivably force a neighbour to take down a CCTV camera etc. if you check with your local police constabulary they will show you a copy of the rules and regulations that clearly states any home owner or occupier is lawfully entitled to install their own security CCTV system to protect themselves and their property, only UNDER EXTREME CIRCUMSTANCES WOULD ANYONE BE FORCED BY A COURTOF LAW? TO REMOVE THEIR CCTV CAMERA. The police treat these issues mainly as a "CIVIL MATTER", this means the police can raise an incident number and provide evidence to a court of law, however you will have to put your hand in your own pocket or bank account and pay for your own legal proceedings in a court of law. WARNING be advised that as the law currently stands you are lawfully entitled to install your own CCTV system, the judge will most likely remind you that at the court hearing, thus under current laws you are very highly likely to lose your court case, this means the neighbour you have taken to court has the legal right to COUNTER SUE YOU (issue to costs) for costs, damages and compensation for wrongly forcing them to appear at court, so a simple application to court with or without a solicitor costing up to £300 could in fact cost you £600 - £700 if you fail to win your case. If the court orders you to pay your wrongly accused neighbour their issue to costs and you fail to comply with that court order and pay your neighbour. Your neighbour can pay £60 to the court and enforce that charging order, this means just like on TV that two big burly men like bouncers will turn up on your door step and demand full payment with extra added fees and interests, thus it could easily escalate to £1,500. Being high court bailiffs witha live writ they can remover your car from your driveway and contents from inside your house whether you like it or not, and if you call the police they will only attend to keep the peace, the police cannot lawfully stop the high court bailiffs from removing your property to be sold off at auction. There is however circumstances where local public authorities like your local council can automatically go to court and have your camera removed for anti-social behaviour in collaboration with the police! Such an example would be a private CCTV camera overlooking the local council owned school and playground, thus the parents concerns raised to the school headmaster and the local council authority. Basically it is all self explanatory if you think about it, but in short no disgruntled neighbour has the automatic lawful right to have another neighbours CCTV camera removed.
Basher - 29-Sep-17 @ 12:11 PM
Our neighbour has a CCTV system that overlooks the front of his house onto the road side (small front garden) despite having a narrow drive to the side of the house only suitable for one car. The other family car is parked on the road side directly in front of his house , the front CCTV camera monitors the front garden and entrance and covers the second family car parked on the road side, this means the CCTV coverage is outside that of his property boundary and consequently the public pavement crosses between the front garden and the second family car, if he has a data controllers license, can he monitor his second family car parked on the side of the public highway? apparently the CCTV coverage is to protect their second car from theft and vandalism. Do I have any right to object to the pavement (high ways council owned) being monitored? And recording me as I walk up and down the high street past his property and CCTV camera. APPARENTLY HE SAYS he has contacted the ICO Data Commissioner and asked this very question and all the ICO have told him is that he is entitled to protect his property and that he must follow the appropriate DPA GUIDANCE, and that as he has registered as a data controller he has the right to the PERIPHERAL AREA around / outside the boundary of his property. IS THIS TRUE.
Basher - 25-Sep-17 @ 12:14 PM
Hi, My neighbours, who live in the flat underneath. Have got 5 different cctv cameras around the property. They all have microphones and they listen to everyone's conversations. They have 5 TV's on the wall in there bedroom and constantly watch myself and the other 2 neighbours in the flats next door. I don't use my garden coz they listen to everything and I have to keep all my windows shut. They constantly complain to the council about me and I keep having police knock,about information they have received and its always anonymously. They have even opened a fake facebook account and have started online bulling now. I have even been drug raided due to information they are receiving. The previous tenant was drug raided 4 times and got harassed and bullied for 7 years. I've now had this for 2 years. I've had the police and council involved and they have said. They cant prove its them as theres no evidence of harassment and they cant check against the number/numbers being used to phone up with coz they ring Crimestoppers to do it and as crimestoppers is anonymous. They cant see any numbers. I've been advised to just ignore it. A lot of the neighbours down my road, don't even say Hello anymore and its all coz they think we are something, we are not. I cant take much more. I'm a prisoner in my own home. I don't go out the door, apart from shopping. We are being surveillance 24 hors a day. My 14 year old son wont go out with his mates because his name keeps getting put up for things. Not only is it making me feel really ill, now i'm slowly getting angry. I need to get away from these people. What can I do?
xxvickixx - 20-Sep-17 @ 7:03 AM
Nomad10 - Your Question:
Hi Can anyone advise us. The next door neighbours are stalking us. They park outside our house even though they have a driveway themselves, sit in the car watching us for hours, film us from a camera in the car, or gather on the pavement outside our driveway. They have a camera in their back garden trained up to our side window and sit outside the side of our house, getting their kid to bang a ball on our outside wall and aiming a torch into our window if the lights are out. Yesterday one of their friends/colleagues was standing in the street as I came up the road. He made an elaborate 'Charades' gesture over to them, to start filming! It's voyeuristic and intimidating. They are trying to provoke a reaction so we ignore them - but they're so obsessed with us it doesn't seem to work. Would prefer not to involve police as they have a young child.

Our Response:
If what you're saying is true and they are doing these things to harass you, then really your only option is to inolve the police. You could try talking to the neighbour and asking about it as well.
ProblemNeighbours - 8-Sep-17 @ 10:51 AM
Hi Can anyone advise us.The next door neighbours are stalking us.They park outside our house even though they have a driveway themselves, sit in the car watching us for hours, film us from a camera in the car, or gather on the pavement outside our driveway.They have a camera in their back garden trained up to our side window and sit outside the side of our house, getting their kid to bang a ball on our outside wall and aiming a torch into our window if the lights are out.Yesterday one of their friends/colleagues was standing in the street as I came up the road.He made an elaborate 'Charades' gesture over to them, to start filming! It's voyeuristic and intimidating.They are trying to provoke a reaction so we ignore them - but they're so obsessed with us it doesn't seem to work. Would prefer not to involve police as they have a young child.
Nomad10 - 7-Sep-17 @ 7:52 AM
Zumbagirl - Your Question:
Hoping for some advice. I have had a disagreement with my neighbour as he destroyed a part of my property without permission. He has now installed 8 cctv cameras; 4 at the back and 4 at the front. I feel like im in a goldfish bowl as one is looking onto a public road at the back of my house (my garage is at the bottom of my garden). He can see me coming and going from my garage. Its a small terraced house and there is no need for 8!! Is there a limit to how many a homeowner is allowed to install? I fully appreciate that he has the right to protect his property but 8 cameras seems a bit extreme

Our Response:
Domestic privately owned CCTV should not be focused other residential properties or public areas. Your local police can ask the owner to re-position them. If this doesn't succeed you could consider a private legal action.
ProblemNeighbours - 16-Aug-17 @ 2:16 PM
Hoping for some advice. I have had a disagreement with my neighbour as he destroyed a part of my property without permission. He has now installed 8 cctv cameras; 4 at the back and 4 at the front. I feel like im in a goldfish bowl as one is looking onto a public road at the back of my house (my garage is at the bottom of my garden). He can see me coming and going from my garage. Its a small terraced house and there is no need for 8!! Is there a limit to how many a homeowner is allowed to install? I fully appreciate that he has the right to protect his property but 8 cameras seems a bit extreme
Zumbagirl - 14-Aug-17 @ 11:01 PM
Antuk - Your Question:
Hi can anyone please help.my neighbour 2 doors away has a habit of putting a camcorder in his upstairs bedroom window which is overlooking my back garden. He already has cameras front and back but this one is looking over my garden I have living with me my grandson and I have mental health issues such as stress depression ,the camera looking over has me feeling trapped and anxious but I'm also worried about the camera catching pictures of my grandson who is 1 month old.we have been to our housing office who have told us to report him to the police,is there anything else I can do we had pcso go around before but they let him leave his camera there.I am at my wits end with him.please help

Our Response:
Try the police again. If you're unhappy, you might need to take private legal action...be sure you have evidence that the cameras are pointing into your property and infringing your privacy before considering this.
ProblemNeighbours - 26-Jul-17 @ 12:40 PM
Hi can anyone please help.my neighbour 2 doors away has a habit of putting a camcorder in his upstairs bedroom window which is overlooking my back garden. He already has cameras front and back but this one is looking over my garden I have living with me my grandson and I have mental health issues such as stress depression ,the camera looking over has me feeling trapped and anxious but I'm also worried about the camera catching pictures of my grandson who is 1 month old.we have been to our housing office who have told us to report him to the police,is there anything else I can do we had pcso go around before but they let him leave his camera there.I am at my wits end with him.please help
Antuk - 19-Jul-17 @ 11:18 PM
Can someone please confirm regarding Scots law on cctv monitoring outside a door in a shared building?I am having terrible issues with a neighbour who has threatened me, left notes on my door slagging me off, opened a bag or rubbish outside my door(I left it there overnight so I took it down on way to work in morning) and strewn it all over mystairs - he has been seen several times sneaking up the stairs towards my front door.I live on the top floor and he on the bottom - there is no need for him to be anywhere near my doorway.The tyres on my bikes chained up outside my flat have also been damaged.I am at my wits end. I live on my own and no one helps or cares when you are a private owner.I would like to install cctv outside my door which would only capture the area of the stairway and anyone going to MY door, it can be positioned so it does not look onto the door of the flat on the otherside of the landing.Can I do this?I really do feel that consideration needs to be given for people like me who have gone to the police, anti-social behaviour teams etc and got no help. Thanks in advance. EF
EdFeltch - 7-Jul-17 @ 11:47 AM
Hi i live on the ground floor in a very dangerous estate and i have a camera angled at my garden and on the outskirts and 2 in my own front garden facing my gate wall and pavement outside my property. It is not showing any peoples homes or windows just the pavement and car parking road. Am i commitinga crime in any way
deb969 - 5-Jun-17 @ 1:21 PM
I have a dispute with a neighbour a car repair garage he has had cctv fitted and has accused me of numerous things including getting me arrested for criminal damage we have called the police previously about whether the cctv was pointing in our garden and when the police went to look he assured us that the camera was not pointing into our property however whilst under arrest they showed me footage of his cctv and I saw it clearly points into our garden. the neighbour is an ex police officer that clearly knows the laws obviously moved the camera although the police officer said that the neighbour was unaware of his visit prior
mick - 21-May-17 @ 1:28 PM
delhi amma - Your Question:
I am living in a housing association property for the past 20 years plus. I had awonderful neighbours and those wonderful harmony is now gone. 9 months ago a very strange behbehaving woman and man moved , from day one both are behaving very unusual and always spying having god a camera towards MY BEDROOM WINDOW AND , peeping through the curtain late nights.She never close the curtain always have the lights on and very anti social behaviour. always keep looking at my garden.seeking for and looking for trouble, she will act as a very nice person and inducing and nagging her husband to do the complaining and speaking and then she trun around the verson of facts to a complaint and even called a fire brigate, and policmen and made a fuss to all all the neigbours. now she has fixed a camera watching and recording towars my living room and garden- there is much more going on. she has disturbed my peace and quiet enjoyment in my home, also she is very racist and undermine the people who live in this property because she is a house holder having married an anglo indian british man for her to be in the Uk and thing she is a high class woman and treating others like as nothing and degrading attitude. I have made number of complaints the staff also supporting her and beliving her tricky manipulative stories. she has placed cameras but one camera particularly facing my garden and living room- my privacy and freedom in my home is gone I do not know what she is recording and with this information. she things she is rich and owning the property can do as she wishes- she never showed any curtesy, manners to neighbours she moved to next door to me. she is very biased and discriminative.I have complained to citizen bureau- they are not helpful so as my land lord. I have been watched 24 hours a day since last Sunday. before this she had camera towards my bed room window , I have place a very heavy curtain and never open it, now my sitting room, I have so many health issues I need to have good air and need to draw the curtain and the windows- which I am not doing it, how can I resolve this in human behaviour- first of all she does not have any good manners how to deal with people with politeness civilised mannerism.How will I put an end to this misery? some helpful person help me Please. thanks

Our Response:
If the CCTV cameras are focused on your property, the police can ask her to move them. Call your local police on 101 or speak with your local PCSO who will be able to offer advice.
ProblemNeighbours - 18-May-17 @ 11:13 AM
I am livingin a housing associationproperty for the past 20 years plus. I had awonderful neighbours and those wonderful harmonyis now gone. 9 months agoa very strange behbehaving woman and man moved , from day oneboth are behaving very unusual andalwaysspyinghaving god a camera towards MY BEDROOM WINDOW AND , peeping through thecurtainlate nights.She never closethe curtain alwayshave the lights on andvery anti social behaviour. always keeplooking at my garden.seekingfor and looking for trouble, she will act as a very nice person andinducing andnagging her husband todo the complaining andspeaking and thenshe trun around the verson offacts to acomplaint andeven calleda fire brigate, and policmen andmade a fussto all all the neigbours. now she has fixed a camerawatching and recording towars myliving room andgarden- there ismuch moregoing on. she has disturbed my peace andquiet enjoymentin my home, also she is very racist andundermine the people who live in thisproperty becausesheisa house holder having married an anglo indian britishman forher to be in the Uk and thing she isa high class womanandtreatingotherslike as nothing and degrading attitude. I have madenumber of complaints the staff also supp orting her and belivingher tricky manipulativestories.she has placed cameras but onecamera particularly facingmy garden andliving room-my privacy and freedom in my home isgoneI do not knowwhatshe is recording andwiththis information. she things she is rich and owning the propertycando as shewishes- she never showed anycurtesy, manners to neighboursshe moved to next door to me. she is very biased and discriminative .I have complained to citizen bureau- they are nothelpful so asmy land lord.I have been watched24hoursa day sincelast Sunday. before thisshehadcameratowards my bed room window , I have placea very heavycurtain andnever open it, now my sitting room, I have somany health issues I need tohave good air andneed todraw the curtain and the windows- whichI am not doing it,how can I resolve thisin human behaviour-first of all shedoes not have any good mannershow to deal with people with politeness civilisedmannerism. Howwill I put an end to this misery? some helpful personhelp me Please. thanks
delhi amma - 17-May-17 @ 1:57 AM
I have 4 cameras and non of them are pointing in anyone's gardenshad them up for a year and thereasonI put them up because of the High Crime near my area I live in a up rise flats and it's a SharedBig space and I had me window open and I overHeard a Conversation between my 2 Neighbors talking about me and my cameras how there pissed off about them. But what I don't get is amfollowingThe law I've had them up for a long time now and I've told there they ant Pointing at them but they still seem to Believetherepointingat them
Cctvisthebbest - 1-May-17 @ 6:12 PM
Spring - Your Question:
Hi need some advice , my house and neighbours houses backs on to a prison , they have cctv around the outside monitoring the prison and footpaths.Recently we noticed that one of the camara's has been pointing into our houses , we called the police and had a phone call from the prison leasion officer fobbing us off with it was a mistake.where do we take it from here ?

Our Response:
Have they now removed it? If so, your problem is solved. If not, report it to the ICO.
ProblemNeighbours - 28-Apr-17 @ 11:38 AM
Hi need some advice , my house and neighbours houses backs on to a prison , they have cctv around the outside monitoring the prison and footpaths .Recently we noticed that one of the camara's has been pointing into our houses, we called the police and had a phone call from the prison leasion officer fobbing us off with it was a mistake .......where do we take it from here ?
Spring - 27-Apr-17 @ 8:43 AM
Smile - Your Question:
Hi. I live in a house/flat council property. And my downstair neighbour has a shed which is weirdly placed in front of our entrance (she's got a separate entrance) and front our front garden. What's bothering me is that she's got a CCTV installed which faces towards our front door. I understand she's probably trying to protect her shed. But can we have any say in this situation? I'm pretty sure the camera records us entering and exiting our property.

Our Response:
Yes if the camera is recording your property and your movements, you can ask her to take it down. The police will be happy to call and take a look (when they have the time of course) and give their advice.
ProblemNeighbours - 19-Apr-17 @ 11:55 AM
Hi. I live in a house/flat council property. And my downstair neighbour has a shed which is weirdly placed in front of our entrance (she's got a separate entrance) and front our front garden. What's bothering me is that she's got a CCTV installed which faces towards our front door. I understand she's probably trying to protect her shed. But can we have any say in this situation? I'm pretty sure the camera records us entering and exiting our property.
Smile - 16-Apr-17 @ 8:09 PM
Hi I have a council owed cctv camera outside my house Iam having problems with the camera pointing right in my bedroom window. No one seems bothered as they say it's not working so what's my problem. Could I take legal action against the local council.
Ton1 - 6-Apr-17 @ 6:08 PM
Hummingbird - Your Question:
I live at the end of an un-adopted lane which is also a bridleway. There are 6 houses along here and one of the owners has put 4 huge cctv cameras, on trees, that are along the edge of the bridleway. He does NOT own the land where he has put these cameras; the other 5 houses have a 'caution against first registration' on the land as he was trying to adversely possess it. The bridleway is our only access to and from our properties (5 of the properties have this right on our deeds, he does not) therefore whenever we go out or come home he is watching us. He has admitted in writing that he is doing this! We have objected to these cameras, he has ignored us. He has registered himself with the ICO and on 5 occasions he has ignored our Subject Access Requests and the ICO have told us we can take him to court on 5 separate occasions. The local Council have been asked to intervene as it is a public bridleway but they refuse to saying he has done nothing wrong. The Police have seen the cameras and where they are filming and have confirmed they can see the bridleway but have not told him to remove them. We feel like prisoners in our homes, harassed and stalked by this man who is watching our every move. Surely there must be laws against putting equipment on trees on land that you do not own? I would be most grateful if someone could give us some advise as to where to go and what to do. Furthermore the security firm who installed the cameras removed them the next day when they realised that he didn't own the land on the advice of their solicitor but left them with him and he went straight out and put them back up! He has dug across 2 acres of his land to lay the cables etc for these cctv cameras - that is how far away from his property they are! We would take them down but have been told by the police that would be criminal damage. Please help!

Our Response:
Taking legal advice and possibly action might be your only option here. Between you, you can probably afford to pay for a decent lawyer.
ProblemNeighbours - 22-Mar-17 @ 10:41 AM
I live at the end of an un-adopted lane which is also a bridleway.There are 6 houses along here and one of the owners has put 4 huge cctv cameras, on trees, that are along the edge of the bridleway.He does NOT own the land where he has put these cameras; the other 5 houses have a 'caution against first registration' on the land as he was trying to adversely possess it.The bridleway is our only access to and from our properties (5 of the properties have this right on our deeds, he does not)therefore whenever we go out or come home he is watching us.He has admitted in writing that he is doing this!We have objected to these cameras, he has ignored us.He has registered himself with the ICO and on 5 occasions he has ignored our Subject Access Requests and the ICO have told us we can take him to court on 5 separate occasions.The local Council have been asked to intervene as it is a public bridleway but they refuse to saying he has done nothing wrong.The Police have seen the cameras and where they are filming and have confirmed they can see the bridleway but have not told him to remove them.We feel like prisoners in our homes, harassed and stalked by this man who is watching our every move. Surely there must be laws against putting equipment on trees on land that you do not own?I would be most grateful if someone could give us some advise as to where to go and what to do.Furthermore the security firm who installed the cameras removed them the next day when they realised that he didn't own the land on the advice of their solicitor but left them with him and he went straight out and put them back up!He has dug across 2 acres of his land to lay the cables etc for these cctv cameras - that is how far away from his property they are! We would take them down but have been told by the police that would be criminal damage.Please help!
Hummingbird - 19-Mar-17 @ 10:52 AM
My husband has just been attaked in a shopping centre and captured on cctv but the police say it was unclear so they can't used it. Doesnt cctv have to be of a certain standard, to at least stop crimes Happening?
Pete - 13-Mar-17 @ 8:00 PM
Is it legal for an employee of a company to share information based things seen on their CCTV footage to someone who unassociated with them?
Jane - 27-Feb-17 @ 11:26 AM
I have thru various thought I am of this opinion that one is not allowed to take images of anything or peson orpropertywhich isin public place or placein property not owned by the person who is using CCTV
engineer - 22-Feb-17 @ 9:57 AM
Hi we had cctv installed because of our violent neighbour. Police checked our monitor and said it was ok because with children etc walking past couldn't see them. Our neighbour next door has installed his own cctv, the thing is its a 360 degree
lozza - 15-Feb-17 @ 12:15 PM
I am a childminder working from home. We have CCTV installed around the outside of our Home for the protection of the children and our property and are registered with the ICO. Recently our 'neighbours' the local angling society have installed CCTV cameras into their car parks due to recent vandalism and theft. I am sure that one of the cameras points towards our garden and home and are worried that the camera could be recording images of the children. Unfortunately they are not very friendly neighbours, can i ask them to ensure that their cameras are turned away from our home? or to see evidence that it is? or to ask for a letter confirming it is? Many thanks
Frog - 2-Feb-17 @ 6:41 AM
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