Ombudsman delivers scathing criticism of Land Valuation Dept staff taking photos of the inside of apartments without permissionBy Sam StrangewaysOmbudsman Arlene Brock has taken Government to task for allowing land valuation officers to take internal photographs of people’s homes without their consent.In her latest annual report, Ms Brock describes how one female homeowner “for a very real half moment ... was consumed with fear” when a technician from the Land Valuation Department did just that at her property while her husband was overseas.Ms Brock writes: “This young man may well be an exemplary employee of the Department — but she did not know him or how long he had worked there.“In this day and age of so many break-ins, one can never be too careful. Her husband was irate. Both felt strongly that the privacy of their home was violated.”The Ombudsman launched an investigation after the husband complained, resulting in the Department apologising to the couple and amending its internal guidelines for inspectors assessing properties for tax purposes.But Ms Brock writes that the “appropriate, indeed commendable” amendment, which advised officers to “clearly explain the reason” for taking internal photos, was later withdrawn.“The Department subsequently changed its mind,” she says in her report. “That implies that the Department believes that it can, should and will enter people’s premises and take internal photographs without consent.”Her report notes that the Constitution gives government officers the right to inspect premises for tax evaluation purposes without consent but she points out that it requires such entry to be “reasonably justifiable in a democratic society”.“It is my opinion and recommendation that it is not reasonably justifiable for the Department to enter onto people’s premises in the first instance without first seeking consent,” the Ombudsman writes.“If people refuse then the Department still has recourse to enter — with a police escort under section eight of the Land Valuation and Tax Act 1967.”Ms Brock says neither the Environment Ministry nor the Department has given “adequate or appropriate reasons” for rejecting her recommendation that the public be asked for consent to the taking of internal pictures of their homes from the outside.“This is a simple courtesy,” she writes. “If homeowners are resistant, then it would be reasonably justifiable under the Constitution to use the Department’s existing powers to enter with a police escort.“But in the first instance, what is the harm in asking for consent? The police similarly have the constitutional right to invade privacy of the home without consent.“However, the police go through an authorisation process in order to do so. Why not a government department?”The site inspection which prompted the husband’s complaint to the Ombudsman was made after the couple installed solar panels at their home.Ms Brock says the male homeowner felt aggrieved that their energy efficient alterations might lead to an increase in the valuation of his property and, hence, higher tax.He was notified of the inspection and asked for it to be postponed so he could be present as he’d previously dealt with the Department and “accused it of unprofessionalism”, according to the report.Despite that, the site visit was carried out while he was overseas and his wife was home alone. She allowed the technician onto the property and then “suddenly, she noticed he was taking photographs of the inside of her home”.The technician told Ms Brock he took pictures of the basement because he thought it had changed from outdoor storage space to indoor living space — but he admitted he did not ask for permission or explain that to the wife.Ms Brock referenced a suggestion made by the Supreme Court in 2009 that government departments should establish procedures that are “simple and citizen-friendly to adopt”.She concluded: “Surely asking for consent from homeowners in the first instance and explaining the need to take interior photographs would be both simple and citizen-friendly.“I suspect that many of us who live in Bermuda would be aghast to learn that a department of the Government — whose mission is ‘At Your Service, Bermuda’ — believes that it may take internal photographs of our homes without first asking for permission.”The Land Valuation Department did not respond to a request for comment by press time last night.Useful websites: www.ombudsman.bm and www.landvaluation.bm.