All installed CCTV systems that have the ability to record video information, with the exception of those on domestic property, are subject to the terms of the Data Protection Act 1998.
The rules state that anyone processing personal data must comply with the eight enforceable principles of good practice. They say that data must be:-
Fairly and lawfully processed.
Processed for limited purposes.
Adequate, relevant and not excessive.
Accurate.
Not retained for longer than is necessary.
Processed in accordance with the data subject's rights.
Secure.
Not transferred to countries without adequate protection.
A CCTV System must be notified to the Information Commissioner if it meets the following criteria:-
Does the system collect data?
Can the data collected be classed as personal data about a particular individual, who can be identified with or without the information?
Can the system automatically process the recordings to show a specific time-period?
Failure to register a system that meets the criteria laid down above is a criminal offence.
For the information recorded by a CCTV system to be admissible as evidence then it must be collected legally. This means that the system must comply with the Act and so people must be warned that CCTV is in operation. An exception to this can be made for covert surveillance being used to try to stop a specific criminal activity involving specific individuals.
One effect of the law is that it formalises the fact that the information gathered by a system cannot be used for any other purposes other than for that it was originally designed. You cannot sell the videos for entertainment.
Other implications of the Act are :-
Recordings must be protected against unauthorised access.
Systems must be designed such that they only record relevant images. Therefore the fields of view of cameras must be set up carefully such that they do not include unnecessary details or intrude into the privacy of neighbouring areas
Information stored on recordings must be 'accurate'. In practical terms this means that systems must be correctly set up and be properly maintained with programs of VCR servicing and tape replacement in place.
Recordings should not be kept for longer than necessary to fulfil the needs of the system.
People have the right to prevent recording of them. This is normally achieved by the use of suitably-worded warning signs advising people that if they enter the area beyond they will be recorded.
People also have the right to request access to the video recordings of themselves. The signs should give details of who to contact to request copies of the recorded information
Following a recent court case, the accepted definition of what is classed as personal information has become more closely defined. This has meant that some systems that previously were subject to the full requirements of the Act are now largely exempt.
In particular this is the case for systems in premises with only a small number of cameras, which are only providing general views such as in a shop.
Further details of the Requirements of the Data Protection Act 1998, Codes of Practice for operating CCTV Systems in a compliant manner and details of the changes brought about by the recent court case are available on the website of the Information Commissioner at www.informationcommissioner.org
Remember that the fields of view of external cameras should only cover your property to prevent infringement of Human Rights legislation.
*free next working day delivery applies to UK mainland orders of £500 and over (surcharges may apply for outlying regions). Orders received after 5.00pm may be delayed by 24 hours.
