As with all Legal Matters, if you are unsure of any Legal issue you should seek advice from a legal professional.
How does the Data Protection Act affect CCTV Installation?
One of the most commonly asked questions regarding CCTV is what are the legal ramifications of installing a system. Most people have heard of the DATA protection Act with regard to the holding of information on individuals but may be unaware that the Act also covers the recording of video images.
It should be stressed at this point, that despite misinformation to the contrary, the DPA is not designed to prevent the legitimate recording of video images for the purpose of crime prevention and safety, in fact CCTV installed on domestic premises is normally exempt from the Act. With regard to the covert recording of an area to prevent criminal activity, exceptions are in place to negate the requirement of signage informing an individual that recording is in operation
Listed below is a brief synopsis of the Act with regard to CCTV recording along with useful links to the relevant Government sites.
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 state that any gathered 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 rights of the data subject.
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 requires that the information gathered by a system cannot be used for any other purposes other than for that it was originally designed, for example: you cannot sell the videos for entertainment purposes.
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 correctly to ensure that they do not include unnecessary details or intrude into the privacy of any neighbouring areas.
Information stored on recordings must be 'accurate'. In practical terms this means that all CCTV systems must be correctly configured and maintained, with older analogue systems this requires a program of VCR maintenance and tape replacement to be in place.
Recordings should not be kept for longer than necessary to fulfill the needs of the system.
People have the right to prevent recording their images being recorded. This is normally and achieved by the use of warning signs advising people that if they enter the area beyond their images will be recorded.
People also have the right to request access to recorded images of themselves. Warning signs must give details of who is responsible for the administration of the CCTV system and/or who to contact to request copies of the recorded information.
Due to several recent court cases, the accepted definition of what is termed as personal information with regard to the Act has become more defined. This has resulted in many CCTV systems which were previously subject to the full requirements of the Act being now largely exempt. Significantly, this is the case for CCTV systems using a small number of cameras to record general area views such as in a shop.
Further details of the Requirements of the Data Protection Act 1998 and the Codes of Practice for operating CCTV Systems in a compliant manner along with details of any changes brought about by the recent court cases are available online at the Information Commisioner Website, unfortunately due to ebay restrictions we are unable to provide a direct link to this site from this guide.
Please note that to prevent any infringement of European Human Rights Legislation CCTV Systems should only cover areas of your property.
