Ashfords Solicitors - Is Big Brother watching you?

What many people (half of all recently surveyed) don't realise is that the use of CCTV cameras is covered by the Data Protection Act 1998 ("DPA") which the Information Commissioner's Office (ICO) is charged with enforcing. The Information Commissioner has issued a revised code, the CCTV Code of Practice, which offers guidance which businesses should consider when making use of CCTV equipment. The Code covers both the recording of images of individuals and also information which is derived from those images. The Code gives the example of vehicle registration marks.

Although the Code is not binding, failure to comply with the suggestions in the Code could lead to the images which have been captured being unusable or invalid as evidence in court. The ICO is clearly keen to make sure that the use of CCTV does not become too intrusive and to reassure individuals. The assistant commissioner at the ICO, Jonathan Bamford has said "...It is essential that organisations and businesses use CCTV responsibly in order to maintain public trust..."

So, the message is that if your business has made the decision to make use of CCTV cameras then it is important to do so in compliance with the Code of Practice and the DPA. This article gives some pointers on compliance:

· Turn the volume down - The new guidance describes the use of CCTV systems with sound recording facilities as "highly intrusive" and warns that it will only be justified in highly exceptional circumstances. You should therefore consider buying a system without a sound recording facility or turn it off or disable it;

· Spell it out! – If you are using a CCTV systems make sure that you have clear and visible signs in place so that individuals know that their images are being captured;

· Data Protection – Remember that the DPA also applies to the use of CCTV systems. This means that individuals are entitled to make a subject access request to obtain copies of information held about them just as if it were documented electronically or on paper;

· Carry out an impact assessment – The code sets out detailed guidance to assist you in carrying out an impact assessment and you should read it before deciding whether to use CCTV or indeed continuing to use your existing system.. The essence of the guidance requires you to balance the benefits against the effect it may have on individuals. You should also consider alternatives – is there something that would be less intrusive? We recommend you document this exercise to demonstrate that you have considered the essential elements if challenged by the ICO;

· Procedures, Practice and Training - Make sure that you have clear procedures to determine how you will use the system. Make sure that images captured will be of sufficient quality. Failure to obtain images of a sufficient quality will undermine the purpose for installing the system. Make sure your staff comply with the Code and know how to deal with the images and what to do if a member of the public makes an enquiry about your CCTV system.

The Code is very user friendly and is written in plain English. It even contains a checklist for users of limited CCTV systems. It is not difficult to comply with the DPA but it is critical to get it right if you want to make use of any collected information.

Ashfords is regulated by the Solicitors Regulatory Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied upon as legal advice nor as an alternative to taking professional advice relating to specific circumstances.

20th June 2008

Key Contacts

Is Big Brother watching you?

Introduction