CCTV consultation could lead to curbs on Big Brother tendencies

Video images on CCTV (and automatic number plate recognition) cameras qualify as personal data under the Data Protection Act 1998 (“DPA”) and therefore the operator of the CCTV system must comply with the provisions of the DPA. The images are classified as personal data because an individual can be identified from the images.

Under the DPA, the images caught on the CCTV system must be used, stored and disclosed in accordance with the 8 DPA principles; for example, the CCTV images must be processed for a specified purpose, such as preventing crime.

The coalition government recently announced that they intended to increase the regulation on CCTV systems to increase the level of protection for individuals. The basis for these changes is included in the Freedom Bill, which was recently laid before Parliament. The new Act (once passed) will give the Home Office new powers to develop a new code of practice for the use of CCTV.

The Home Office has issued a consultation document in relation to good practice in the use of CCTV cameras in preparation for the development of a new code. The new code will encompass a wide range of environmental, security and privacy issues. The main themes of the consultation in respect of the privacy issues are;

• whether a checklist should be completed by CCTV operators before the system is used, including a consultation by the operator with the public and an impact assessment in relation to privacy issues and whether the installation of the CCTV system is proportionate;
• should there be standardisation of footage recorded and technical standardisation in relation to storage and retention of footage; and
• should more information be provided to the public than is currently regarded as good practice when operating a CCTV system.

The use of CCTV does raise some interesting privacy law issues as to why operators are using the systems and whether those systems are really necessary. This latest consultation is likely to see a significant strengthening in the regulation of such systems and operators need to ensure that their use of CCTV systems complies with any new code that is issued on the back of the consultation and the new Act. 

Written by Matthew Read, a Solicitor in the Nelsons Commerce and Technology group. To find out more about our Commerce & Technology group, click here.