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CCTV regulations - part I

CCTV Regulations

Under the Data Protection Act 1998, legal control over CCTV surveillance cameras in public areas came into effect on 1 March 2000. A new Code of Practice for CCTV use has been written by the Information Commissioner and sets out guidance on following good practice procedures. The Code of Practice's purpose is to assist operators of CCTV surveillance systems in understanding their legal obligations and also to reassure the public about the safeguards that should be in place.

The Code is not intended to apply to:

Targeted and intrusive surveillance activities that can only be issued in specified circumstances by the intelligence agencies, police or customs.
Surveillance used by employers to monitor employees' compliance with their employment contracts.
Home security.
Cameras used by the broadcast media for journalistic, artistry or literary purposes.

Code of Practice

Before implementing a CCTV surveillance system, the full Code of Practice needs to be studied carefully. The Code of Practice and a CCTV checklist can be found here. A brief summary follows of some of the key areas that need to be considered before implementing CCTV surveillance equipment.

Initial Assessment Procedure

Before you install a CCTV surveillance camera, the purpose of its intended use needs to be established. In accordance with the First Data Protection Principle, you will need to thoroughly assess the appropriateness and reasons for using CCTV. This, along with the person(s) or organisation(s) responsible for the system, needs to be documented and registered with the Office of the Data Protection Commissioner.

Siting the CCTV Cameras

Consideration of where your equipment is situated is a key factor when setting up a CCTV surveillance system. The way images are captured needs to comply with the First Data Protection Principle:

Cameras should only cover the spaces where the equipment is meant to monitor.
The user needs to consult with the owners of any domestic areas that might be covered or border the area monitored by the equipment.
Operators must be aware of the purpose of the scheme and only use the equipment for that purpose.
Operators should not adjust equipment to overlook spaces not covered by the scheme and should also be aware of privacy implications.

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