Security Cameras and Using Them within the Law
Security cameras are a popular tool in the battle against crime. Businesses, government departments and local authorities have been using these cameras for years – but they are now becoming increasingly popular with householders. One large supplier of security cameras and related equipment says that sales of these products have increased by 265% in the last five years. Cameras can serve a dual purpose. Firstly, they have a deterrent effect, as wrong-doers are likely to avoid areas where they may be caught on camera. Secondly, film footage of a crime being committed can help to ensure that the criminal is convicted – as has happened in several recent high-profile cases.
Home Security Surveillance
Most security cameras used in the home will be CCTV – or closed circuit television cameras. This means that the images captured are only broadcast within the security system itself and cannot be received by other transmitters and receivers. Modern CCTV cameras can be very compact and accurate, providing low key, comprehensive coverage and images which can clearly identify those being filmed. Most security cameras will have a facility to record the images they transmit. There are various different recording options available: video, DVD and storage straight to a personal computer.Security Cameras and the Data Protection Act
The Data Protection Act 1998 (DPA) imposes strict rules on the use of security cameras themselves and the use of images of private individuals innocently going about their business. Section 36 of the DPA states that personal data – including video footage of an individual – captured only for limited domestic purposes is not covered by the restrictions of the DPA.The Information Commissioner’s Office is an independent authority which reports directly to the UK parliament. It works to promote the protection of private information and access to public information. The Information Commissioner’s Office Code of Practice on the use of CCTV states that the use of security cameras for “limited household purposes”, including protecting an individual’s home from burglary, is NOT covered by the DPA - even if the camera captures images of streets or other areas near the home.
However, there is a widespread belief that the use of cameras is covered by the DPA if they capture images of people on property not belonging to the camera’s owner. Householders should bear in mind the use of the words “limited household purposes” – it is possible that some uses of CCTV may take them outside of this definition and bring them under the control of the DPA. For example, it may be that using a camera to snoop on a neighbour would not be exempt from the DPA restrictions.
Restrictions Imposed by the DPA
Where the use of cameras is covered by the DPA there are several requirements which have to be satisfied – these include:- Putting up clear signs to say that CCTV is in operation;
- Only using the footage for the purpose for which it has been taken;
- Only keeping footage for as long as it is needed;
- Not releasing footage to third parties;
- Keeping the footage safe.
The Human Rights Act
Under Article 8 of the Human Rights Act 1988 an individual has the right to respect for his private and family life, and of his home. It could well be that training a security camera on a neighbour’s front door would amount to a breach of this fundamental human right.
Cameras and Evidence
It is vital that cameras are installed in a way and place that complies with any legal restrictions. If they are not, any footage of a crime may not be usable as evidence at a subsequent trial. Criminal trials are subject to very rigorous rules on what is and is not allowed to be used as evidence against the accused. If evidence has been obtained in a way that is not legal it will almost certainly be disallowed by the judge presiding over the case.The police advise all users of CCTV to take great care that they comply with any legal restrictions to prevent potentially vital evidence being rendered worthless. Due to the potential consequences, householders may be wise to err on the side of caution when operating CCTV from their home.
You might also like...
With regards to signs indicating the presence of CCTV or a Camera Doorbell. In order for it to be used as evidence would I have to put up signage and is it different for Doorbell Cameras and CCTV?
Do you have any links for the legal articles on this subject other than this website
Thanks
Glenn
Glenn - 5-Sep-23 @ 2:29 PM
Covert camera looks like tape covered ring door bell opposite my front door.
10 feet away what are my rights I feel violated, anxious and depressed.
Jo Jo - 7-Jun-22 @ 3:48 PM
I have recently installed a Ring doorbell And would like to know if I’m compliant with GDPR.
I have installed privacy boxes around all properties opposite me and I don’t subscribe to any Ring Protect service, so no footage is ever stored. The camera is only activated when the button is pressed. I’ve also turned off all motion detection and put up visible signs outside my property.
Could someone tell me if I’m doing everything within the regulations?
J77 - 24-Jul-21 @ 12:01 AM
We have suffered ASB from a particular household for more than 2 years. Are we allowed to have cameras within our property, legally, to collect evidence? Any footage not required would be deleted.
Appleblossom - 21-Jun-21 @ 10:44 PM
My neighbours have put up a CCTV doorbell directly facing my front door and bathroom window less than 7 feet away.
What can I do about this
Meo8 - 4-Jun-21 @ 5:24 PM
My neighbour has been using her door camera to spy on.me. I have written to her in compliance with GDPR for any footage to be deleted and not to film me nor my family again.She did not oblige these requests. After an incident happened the other night she has shown she has filmed me without my permission. What can I do legally.
HB - 23-May-21 @ 1:31 AM
We would like to use ring doorbells to assist tenants who are experiencing ongoing, entrenched anti social behaviour.
In many of these cases they live in flats and the alleged perpetrators live very closeby.
They may have known them for years, or know family members, and are intimidated.
It would be impossible for any ring doorbell provided to them (and installed properly) to avoid filming people as they pass their flats going into their own.
If the tenants put up 'Smile You're on CCTV' signs, would this be permitted? They can't avoid more sophisticated systems and we are struggling to know how to protect them.
Cavo - 30-Apr-21 @ 7:13 AM
Hi can my neighbour put a ring door bell up with no signs or signs and record and film me my friends and family we have a shared front door way the bell is on her side and is activated when are shared gate opens, she is recording my and family and friends coming and goings. Is this against my HR and is it a pitch of the a DPA please please help.
Kc - 2-Dec-20 @ 6:31 PM
Help. My apartment block has CCTV around the building and at the main door, all residents can view the front door camera for security when letting anyone enter or if your home is buzzed. It’s been turned off and we are being told it breaches data protection and we can no longer have a door camera. Is this the case?
TonyT - 6-Oct-20 @ 9:59 PM
In July this year, a minimum of 2 occupants of 2 properties installed Ring like doorbells with cameras on their front doors.One next door, looks directly fixated onto to my front door.They only have one small sticker, with very little wording and if it has any smaller text can be read at all. He has put it almost as high as the ceiling to the next floor.The occupant directly above installed both around the same time.Neither have indicated that or if they are, or intend to record my property at all and it is somewhat not avoidable.This week, I’ve noticed that 2 CCTV cameras have been installed.One is immediately adjacent beside or on right on my outside wall, and the other on the ground floor. No one has said they will be there, like the housing association landlord, Police, nobody.They do not say that they are recording and there is no sign at all.So I’m not sure who’s they are or why.So there are 4 cameras.2 on 1st floor.3 until next door property to mine from ground floor and then upstairs is the 2nd top floor.I live in an anti-social orgy close of 6 flats.
Chris - 24-Sep-20 @ 12:21 AM
In July this year, a minimum of 2 occupants of 2 properties installed Ring like doorbells with cameras on their front doors.One next door, looks directly fixated onto to my front door.They only have one small sticker, with very little wording and if it has any smaller text can be read at all. He has put it almost as high as the ceiling to the next floor.The occupant directly above installed both around the same time.Neither have indicated that or if they are, or intend to record my property at all and it is somewhat not avoidable.This week, I’ve noticed that 2 CCTV cameras have been installed.One is immediately adjacent beside or on right on my outside wall, and the other on the ground floor. No one has said they will be there, like the housing association landlord, Police, nobody.They do not say that they are recording and there is no sign at all.So I’m not sure who’s they are or why.So there are 4 cameras.2 on 1st floor.3 until next door property to mine from ground floor and then upstairs is the 2nd top floor.I live in an anti-social orgy close of 6 flats.
Chris - 24-Sep-20 @ 12:12 AM
What is the law concerning transmitting images to my smartphone when I am not at home and visitors call
Speedos supermodel - 10-Nov-19 @ 3:11 PM
My wife was attacked in her place of work by a work colleague the attack was caught on CCTV.
The attacker was arrested and charged by Police after pleading guilty to the unprovoked attack and on release used social media to justify the attack.
Is it legal to post the footage showing the incident ?
Scouse - 18-Aug-19 @ 11:40 AM
Hican anybody tell me is it okfor my neighbour to film my family in our garden .We have a young daughter who is 11 who feels very uncomfortable and will not go outside in the back garden any more.Can i take action against my Housing Association who have given her permission to install them.is this an invasion of our privacy.
ALFIE - 10-Jun-19 @ 12:32 PM
i have fitted 4 cameras around our council flat, i asked the 3 neighbours if they were all ok with it and 2 said yes and 1 wouldnt answer her door so i wrote her a letter and posted it but never received a reply.
so i fitted 4 cameras in september 2018.
i fitted no.1 outside facing where the cars are parked due to both our cars being broke into, no.2 again outside facing where all cars can park, no.3 outside in the garden facing the entrance and our storage units as anyone can enter our garden due to no back entrance door locks, no.4 outside my mainfront door due to record anyone coming towards the front door or entering the building from the main entrance or back entrance.
i have not got a single camera facing any of the other flats or windows and do not watch the recordings unless there has been a crime of some sort like when our cars got broke into.
i have had the 1 neighbour who didnt reply to me when asking about the cameras put complaints in about me as she said she feels her privacy has been taken but like i say i do not watch the recordings unless there is a reason to do so.
ive also had the police write to me asking if i had recordings on certain dates that i could show them, so its also helping the police.
also i cant see what the difference is to me seeing her in our garden through the windows to front and back, to the camers seeing her and me not seeing her unless needing to rewind the recordings for crime reasons which only last for 5 days at a time.
so we are not taking away her privacy at all, its just making us all more safe as well as our daughter.
i had the council arrange a meeting with me and in the end they said for me to remove them which i replied to them saying no i would not remove them as i am breaking no laws and taking no privacy away from anyone in the building.
this person also claims that the whole garden is hers and the side way as well as the front part even though it is for all tenents of the property.
am i write to fight this as i have done nothing wrong and taking away no privacy from anyone.
chris - 31-Mar-19 @ 1:17 PM
A neighbour next door has put a security camera up after we had an argument as my dog pooed on his grass .Which I picked up I wouldn't mind . But he's her boyfriend and was good friends . Until she took him back and she s turned against me aswell . Is there anything I can ddo.
Cleo - 26-Nov-18 @ 5:40 PM
Hi
I live in a housing property & have put several security cameras up they are not intruding on anyone else's property but I have now been told I have to take them down by the council.
I have 3 children my husband works away & I feel very vulnerable.
Can they make me take them down?
If I do and anything happens to me/family/ property can I sue them as they are effecting my human right to protect myself.
No one has come round to view the cameras
Any advise would be appreciated
Spud - 25-Oct-18 @ 1:13 PM
Am I legally able to video myself for protection from another family member for abuse ?
Andrew Thompsondale - 14-Jul-18 @ 12:04 PM
My neighbour has CCTV cameras that point at our property.Tonight he has posted a footage from his CCTV on FB showing my husbands activities along with a slanderous post.How can I stop him from doing this, as it's caused untold distress to my husband who already suffers from mental health issues after suffering a mental breakdown in May 2017
Claisam - 14-Jul-18 @ 2:02 AM
A few years ago my house was subjected to a fire bombing ,I was advised by the police fire brigade. local council to install cctv which I have. Having had a complaint from my next door Neibour the police were called, the police said my cameras dont look directly onto the property so im legal. However my other camera looks onto other properties so the council could ask me to move them I cant see into the properties if I move them pointing down all I will see is the tops of peoples heads then of no use at all.By the advice below am I allowed to have cctv
Using CCTV on your property. CCTV used on your property will be exempt from the Data Protection Act unless you are capturing footage of individuals outside your property. However, regardless of whether your CCTV system is exempt, the ICO recommends that you use CCTV in a responsible way to protect the privacy of others ...27 Feb 2018
s007 - 8-Jul-18 @ 1:54 PM
Phil-RVPW - Your Question:
Good morning, I have a bit of a different situation to what I have read on your page from others and I hope you may be able to help.We run a community Facebook page for the residents on our estate, it is a closed group and people can only join if they can prove who they are and where they live.Over the past 18 months we have seen an increase in crime in the area, this also includes ASB.On occation a member may post some information or images of an offence which has been carried out, to pre-warn other neighbours in the group but also to assist our local PCSO's as they too are in the group.When details are posted, we always review them first to determine if it is sensitive before approving or rejecting the post.We have a "No naming policy" in place to protect possible offenders as they Could be under age etc. If someone has a name we welcome them to privately contact the page admin so we can pass on the information to the police on their behalf.It has been quiet for a while so the group does seem to work well, however over the weekend, a member posted some images from her CCTV on her house showing 3 young lads possibly in their early teens climbing all over her scaffolding (her house is being renovated), there is a sign which clearly states CCTV is being recorded and to get to the property one would have to cross a large driveway.As there was no damage, injury or any form of assault, we approved the post in hope the parents would see their children and have a word with them, the homeowner didn't see any need to get the police involved at this stage and hopes the parents will be able to handle the situation.From here, we have had a young lady complain about the post and threatened to contact the police for allowing the post onto the page, she says he is underage but fails to disclose how she knows the boys. As far as I can see, there is no wrong doing on our part, the boys identities are protected and will continue to be.Could you advise where our group stands with this sort of situation please so we can ensure we are doing this by the book.Thank you in advance for taking the time to read this message and any response we receive.
Our Response:
Here's what the government advises in its information on domestic CCTV usage:You should make sure that the information recorded is used only for the purpose for which your system was installed (for example it will not be appropriate to share any recordings on social media sites)
ProtectingYourself - 5-Jul-18 @ 12:24 PM
Pintobean - Your Question:
We have installed a RING doorbell for extra security whilst we are out of the house. Our front door is accessed via an alleyway. The alleyway has shared access for two of our neighbors. Should we ask/inform our neighbors that we have a motion recorder on our front door?
Our Response:
If the sensor means that people passing your front door in a communal area are being filmed then yes, you should make sure the neighbours are aware of this and if either of them complains about their privacy, you may need to remove it.
ProtectingYourself - 4-Jul-18 @ 12:07 PM
I have camera butso does y nabers we got onbut they truedfunny and every time i go out my home there light comes on andif i sit in my garden i been watched i feel i don't eny joy being aroundafter all ive been here for 32 longer than thm
Jackie - 4-Jul-18 @ 8:29 AM
We have installed a RING doorbell for extra security whilst we are out of the house.Our front door is accessed via an alleyway.The alleyway has shared access for two of our neighbors.Should we ask/inform our neighbors that we have a motion recorder on our front door?
Pintobean - 3-Jul-18 @ 11:40 AM
Sarabeth - Your Question:
I live on a private road, there's a large building on the other side of the road to us. Offices on the ground floor and flats above. There is currently CCTV on the street placed there and managed by the residents committee of this building. They are about to upgrade the system to have the capacity to look into my home and over it to the public path behind. There are no signs informing people they are being filmed and they have shut down any concerns I have regarding the new system. They claim because it is a private road and the cctv is placed there by the residents committee, they are not covered by the DPA. It is a self factored building so the committee has it's own legal entity, it's not just a group of neighbours deciding to pool resources. Are they correct that they are not covered by DPA? It seems strange to me that they wouldn't be. Thank you in advance for any response.
Our Response:
They cannot film the public path or your home. Talk to your local community policing team and if necessary seek professional legal advice to address this via the civil courts.
ProtectingYourself - 2-Jul-18 @ 11:44 AM
Good morning, I have a bit of a different situation to what i have read on your page from others and I hope you may be able to help.
We run a community Facebook page for the residents on our estate, it is a closed group and people can only join if they can prove who they are and where they live.
Over the past 18 months we have seen an increase in crime in the area, this also includes ASB.
On occation a member may post some information or images of an offence which has been carried out, to pre-warn other neighbours in the group but also to assist our local PCSO's as they too are in the group.
When details are posted, we always review them first to determine if it is sensitive before approving or rejecting the post.
We have a "No naming policy" in place to protect possible offenders as they Could be under age etc. If someone has a name we welcome them to privately contact the page admin so we can pass on the information to the police on their behalf.
It has been quiet for a while so the group does seem to work well, however over the weekend, a member posted some images from her CCTV on her house showing 3 young lads possibly in their early teens climbing all over her scaffolding (her house is being renovated), there is a sign which clearly states CCTV is being recorded and to get to the property one would have to cross a large driveway.
As there was no damage, injury or any form of assault, we approved the post in hope the parents would see their children and have a word with them, the homeowner didn't see any need to get the police involved at this stage and hopes the parents will be able to handle the situation.
From here, we have had a young lady complain about the post and threatened to contact the police for allowing the post onto the page, she says he is underage but fails to disclose how she knows the boys. As far as I can see, there is no wrong doing on our part, the boys identities are protected and will continue to be.
Could you advise where our group stands with this sort of situation please so we can ensure we are doing this by the book.
Thank you in advance for taking the time to read this message and any response we receive.
Phil-RVPW - 2-Jul-18 @ 9:20 AM
treg - Your Question:
I live I a house containing six flats, the neighbour on the ground floor has installed hidden spy cam in the communal hallway, to film me as I had my dog in the build, although this is prohibited by my housing association and I have now place my dog with a frien until I move my issue is he has hidden a camera with no signage rather than filming me on his phone he has hidden camera which no doubt is film myselt my teenage step daughter and my fiance, I feel he has infringed on my right to privacy and also worry he has images of my step daughter and fiance
Our Response:
Make a complaint to your landlord about camera and your privacy.
ProtectingYourself - 29-Jun-18 @ 3:15 PM
I live on a private road, there's a large building on the other side of the road to us. Offices on the ground floor and flats above.There is currently CCTV on the street placed there and managed by the residents committee of this building.They are about to upgrade the system to have the capacity to look into my home and over it to the public path behind. There are no signs informing people they are being filmed and they have shut down any concerns I have regarding the new system.
They claim because it is a private road and the cctv is placed there by the residents committee, they are not covered by the DPA. It is a self factored building so the committee has it's own legal entity, it's not just a group of neighbours deciding to pool resources.
Are they correct that they are not covered by DPA? It seems strange to me that they wouldn't be.
Thank you in advance for any response.
Sarabeth - 29-Jun-18 @ 1:39 AM
i live i a house containing six flats, the neighbour on the ground floor has installed hidden spy cam in the communal hallway, to film me as i had my dog in the build, although this is prohibited by my housing association and i have now place my dog with a frien until i move
my issue is he has hidden a camera with no signage rather than filming me on his phone he has hidden camera which no doubt is film myselt my teenage step daughter and my fiance, i feel he has infringed on my right to privacy and also worry he has images of my step daughter and fiance
treg - 28-Jun-18 @ 8:26 PM
Hopkins - Your Question:
A neighbour of ours has quite a few static cameras around the exterior of their home. We’ve always gotten on and they showed us what can be seen from them once they were installed, so we knew our privacy was fine. Recently they’ve replaced a static camera (located just below the roof facia, in the centre of the house pointing towards the furthest point of the their back garden) with a what appears to be a 360 degee swivel camera. We knew from before that the old static one could see most of their garden. But this swivel one is constantly moving and we can see the lense is often pointing directly into our garden when we’re in it. We’ve asked the neighbours if they are now able to looking into our garden and they’ve become very quiet and avoiding us. Is this allowed?
Our Response:
No this is invading your privacy, you can ask the local police to inspect it and if necessary ask for it's removal.
ProtectingYourself - 13-Jun-18 @ 10:56 AM
