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 UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 imposes strict rules on the use of security cameras themselves and the use of images of private individuals innocently going about their business. The household exemption under UK GDPR 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 UK GDPR - 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 UK GDPR. For example, it may be that using a camera to snoop on a neighbour would not be exempt from UK GDPR restrictions.
Restrictions Imposed by the DPA
Where the use of cameras is covered by UK GDPR 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 1998 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.
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