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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
Do you have any links for the legal articles on this subject other than this website
Thanks
Glenn
10 feet away what are my rights I feel violated, anxious and depressed.
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?
What can I do about this
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.
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 ?
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.
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
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