The Data Protection Act (1998) ensures that
all personal data is used in a professional and responsible
manner; this relates to CCTV because images of people
are classed as ‘data’. Information about
people which is taken from images, such as vehicle
registration numbers is also classed as data. Because
of this, the Act is applicable to CCTV systems and
covers most uses of CCTV by organisations regardless
of the number of cameras. Exemptions to the Act are;
household/private systems, images captured for recreational
images and dummy or non-operational cameras.
To see the Data Protection Act 1998 in full, please
click here.
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| THE CCTV
CODE OF PRACTICE |
This
code recommends how to meet the legal
requirements of the DPA: |
- Know your responsibilities
and obligations.
- Have clear procedures
to determine how the system is used
in practice.
- Regularly review
whether the use of CCTV continues
to be justified.
- Cameras must be
sited and the system must have
the necessary technical specification
to ensure that images are of an appropriate
quality.
- Recorded material
should be stored so that the integrity
of the image is maintained.
- Disclosure of
images from the CCTV system must
also be controlled & consistent
with the purpose of the system.
- Images should
not be kept for longer than strictly
necessary.
- Clear signage
must inform people that they are
under CCTV surveillance.
- People whose images
are recorded have a right to view & request
copies of the images which must be
provided within 40 days and the
current maximum charge set by Parliament
is £10.
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To
see the code of practice in full click
here. |
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| NOTIFYING THE INFORMATION
COMMISSIONER’S OFFICE (ICO) |
A
statutory requirement for every organisation
that processes personal information
is that they notify the ICO, unless
they are exempt. Failure to notify
is a criminal offence.
For a form & current information
on fees, please click here.
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| HOW TO LEGALLY PRODUCE
CCTV IMAGES FOR EVIDENCE |
- Comply with the
DPA.
- Ensure your CCTV
is fit for purpose.
- Ensure picture
quality is clear.
- Accurate Time/Date
settings.
- Train staff on
CCTV law and correct operation.
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Please note: this information
is given as a guide only and is NOT intended
to provide legal advice. This should
be sought as appropriate in relation
to a specific matter. |
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