UK/European CCTV law question

Just curious as to what the laws are, both in the UK and anywhere else in Europe about the use of CCTVs.

I live in San Francisco, and I've recently found out that almost every state in the US does NOT allow audio recording without a ton of explicit consent from pretty much everyone. It's a privacy protection thing. This means that you if you capture a burglar breaking into your house and capture audio, it's inadmissible. As a matter of fact, one fellow had his CCTV w/audio on, captured his conversation with the police. He felt they acted unprofessionally, potentially illegally, and took the videotape to the police station. After revewing the tape, the police arrested him for illegal (something or other, can't remember the charge).

Is that true elsewhere? Are you allowed to record audio?

[ZippyCat]

The use of CCTV recording equipment in the UK is a bit of a grey area when images are captured along with audio. It can be difficult submitting recordings as evidence in court although not impossible; it really depends on the circumstances for which the system was installed. In theory you will need document your reasons for the use of audio recording equipment, as you would do for images. As part of the Data Protection Act you can only obtain and hold information for a time period that is deemed ‘reasonable’. Often it is not deemed necessary to require audio for CCTV images, therefore any provision of audio recording equipment should not be implemented. Please note that this does not normally apply domestic installations, but is primarily concerned with commercial installations. As with most standard CCTV installations, you must inform the subjects that they are being recorded by both image and audio recording equipment. There are circumstances where you can install CCTV equipment without informing the subjects, however you must have strong documented evidence detailing reasons for the omission, such as informing the subjects will inhibit the effectiveness for which the system was installed.

[baldrick]

Originally Posted by ZippyCat

As with most standard CCTV installations, you must inform the subjects that they are being recorded by both image and audio recording equipment.

Does this include domestic installations?

[ZippyCat]

Not usually, however it’s a bit of a grey area that seems to continually change. For instance you would generally need to comply with the DPA if you are recording areas that do not belong i.e. the road, or if you have PTZ (Pan Tilt & Zoom) facilities. Depending on whom you speak to, be it the local police, installers or the commissioner, you get different answers. It’s always best to get the input of relevant authorities when installing a system, as often the need to comply is very subjective; there doesn’t seem to be a one size fits all answer unfortunately.

[ZippyCat]

This may be of some use:

http://www.thesecurityinstaller.co.uk/CCTV_dpa1998.asp

Very interesting, thx for that. At least it's not that clear in more than just one country.

[Doktor Jon]

Hi guys,

Sorry I'm a bit late on picking up this thread, but just for the purposes of clarity, here in the U.K. all domestic use of CCTV is exempt from the Data Protection Act.

In fact, many commercial systems which were previously thought to be required to comply with the legislation, are now also considered outside the scope of the law.

The change has come about after a court ruling, which has provided an opportunity for the Information Commissioners Office to clarify the situation.

It is not so much the type of CCTV equipment that is being used, as the way in which it is being used. So for example, a passive system which is set up purely for recording individuals using fixed cameras, and which is only ever reviewed in the event of an incident, would not as such require notification and compliance.

A remote control camera system that is being used to monitor individuals, would most certainly be required to comply.

Apart from the Data Protection Act, all externally mounted cameras are required to comply with "Permitted Development" planning legislation, and those used by larger organisations may also possibly be subject to selected parts of the Human Rights Act and the Regulation of Investigatory Powers Act (RIPA 2000).

Who ever said things were meant to be easy

[ZippyCat]

Doktor Jon,

As always things are never straightforward and still it can be quite difficult to determine what requirements a system must comply with. There have been numerous interpretations of the law and this has only helped to confuse matters. I have read about circumstances where commercial installations have been exempt from DPA compliance, however it’s still far from clear-cut. I agree about compliance being down to implementation of the system rather than the type of equipment used. Have you got any links from recent commissioner publications that may help clarify the situation, as it’s been a couple of years since I last looked in depth at CCTV from a legal point of view.

[Doktor Jon]

Hi Zippycat,

I actually did a written interview with a senior official at the Office of the Information Commissioner some time back, and concise answers were provided to specific questions relating to the use of CCTV.

The story was briefly written up here:- http://www.doktorjon.co.uk/news%20ar...sstories5.html

I'm not aware of whether the promised updates have ever been published by the OIC, so perhaps I should 're-visit' the subject again in the not too distant future .... or at least when I have some time to spare

If I find any relevant links over the next few days, I'll post back with details.

[ZippyCat]

Doktor Jon,

Thanks!