CCTV use is covered by the Data Protection Act 1998. The enforcing and registering authority is the Information Commissioner Tel: 01625 545745, the code of practice is available on www.ico.gov.uk. Failure to comply could lead to enforcement action and/ or a prosecution. There is also a possibility of a claim for damages in civil law for an individual adversely affected.
If you are being asked to install CCTV you should ask for advice from a licensing lawyer.
The Data Protection Act 1998 is based on 8 principles that state that data must be:
- fairly and lawfully processed
- processed for limited purposes and not in any manner in compatible with those purposes
- adequate, relevant and not excessive
- accurate
- not kept for longer than necessary
- processed in accordance with individual's rights
- secure
- not transferred to countries without adequate protection
NOTIFICATION CAN BE DONE ONLINE, OR BY APPLYING FOR A NOTIFICATION FORM, FEE £35, REGISTRATION RENEWABLE ANNUALLY.
The Code- helps to explain what is in the Act and gives guidance on both compliance and good practice. It requires you to carry out impact assessments and implement policies so you can complete the notification.
Some examples of things in the code, is your CCTV.....
- really necessary and proportionate?
- producing good enough images to use?
- maintained properly by an appointed data controller who can assist with image requests?
- up to standard and properly maintained?
- kept in safe storage restricted to fully trained authorised staff?
- subject to proper viewing procedures; not seen by customers?
- too intrusive and an invasion of privacy?
- only recording your property or is it facing neighbouring areas you are not allowed to record?
- deleted regularly so you aren't keeping images for too long?
