Home CCTV Law
Nowadays, CCTV installation by security-conscious homeowners is a common occurrence. CCTV cameras when you’re out and about are a normal sight, but it’s never a bad idea to consider their installation at home to help keep your property safe from harm.
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Installing CCTV to comply with Home CCTV Law
When installing CCTV cameras at your home, ensure that you know the right information concerning data protection laws.
To be on the safe side with these laws, you should ensure your CCTV camera captures only those images within the boundary of your premises. If your CCTV cameras capture images outside your perimeter, then applying for data protection law is not an option for you.
CCTV laws are set to ensure that the privacy of others is observed and protected. Let’s discuss the laws that govern CCTV installation in the UK, so you know your rights and have all the information you need to feel comfortable with your CCTV system.
It is the mandate of the Information Commissioner’s Office (ICO) to enforce and regulate the 2018 Data Protection Act and GDPR (General Data Protection Regulation). This office is responsible for publishing guidelines that inform domestic CCTV owners of their obligation regarding data protection law. The DPA and GDPR apply to any property owner who has a CCTV that captures their neighbour’s homes, public areas or shared spaces. The ICO office is also instrumental in answering any queries that domestic CCTV users may have and give advice on the next course of action in case of a CCTV footage dispute.
Not all domestic CCTV users need to comply with DPA regulations. Data protection law does not apply to cameras that cover only the domestic user’s property. Any visitor who visits these private premises, whereupon their image is filmed, cannot claim any data protection. When the cameras are in a position where they can film images beyond the user’s property – for example, filming the neighbour’s garden, public footpaths, or the street – anyone whose image is captured by these cameras is covered by DPL rights. When a CCTV captures images in a general public area, it is essential to note that this is not a breach of DPL laws.
It is recommended that you let people know that your CCTV cameras capture images beyond your boundary. Always have a good reason why you’re using CCTV in this area, particularly if asked by the ICO or your neighbours. Your explanation to them should answer why the images are essential to you. Note that the data protection law has published several rights that protect anyone from being filmed by a CCTV camera that captures images beyond its boundary.
Having signposted your CCTV area clearly, it is vital that you ensure that you capture usable footage that helps you attain the objective of using the system.
Any person has the right to access footage/information whereupon their image is identifiable in your CCTV recordings. Per request, any domestic CCTV user should provide the footage/information within one month, except for homeowners who regularly delete their CCTV footage. Note that footage access should be kept extremely limited and footage stored in a secure area.
If you think CCTV footage has captured you outside of the homeowner’s boundary, you have a right to instruct the homeowner to delete any footage which has accidentally or purposefully captured your image. This is also true of the opposite: anyone who has a reasonable belief that you’ve unlawfully obtained footage of them can instruct you to delete their image from your recordings.
Any domestic CCTV user who fails to comply with the DPA will face ICO enforcement action. The ICO may decide to give you a fine or subject you to a legal move using the help of any affected individuals. It’s important to note that individuals who follow this ICO regulation to the letter will have little to no issue, making it difficult for ICO officers to subject unwarranted law enforcement.
To summarise…
When installing a CCTV system that will film beyond your boundary, it is advisable to inform your neighbour(s) and explain its benefit and usefulness. Please give them full details of your surveillance equipment and whether it involves sounds, images or both. Assure them that their images will be kept safe and let them know you will fully adhere to the regulation laid out by the data protection law and ICO. It’s also essential that you’re clear when it comes to the period of access to retained footage before deletion.
By keeping the topics we’ve explored here in mind, your domestic CCTV operation can be left to do its job perfectly.
What is the law on having CCTV in your home?
Much of modern life is played out in public, via the internet and social media. CCTV systems have become increasingly common throughout businesses and homes, not least as the equipment is now highly affordable. So, what’s to stop people putting cameras all over the place, recording you going about the daily life, and potentially sharing those images wherever they want?
To prevent CCTV being used inappropriately and to protect the owner of the equipment from potential legal action, there are strict regulations on how CCTV should be installed, and under what circumstances.
As soon as CCTV became popular – and affordable – clear regulation was needed. The Protection of Freedoms Act (2012) was introduced to control the way CCTV is used in public spaces throughout England and Wales. This was followed up by a surveillance camera code of practice issued in 2013 by the Secretary of State. This provides clear guidelines on the purposes CCTV can be used for.
The Government has even created the role of Surveillance Camera Commissioner. Their office exists to ensure compliance, but also to review the way regulations are operating and to provide advice about using cameras.
The images that you create by using CCTV systems comes under a different Government department – The Information Commissioner’s Office (ICO) which oversees the Data Protection Act (DPA).
The main thrust of all the CCTV regulation and the code of conduct is to protect every individual’s right to privacy. CCTV can be used for security and to protect property, but for no other purpose.
So, for example, you can’t use it to measure your customers’ buying patterns and behaviour, or to spy on your neighbours. Putting CCTV in a particularly sensitive setting, such as a changing room, for example, is very much outside of the law.
Wherever you have CCTV cameras, the law demands that you warn people that their movements are being monitored. This involves having signs that clearly state CCTV is in operation in that area.
The law acknowledges that you have a right to protect your home and that CCTV systems offer a valuable security measure. However, though CCTV is now commonplace for people’s own homes, the Government is concerned about the rights of people who live near the property or who walk past it. They have issued guidelines on positioning external cameras and being respectful of neighbours.
How you use any images you generate from your camera is covered by the Data Protection Act. There are strict regulations on keeping such material private and never sharing it on public forums (such as social media).
The images can only be used for security issues and can only be kept for a reasonable amount of time before being destroyed. It is also important to ensure that only people responsible for security have access to the images and film.
Amongst the other things that you need to keep in mind when installing CCTV is that you must make sure that day and time stamps are accurate. You will find it difficult to use in evidence if that is not adhered to.
If anyone asks to see images you have recorded that feature them, by law you must provide that within 40 days. You can charge an administrative fee of up to £10.
A qualified and up-to-date installation firm will advise you on systems, locations and uses for CCTV equipment that keep you well within the confines of the law.
When it comes to CCTV, especially in the home, there are a few legal implications that you will have to bear in mind.
There is that fact that you could be filming people walking past your home, which some would say is an infringement on human rights.
So where do you stand? Under the Data Protection legislation (Data Protection Act 1998) CCTV installations within domestic premises do not require to be registered with the Information Commissioner, which was once classed as the Data Protection Registrar.
Despite this, it is still advised under the Human Rights Act legislation that you make every effort to ensure that ‘collateral intrusion’ of nearby premises or public areas are kept at a minimum. With this in mind, you may have to think carefully about where you place the cameras.
What is the law on CCTV in the home?
There are clear advantages to installing CCTV on your property. But it is important to know home CCTV law.
First and foremost it acts as a deterrent to would-be thieves and criminals and sometimes, more importantly, gives you peace of mind to know that, should anything happen to your home, you will have evidence that will help to reveal answers. It also helps to make many people feel safer.
Home CCTV Law
However, when it comes to CCTV, especially in the home, there are a few legal implications that you will have to bear in mind. There is that fact that you could be filming people walking past your home, which some would say is an infringement on human rights.
So where do you stand? Under the Data Protection legislation (Data Protection Act 1998) CCTV installations within domestic premises do not require to be registered with the Information Commissioner, which was once classed as the Data Protection Registrar.
Despite this, it is still advised under the Human Rights Act legislation that you make every effort to ensure that ‘collateral intrusion’ of nearby premises or public areas are kept at a minimum. With this in mind, you may have to think carefully about where you place the cameras.
