How UK data protection laws affect you and your security system.
Deciding what is the best CCTV system for your home can involve all sorts of considerations, but would you give any thought to data protection?
Most people think about the number of cameras they need, where they’ll be positioned for maximum coverage and details like system
specifications for example ultra-HD cameras, night vision, and
smartphone app control. It’s fair to say, most people don’t think about data protection.
The UK Data Protection Act 2018 specifies how businesses and individuals process and manage any data they gather – and you might not realise it but a domestic CCTV system regularly captures people’s personal data.
Images of visitors to your home, delivery drivers, family members coming and going, and many other people will be captured by your CCTV cameras. These are all examples of personal data that could fall within the Data Protection Act.
Fortunately, data protection laws do not apply to home CCTV systems that only capture images within the boundaries of your property.
But if your CCTV cameras cover public spaces such as roads and
pavements, or spaces shared with others, for example driveways, gardens and parking areas, the issue becomes more complicated.
Although you may see it as a benefit to have a security camera capturing the comings and goings on your street, this could be considered an invasion of privacy for other users of this space and as such, fall within the Data Protection Act.
If you fail to comply with regulations set out in the Data Protection Act, you could be fined by the Information Commissioners Office (ICO). An individuals whose privacy has been infringed, could also take legal action against you and claim compensation.
So what’s the easiest way to avoid these risks?
Position your CCTV cameras so they only capture images within the
boundaries of your property. In most cases, this will provide the security needed to protect your home from intruders or unwanted visitors, steering clear of any privacy issues.
In some situations, CCTV will need to capture public or shared spaces in order to secure your home. If that’s the case, the following tips will help reduce the risk of enforcement action being taken:
– Do you have clear and justifiable reasons for capturing images outside your property boundary? If asked, you need to be able to explain these reasons to the ICO or an individual, so write them down now.
– Make sure people know they are being recorded. Put up clear signage explaining that CCTV recording is taking place.
– Make sure any CCTV recordings are saved securely so that no one can watch it without good reason.
– Only keep footage for as long as needed and delete older CCTV
recordings regularly. Maintain a record of how long images are kept and why.
– Ensure the CCTV system is only used for the clear and justifiable reasons you initially outlined. Explain to family members and others who could have access to the system that it shouldn’t be misused.
– Do not release any footage to third parties, except the Police and other authorities when using the footage for investigation following a crime.
Alongside this, you must also maintain data protection for any people
recorded by your CCTV cameras. These people have a right to access any images of them that you hold. If they make a subject access request, either verbally or in writing, you must give them a copy of any footage within one month.
You must also delete any footage of people who request it, unless the
footage is needed for an ongoing legal dispute. In this case, you must
explain why it can’t be deleted and that they can challenge this decision in court or complain to the ICO.
If an individual objects to you capturing any more images of them on your CCTV system, you should consider very carefully why it is necessary to record images outside your property’s boundary, especially if it captures images of a neighbour’s home or garden.
To reduce the risk of these kind of situations occurring, it’s a good idea to speak to your neighbours before installing CCTV that captures images outside your property’s boundary. You could also show your neighbours the kind of footage you are capturing to allay any fears or concerns they may have.
Remember, this guidance also applies to devices such as video cameras fitted to doorbells.
If you need any support with CCTV for your home, get in touch. We’re
experts in CCTV system design, installation and maintenance. Call on
01246 888 444 or email [email protected]
.
Recent Comments