CCTV legal requirements

CCTV LEGAL REQUIREMENTS AND LAWS EXPLAINED FOR DOMESTIC USE

More and more people are starting to invest in CCTV cameras, both for domestic use. They help protect homes from criminal activity, as well as inadvertently recording other occurrences, such as road traffic collisions, for example. There’s no doubting that CCTV cameras are incredibly useful and worth investing the time and money in. However, there are legalities which must be adhered to with regards to

Can I install CCTV at home?

The short answer to this is yes, you have the right to protect your property and CCTV will do just that. Before buying and installing your CCTV system, ensure you have a definitive answer to the following questions:

• Why do I need CCTV? • What do I want the CCTV cameras to record? • Are there any other measures I can take to help increase the protection of my property?

Do you need permission to install CCTV?

To install CCTV on a domestic property, permission isn’t normally required. If you live in a listed building or in a conservation area, there may be some restrictions with regard to the installation of security cameras. To check, speak to your local planning authority before purchasing equipment. Prior to the installation of CCTV on commercial premises, register with the ICO and a Privacy Impact Assessment must be conducted. Subsequently, strict guidelines must be followed.

Is CCTV covered under the Data Protection Act (DPA)?

CCTV of any kind, whether being used for domestic or commercial purposes, is included under the DPA and the ICO. It is highly recommended that anyone using CCTV must conduct a Data Privacy Impact Assessment, ensuring that you’re not reducing the privacy of data subjects. 42

How do I comply with the DPA?

Simply, you must follow the guidelines that have been set by the ICO. Different rules and regulations must be adhered to depending on whether you plan to use it for domestic or commercial purposes.

Domestic CCTV can be controversial, as a result, there are guidelines which must be followed:

• You must have a valid reason for installing CCTV on your premises.

• You need to know the designated areas in which the recording will take place and subsequently notify your neighbours.

• A sign must be visible, stating that surveillance is taking place.

• Ensure your camera is positioned away from your neighbours property. If this isn’t feasible, you can use privacy masking. • If you wish to operate CCTV outside of your property boundary and do not wish to use privacy masking, you must register as a CCTV operator with the

ICO.

• You’re not allowed to record conversations between members of the public. • You cannot keep recordings for longer than necessary (31 days is standard).

• Ensure the date and time is set correctly. • Only use collected footage for the purpose of protecting your property.