Data protection and the security of the footage is important, particularly if monitoring of the footage is done offsite. Data protection act 1998 and cctv surveillance systems. In 2004, the successor to the data protection agency, the information commissioners office clarified that this required registration of all cctv systems with. Cctv and data protection the general data protection regulation gdpr and the data protection act 2018 apply to the use of domestic cctv. January 2017 2 data protection act 1998 the data protection act operates in england, wales, scotland and northern ireland and legislates how our personal information is used by organisations, businesses and the government. The information commissioner has responsibility for regulating and enforcing data protection law, and. In the united kingdom the data protection act 1998 imposes legal restrictions on the uses of cctv recordings and mandates the registration of cctv systems with the data protection agency. It is estimated that 85% of all uk secondary schools currently have cctv systems in operation. We created this website to bring together and provide factual information, that can be trusted and easily understood by the man in the street. This paper attempts to apply the decree to the widespread introduction of cctv. The cctv system is operational and is capable of being monitored for 24 hours a day, every day of the year.
For the purposes of the code and dpa compliance the following systems may fall under the broad definition of. This code was updated in 2000, 2008, 2014 and 2017 with the latest version being available as part of our data protection information pack. This request must be referred to the data protection officer, whose responsibility it is to. Images of people are covered by the data protection act, and so is information. A data protection code of practice for surveillance cameras and ico. It will also encourage the industries that supply and service surveillance camera systems to follow and demonstrate good and best practices. If you have a business in the eu, then you will be aware of the general data protection regulation, gdpr. The use of cctv in schools is now commonplace in the uk. Any new cctv camera installation is subject to a privacy assessment. The ico have issued guidance to help organizations who use cctv to help them. The university will have due regard to the data protection act 2018, the general. Most uses of cctv will be covered by the data protection act. The university has installed a comprehensive cctv surveillance system across the edinburgh campus for the principal purposes of preventing and detecting crime and promoting public safety.
Data protection rules do not apply if you install a camera on your own home for household purposes for example, to protect it from burglary. The main intent is to protect individuals against misuse or abuse of information about them. A national surveillance camera strategy for england and wales. In combination with the dpa, the ico code of practice is designed to bring. Images of people are covered by the data protection act, and so is information about people which is derived from images for example, vehicle registration numbers. This paper attempts to apply the decree to the widespread introduction of cctv technology in schools and argues that the various elements of statute are impractical or inappropriate to educational institutions. The data protection act 1998 requires that eight data protection principles be followed in the handling of personal data.
Monitoring and surveillance in the workplace last updated. Although not a relevant authority, the university will also have due regard to the surveillance camera code of practice, issued under the protection of. Cctv code of practice and data protection act compliance. Apr 01, 2020 using cctv in the uk is subject to the data protection act 2018 dpa 2018 and the general data protection regulation gdpr. In respect to cctv, the data protection act 1998 came into force on march 1st 2000 and the information commissioner issued a code of practice for cctv systems. Data protection act 1998, section 34 is up to date with all changes known to be in force on or before may 2020. Data protection act 1998 subject access request cctv systems. The code was developed to explain the legal requirements operators of surveillance cameras were required to meet under the act and promote best practice. Where organisations are using cctv systems, data subjects must be informed of their existence, they should also be informed as to whether the cctv systems are visual andor auditory. Auditory systems are seen as more privacy intrusive that purely visual recordings. The ico have issued guidance to help organizations who use cctv to help them comply with the data protection act 1998.
Gwynedd council reserves the right to verify the identity of the individual making the request. There are changes that may be brought into force at a future date. General data protection regulation gdpr, the data protection act 2018 dpa and. Exemption from certain provisions of the act is available for the purposes of safeguarding national security or if compliance would prejudice crime prevention and detection purposes. A cctv system must be registered in order to comply with the data protection act of 1998.
Downloading of recorded material prerecorded cctv data should not be downloaded due to potential infringement of the data protection act. Data protection regulation gdpr and any subsequent data protection legislation, and to the freedom of information act 2000, the protection of freedoms act 2012 and the human rights act 1998. Regulating the use of cctv data protection act 1998 this sets out how data must be processed, including how it is obtained, held and shared. However, the use of cameras for limited household purposes is exempt, providing that the field of view is limited to the householders own property. Any business which uses a cctv system for security or monitoring purposes needs to be aware of its legal obligations. Mar 12, 2016 the data protection commissioner has issued updated guidelines in december, 2015 in respect of the use of cctv. Personal data shall be processed fairly and lawfully the first data protection principle requires that the data controller has a legitimate basis for processing. Principles of the data protection act in relation to cctv surveillance. Technologys role in data protection the missing link in.
Changes that have been made appear in the content and are referenced with annotations. Most people, when they begin to look into cctv, have little way of knowing where to find expert advice. For the purposes of the data protection act 1998, the data controller is heriotwatt university. Data protection act 1998 subject access request application form how to apply for access to information held on the cctv system these notes explain how you can find out what information, if any, is held about you on the cctv surveillance system. Since 24 october 2001, it has been a criminal offence to have an unregistered cctv system that records people in a public or a private place conditions apply. Under the provisions of the act gwynedd council must respond within 40 days to the request. The introduction of the data protection act 1998 dpa enacted in march 2000 meant that for the.
There are very strict guidelines on the use of data including. The data protection act 1998 requires every data controller e. They should do this by expressing their wish to access information under the terms of the data protection act 1998 in writing. Protection of freedoms act 2012, data protection act 1998, private security industry act 2001, human rights act 1998, crime and disorder act 1998 and other associated guidance. This code deals with surveillance in areas to which the public have largely free and unrestricted access because, as the house of lords committee highlighted, there is particular concern about a lack of regulation and central guidance in this area. Pdf uk schools, cctv and the data protection act 1998. The cctv system can export images to an mp4 file format which can be accessed by the data subject on his personal computer. Data protection act 1998 this sets out how data must be. Closed circuit television cctv systems used within the business and is based on the. No data subject will be given access to cctv footage unless they make a formal data subject access request. Cctv code of practice and the data protection act cia alarms. As a collector of data the recorded images from a camera system, organisations automatically fall under the provisions of both the data protection act and the human rights acts.
Data should only be downloaded or saved if it forms part of an investigation into a serious occurrence including a staff conduct or performance matter. The introduction of the data protection act 1998 dpa enacted in march. Page 6 how ic2 helps you follow ico best practice and avoid breaking the dpa ic2 is a leading midmarket security systems provider and was established in 2001. A small system compliance pack containing the documentation that is needed to prove.
The icos data protection act 1998 legal guidance is available on the ico website. The data controller uses a file encryption product to encrypt the data before saving onto a cd with a copy of the encryption software and posting it to the data subject. The general public expect cctv surveillance systems to be used responsibly with regulations and safeguards in place. If you use cctv on your business premises for the purpose of crime prevention, you need to register with the information commissioners office. Data protection act 1998 local subject access request v2. The data protection act 1998 dpa is designed to protect individuals privacy rights and regulate the way in which personal data is used. Operation of the universitys cctv surveillance system the system. The data protection act 1998 dpa 1998 is an act of the united kingdom uk parliament defining the ways in which information about living people may be legally used and handled. Sops for data protection, use and disclosure, the training of cctv monitoring staff as well as secure storage and data transmission are clearly necessary. Closedcircuit television cctv policy 1 introduction the purpose of this policy is to ensure that the university of aberdeen, as the data controller in terms of the data protection act 1998, operates its cctv or similar systems in a way that complies with the law and that the scope and responsibilities for the systems are clearly defined. For the purposes of the data protection act 1998, the data controller is nottingham trent university. This registration includes the closed circuit television cctv systems that are in use at each academy. Any proposed new cctv installation is subject to a data protection impact assessment. The dpa gives individuals certain rights over their personal data and place obligations on organisations, who are data controllers, in relation to the processing of.
Uk schools, cctv and the data protection act 1998 learning. Organisations that do not comply can face high fines and other enforcement action such as stopprocessing orders. The introduction of the data protection act 1998 dpa enacted in march 2000 meant that for the first time cctv had direct legislation governing its use in the uk. Your rights subject to certain exemptions, you have a right to be told whether any personal data is. The introduction of the data protection act 1998 had far reaching consequences for. There are statutory requirements to carry out a dpia in section 64 dpa 2018 and article 35 of the gdpr. The pofa in particular has an important role in regulating surveillance systems, creating the role of the surveillance camera commissioner. Using cctv and data protectionthe facts you should know. Because recognisable images captured by cctv systems are considered to be personal data, as defined by the data protection acts in ireland, and are subject to the provisions of data protection legislation. The data controller uses a file encryption product to encrypt the data before.
1236 1176 1241 1387 239 1253 593 1013 1421 1019 909 103 500 1045 1146 1535 985 654 733 138 210 211 1164 184 1092 38 1487 775 75 344 604 308