Legal Aspects Of Cctv

[tinnitus]

i dont agree, will post back when i check. gimme 10.

OK, if it looks outwith the garden area, onto a path for example, it has to adhere to the DATA PROTECTION ACT 1998 and the HUMAN RIGHTS ACT 1998. five considerations are

1, REGISTRATION. it may have to be registered with the OFFICE OF THE INFORMATION COMMISSIONER

2. SIGNAGE

3. SYSTEM DESIGN

4. RECORDING

5. SECURITY OF DATA

i will elaborate on any point if required.

If it only looks at your private property, you should be OK, however, you still have postmen, milkmen, paperboys etc who might come to your door.

remember you have to supply images you have recorded if anyone asks for them. you also have to obscure anyone else in the video sequence at the same time. this requires a bit of editing.

HOWEVER!

Schemes which are "covert" by design

signage not required:

-if it would compromise objectives

-if a scheme is carried out for a limited time period

-if reasonable grounds exist to suspect specific criminal activity

-to secure successful prosecution

so as we cant agree i think you should call and find out. the only official answer you will get is from.....

the officer of the information commissioner. don't know the number but that's the best starting point

[amateurandy]

i have never had to do this before but how do you register with the dpa?

Start here: http://www.ico.gov.uk/

[tinnitus]

Start here: http://www.ico.gov.uk/

this is the way to go, i would speak to someone if you can. you dont want to get into trouble. you also dont want the very people who are giving you hassle learning there rights then asking you every day for a copy of the video of passing by the door. you can charge for this though so maybe not a problem

[advancedprotection]

has someone got the exact link from ico as i can't seem to find where to register.

[amateurandy]

has someone got the exact link from ico as i can't seem to find where to register.

You really do need to read up on their advice first. Then best to phone them; it's all there!

[ilkie]

OK, if it looks outwith the garden area, onto a path for example, it has to adhere to the DATA PROTECTION ACT 1998 and the HUMAN RIGHTS ACT 1998. five considerations are

1, REGISTRATION. it may have to be registered with the OFFICE OF THE INFORMATION COMMISSIONER

2. SIGNAGE

3. SYSTEM DESIGN

4. RECORDING

5. SECURITY OF DATA

i will elaborate on any point if required.

If it only looks at your private property, you should be OK, however, you still have postmen, milkmen, paperboys etc who might come to your door.

remember you have to supply images you have recorded if anyone asks for them. you also have to obscure anyone else in the video sequence at the same time. this requires a bit of editing.

HOWEVER!

Schemes which are "covert" by design

signage not required:

-if it would compromise objectives

-if a scheme is carried out for a limited time period

-if reasonable grounds exist to suspect specific criminal activity

-to secure successful prosecution

so as we cant agree i think you should call and find out. the only official answer you will get is from.....

the officer of the information commissioner. don't know the number but that's the best starting point

Sorry, but residential CCTV is specifically exempt from the Data Protection Act.

To quote the ICO web site

"Q: My neighbour has CCTV cameras overlooking my property. Is this in breach of the Data Protection Act?

If your neighbour is a private individual e.g. the cameras are on their residential property, it is unlikely that they will be breaching the Data Protection Act because there is an exemption for domestic/household processing of personal data as long as this does not involve putting personal information on a website or otherwise disclosing it to the world at large without good reason. They may however be breaching other legislation, such as the law about harassment or voyeurism, and so may be referred to another body such as the police to investigate"

I believe the Human Rights Act does not apply as well.

Ilkie

[tinnitus]

Sorry, but residential CCTV is specifically exempt from the Data Protection Act.

To quote the ICO web site

"Q: My neighbour has CCTV cameras overlooking my property. Is this in breach of the Data Protection Act?

If your neighbour is a private individual e.g. the cameras are on their residential property, it is unlikely that they will be breaching the Data Protection Act because there is an exemption for domestic/household processing of personal data as long as this does not involve putting personal information on a website or otherwise disclosing it to the world at large without good reason. They may however be breaching other legislation, such as the law about harassment or voyeurism, and so may be referred to another body such as the police to investigate"

I believe the Human Rights Act does not apply as well.

Ilkie

its site specific. you cant have a camera looking into another premises for example on either. it may be more against the human rights act 1998. this is why i recommend a call to the office of the information commissioner.

[ilkie]

its site specific. you cant have a camera looking into another premises for example on either. it may be more against the human rights act 1998. this is why i recommend a call to the office of the information commissioner.

Sorry, Human Rights Act only places responsibilities on Public Authorities, not to members of the public.

see

Subsidiarity

The means of operation of the CCTV system should cause minimum interference with the privacy and the rights of the individual and will be tested and enforced through devolved UK courts.

All these issues need to be fully considered before setting up public place CCTV. However, the Human Rights Act only affects those acting as a public authority. There is no express definition in the Act but they include:

 Government departments

 Local authorities

 Police, prison, immigration officers

 Public prosecutors

 Courts and tribunals

 Non-departmental public bodies (NDPBs)

There is really no regulations regarding domestic CCTV, regardless of which direction the camera is pointing, other than nuisance.

Ilkie

[Doktor Jon]

Sorry, Human Rights Act only places responsibilities on Public Authorities, not to members of the public.

There is really no regulations regarding domestic CCTV, regardless of which direction the camera is pointing, other than nuisance.

Ilkie

As the man said, when it comes to domestic CCTV, the DPA, HRA & RIPA 2000 have no effect, and can therefore be discounted.

That said, planning legislation most definitely does apply, so any overt cameras installed on ANY property must comply with the various rules on "Permitted Development".

[TSionline]

hi guys

Quick question, i've been reading through some info on the data protection act etc regarding domestic CCTV. and it also my understanding that domestic CCTV has no obligations in regards to the dpa.

However, i was just curious, what if there were fully working PTZ cameras installed on domestic property. These obviously can view far more than lookng at there own property.... whats your thoughts on this? would it now become an issue?