Val Moore looks at the implications and legal requirements of installing CCTV on private property.
Before installation employers must ensure that their CCTV surveillance system has a legitimate purpose and is proportionate, as everyone has a right to privacy. There should be no surveillance of the public without their consent. In practice, this may mean placing signs to warn people.
Benefits of CCTV systems
security for staff, parents and children
access control assistance
video evidence which can be legally admissible.
Most uses of CCTV are covered by the Data Protection Act 1998, which sets rules that CCTV operators must follow if they gather, store and release CCTV images of individuals.
To comply employers must:
be registered with the Information Commissioner
display signs to highlight the use of CCTV on the premises
in areas where privacy would normally be expected (eg changing rooms, toilets, etc), use CCTV only in exceptional circumstances
not record conversations between members of the public, unless exempt
ensure someone in the organisation is responsible for the CCTV images
have clear procedures on how to use the system, when to disclose images, and a policy on how long images will be retained for
regularly check procedures are being followed
ensure that the CCTV equipment works properly.
When considering the use of CCTV a security assessment of the site and an impact assessment of using CCTV will need to be carried out. CCTV alone is not a complete solution to a security problem, and a security assessment should be carried out in addition to assessing whether such a system is necessary and proportionate to the problem.
Consider the following.
Who will be using the CCTV images and who will take legal responsibility under the Data Protection Act?
What are the benefits of using CCTV? Does its use address a clear need?
Can CCTV technology solve the problem, or are there other solutions such as better lighting that can deliver the same benefits?
Is it necessary to take images that can identify individuals?
Has there been a consultation with those people who will be under surveillance, and has every effort been taken to minimise intrusion on privacy?
Policies and procedures
When purchasing and installing a new CCTV system, clear policies and procedures need to be drawn up to cover:
details of the organisation’s use of CCTV and the purpose of using CCTV
how images will be stored, used and destroyed
justification that the information recorded is adequate, relevant and does not exceed what is necessary
maintenance and upkeep of the system
how CCTV is integrated into the security system
how CCTV will be used by the staff operating the system
what the protocol is should an incident be recorded
how staff involved in the use of CCTV will be vetted.
Location of cameras
Under the Information Commissioner’s Office CCTV Code of Practice it is vital that the location of permanent and movable cameras is considered carefully to achieve the purpose for which CCTV is used.
Both permanent and movable cameras should be sited and image capture restricted to ensure that they do not view areas that are not of interest and are not intended to be the subject of surveillance, eg individuals’ private property.
Only the relevant areas should be viewed.
CCTV footage should be taken only at appropriate times.
Technology should be used to take images only when needed, eg only taking footage of movement in an area.
Images need to be of appropriate quality.
It is important for providers to distinguish between CCTV surveillance of staff behaviour and their performance. CCTV should not be used to monitor the performance of workers, but may be appropriate in some cases, eg if criminal behaviour is suspected.
Any use of CCTV to monitor staff should be justified as part of the impact assessment. In some instances, better training or greater supervision would be a more appropriate solution.
Staff should be told when they are being monitored.
Provided that employees have been informed of the CCTV surveillance and that they do not object, it is assumed that they have waived their right to object. However, an employee who feels that he or she is being singled out for CCTV surveillance might resign and claim constructive dismissal on the grounds of breach of implied duty of trust and confidence owed by the employer.
In exceptional circumstances, covert monitoring may be used as part of a specific investigation. Before approving covert monitoring, the following points should be considered.
Is this an exceptional circumstance and is there a reason to suspect criminal activity or equivalent malpractice?
Will the cameras be used only for a specific investigation and will they be removed once the investigation is complete?
Would it prejudice the investigation to tell workers that cameras are being used?
Has the intrusion on innocent workers been taken into account?
Has the decision been taken by senior management?
Installation of a suitable system
If it is determined that a CCTV system is necessary, the technical specifications should then be identified and this is best discussed with professionals in the field.
Details of independent security consultants can be obtained from the Association of Security Consultants.
However, the installation of CCTV equipment by contractors falls under the meaning of the term “construction” as set out in the Construction (Design and Management) Regulations 2007. Therefore it is the duty of the provision to check the competency of the system installers and to ensure that, once installed, a camera mounting will not fall and injure an employee or passer-by.
Providers should therefore consider closely if there is a need for CCTV cameras and, if so, ensure their proper usage.
Last reviewed 31 July 2014