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New UK code of practice on closed circuit television [2000] PLBIRp 8; (2000) 52 Privacy Laws and Business International Report 12

New UK code of practice on closed circuit television

THE BRITISH STANDARDS INSTITUTION has adopted new guidelines for the management and operation of closed circuit television. The guidelines also address privacy issues. More guidance will be provided soon by the Data Protection Registrar, who will publish a CCTV code later this year.

The issues surrounding the use of closed circuit television (CCTV) to observe public places are now more acute than ever before. The UK adopted, in 1998, a Human Rights Act, which will come into force on 2nd October this year. Article 8 of the Act that guarantees the right to privacy will require the police and other users of CCTV to ensure that surveillance techniques are not used excessively.

The new UK Data Protection Act 1998, which will come into force in March, sets new restrictions on the processing of individuals' data - in this case pictures of individuals. As the processing of images will fall under the new data protection law, use of CCTV will be regulated much more tightly than before.

TWO CODES IN THE FUTURE

The Registrar's new power to initiate codes of practice will soon materialise in a code of practice on how to manage personal data in a CCTV system (PL&B Sep '98 p.20). A draft was circulated for consultation in early January (Code of Practice for users of CCTV and similar surveillance equipment monitoring spaces to which the public have access).

In the meantime, the British Standards Institution (BSI) has prepared its own code about the operational side of CCTV. The code, which is in the form of guidelines, is not a standard in the sense that it would have to be treated as a specification. The BSI points out that compliance with the guidelines does not free organisations of legal obligations.

USE OF CCTV EXTREMELY WIDE

The UK uses CCTV systems much more widely than other European countries. According to Privacy International, the privacy advocates' group based in the UK, £150-£300 million is spent yearly in the UK on CCTV systems. There are some 400,000 cameras across the country and the Government has made more funds available to install new systems. The CCTV cameras are mainly used in town centres, shopping areas, public transport and other public places.

While it is claimed that the use of CCTV has reduced crime rates in some areas, there are many opposing views. Several community groups have taken action against CCTV monitoring. The question is about finding a balance between the right to gather information that is of public interest and the right of an individual to be left alone. Apart from the problem of unnecessary surveillance, there are concerns about careless processing of data and unauthorised data matching.

The new guidelines by the BSI set out clear principles for the management of a CCTV scheme. The objectives of such schemes must be documented in writing, and there should also be a written policy statement identifying, for example, what kind of complaints policy is in place.

The guidelines recommend procedures that follow good practice, as well as audits by an independent body to monitor the schemes. The guidelines also address general management responsibilities with regard to CCTV, and training to be provided for the staff operating a scheme. Other issues that are discussed include privacy and disclosure questions, and management of recorded material.

STRICT RULES APPLY TO PROVIDING SUBJECT ACCESS

The BSI guidelines recommend including so-called "privacy zones" to ensure that the interior of any private property within the range of the scheme is not surveyed by the cameras. As to disclosure issues, the guidelines state that recorded material should be used only for the specified purposes, and that access to the recorded material should be limited. There should also be specific prohibitions on disclosure for commercial purposes.

Subject access to recorded data is provided under the Data Protection Act 1998. A search request should provide enough information so that the operator of the system is able to track the data. The guidelines suggest that the request should specify date, place and time within a 30-minute margin.

The operator must provide a copy of the data, and, where possible, blank off other individuals by editing the picture on the screen. If this is not possible, the recorded material should be sent to an editing house for processing. If the individual agrees, the data may be provided by inviting the data subject to view the data. However, the requirement to edit out any additional individuals in the pictures still applies.

More guidance on subject access issues will be provided by the Office of the Data Protection Registrar (ODPR) in the form of a code of conduct on CCTV.

The British Standards Institution adopted the guidelines for the use of closed circuit television on 15th December 1999. The guidelines have been developed in co-operation with the Association of Chief Police Officers, the Home Office, British Retail Consortium and others. The guidelines, entitled BS7958:1999 Code of Practice for the Management and Operation of CCTV, are available from

BSI Customer Services,

389 Chiswick High Road,

London W4 4AL,

Tel: + 44 (0)20 8 996 9001

Fax: + 44 (0)20 8996 7001

E-mail: info@bsi.org.uk.

Price £50 (£25 for BSI members).

CCTV at the workplace

CCTV cameras have been introduced at workplaces to monitor performance or provide a useful means of attacking crime within an organisation. The BSI guidelines do not address the question of using CCTV surveillance in this context. The issue of workplace monitoring has been dealt with by the International Labour Office in its Code of Practice, which was adopted in 1997 (PL&B Aug '97 p. 12 & Sept '98 p. 11-12).

The ILO code recommends that if workers are monitored, they should be told in advance the reasons for monitoring. The employer should minimise the intrusion into the privacy of the workers. Secret monitoring should be permitted only if there is suspicion of criminal activity, or if it conforms with the national legislation.

A human resources code of practice, currently being drafted by the Registrar's office, is likely to address the issue. A preliminary report prepared by the Personnel Policy Research Unit (PPRU) lists several data protection issues that users of CCTV systems have to take into account. The most important of these are:

• location of CCTV cameras

• use of covert monitoring techniques

• existence of third party images on video tapes

• use of surveillance other than for

genuine security purposes

• security of images once they have been recorded

• duration that CCTV tapes should

normally be held by employers

• legality of decisions based solely on video material.

The ILO code of practice, Protection of Workers’ Personal Data, is available from

ILO publications, International Labour Office,

CH-1211, Geneva 22, S,

Switzerland.

The code is available in English, French and Spanish.

Price: 15 Swiss Francs.

The PPRU report is available on the Data Protection Registrar’s website at http://www.dataprotection.gov.uk/ppru.html.