In a message dated 31/05/2001 16:26:05 GMT Daylight Time,
[log in to unmask] writes:
<< The Commissioner's Code doesn't restrict her example to instances where the
cctv scheme is for the prevention or detection of crime.
Your point, therefore, raises several interesting issues, such as:
- to what extent can reliance be placed on the Code if one suspects that the
Act places a greater duty than is specified in the Code
- to what extent must local authorities have specific statutory authority
for the use of cctv
- to what extent must signs give specification of the uses of the cctv
scheme. For instance, in a sports centre the purposes could be anything from
the usual prevention and detection of crime, etc through to the general
safety of users of certain facilities where the facilities are left
unattended (even through to assisting someone who has dropped some property
within the building!)
Just as an aside - are cctv images ever likely to be sensitive personal data
either by reference to the person's appearance or behaviour on screen? >>
-------
1) I don't think the code describes a lesser requirement than the Act, it's
just that the examples given may be misinterpreted. The code itself in the
"standards" sections are a reflection of the legal requirements.
2) The statutory duties relate to (for example) crime and disorder, town
centre traffic, and public safety. Although CCTV is not specified in law,
it is the chosen methodology in most cases.
3) The purposes stated must be the non-obvious ones such as (again, only
examples) parking fee enforcement (some owners think the cameras are there to
protect their cars), community safety (could cover disorder as well as
crime), contract compliance (the statement for this could be included in the
public works contract rather than on the sign), etc. In the sports centre,
"for your safety" is a shorthand way of describing the purpose you describe.
If the person who has dropped something of value is assisted in retrieving
it, I doubt they would complain but if he/she dropped litter and was
approached about it you would have to show it was a crime or a breach of the
rules of attending the facility.
4) Yes, CCTV images can be sensitive if for example they show a person's
disbilities, physical health, mental condition, religion (from their attire)
etc., and they can be sensitive if they show an alleged or real offence.
Ian Buckland
MD
Keep IT Legal Ltd
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