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Without having any in-depth knowledge of this, how can covert surveillance be operated under DPA.

Covert surveillance implies surveillance of individuals - or with a view to identifying individuals.

I thought all such usages had to be registered under the Data Protection Act.

I have come across the British Security Association Industry Assn "DATA PROTECTION ACT 1998 CCTV CODE OF PRACTICE" http://www.bsia.co.uk/pdfs/dpa_cctv.pdf

It exclueds the following:

"a. "Targeted and intrusive surveillance activities."
b. "Use of surveillance techniques by employers to monitor their employees' compliance with their contracts of employment."

c. "Security equipment installed in home by individuals for home security purposes."

d "Use of cameras and similar equipment by the broadcast media for the purposes of journalism."

http://www.crimereduction.gov.uk/cctv7.htm says that:

"CCTV must be overt and signed in order to allow the public to be aware of its use. Also to draw their attention to the fact that they are entering a zone which is covered by surveillance equipment and that CCTV may capture their image. It is only in circumstances which are in accordance with Section 29 DPA 98 (see above) that intrusive hidden cameras may be used. Discreet cameras are permitted as long as the area is signed to that effect."

This website points out that:

"As far as the DPA is concerned, the only CCTV systems that fall within the jurisdiction of the act are those that are dealing with surveillance in 'areas where the public have largely free and unrestricted access.'"

Nick Landau


----- Original Message ----- 
From: "datap" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, March 20, 2006 12:14 PM
Subject: [data-protection] Covert surveillance - CCTV


> Dear all,
> 
> I was wondering if anyone had a policy on the above which they would be
> willing to share?
> 
> I am particularly interested in how this is operated by non-public
> authorities.
> 
> Replies on or off list are fine.
> 
> Many thanks,
> 
> Tanya Holden
> Information Governance Manager
> Metropolitan Housing Trust
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