legal side

[toodarktogoout]

Hi, just a query our neighbour has had damage done to his car recently and has set up a home security camera. We are not sure whether this is a regular CCTV system or webcam... or if this is one and the same. He has a security light and a small camera can be seen on the inside of his window. Does a Statutory Information sign need to be displayed as some neighbours are concerned that this camera is directed towards their homes and does this infringe the Data Protection Act by doing so. Can anyone help please?

[COL]

Hi, I'm new to the forums and did not realize linking to FAQ sheets would cause a delay in posting so this reply will probaly apear a few times.
The DPA rarely covers domestic property although if you live in a sensitive location (beside a school, nursery, police station etc.) camera locations should be discussed with the relevant parties.
The DPA also allows the use of CCTV in commercial and public areas if used specifically in relation to crime - rather than linking to my website FAQ I'll copy and paste it at the end of this message.
From your description of the camera, it sounds like a very basic setup being used to prevent or at least capture any further criminal damage to your neighbours property. It is HIGHLY unlikely that any setup like this would be capable of "spying" on other property - it is most likely a basic fixed lens camera or possibly a webcam with a wide angle view.
If the camera was pointed directly onto neighbouring property and had the capability of viewing close up of windows etc you would probaly have cause for complaint but again it is unlikely - it sounds like your neighbour is just trying to protect his property - who knows, it's possible that his system may put of further vandalism in the immediate vicinity for which he should be congratulated - DPA Info as follows:

One of the most commonly asked questions regarding CCTV is what are the legal ramifications of installing a system. Most people have heard of the DATA protection Act with regard to the holding of information on individuals but may be unaware that the Act also covers the recording of video images.

It should be stressed at this point, that despite misinformation to the contrary, the DPA is not designed to prevent the legitimate recording of video images for the purpose of crime prevention and safety, in fact CCTV installed on domestic premises is normally exempt from the Act. With regard to the covert recording of an area to prevent criminal activity, exceptions are in place to negate the requirement of signage informing an individual that recording is in operation

Listed below is a brief synopsis of the Act with regard to CCTV recording along with useful links to the relevant Government sites.

All installed CCTV systems that have the ability to record video information, with the exception of those on domestic property, are subject to the terms of the Data Protection Act 1998.

The rules state that anyone processing personal data must comply with the eight enforceable principles of good practice. They state that any gathered data must be:-
-Fairly and lawfully processed.
-Processed for limited purposes.
-Adequate, relevant and not excessive.
-Accurate.
-Not retained for longer than is necessary.
-Processed in accordance with the rights of the data subject.
-Secure.
-Not transferred to countries without adequate protection.

A CCTV System must be notified to the Information Commissioner if it meets the following criteria:-

-Does the system collect data?
-Can the data collected be classed as personal data about a particular individual, who can be identified with or without the information?
-Can the system automatically process the recordings to show a specific time-period?
Failure to register a system that meets the criteria laid down above is a criminal offence.

For the information recorded by a CCTV system to be admissible as evidence then it must be collected legally. This means that the system must comply with the Act and so people must be warned that CCTV is in operation. An exception to this can be made for covert surveillance being used to try to stop a specific criminal activity involving specific individuals.

One effect of the law is that it requires that the information gathered by a system cannot be used for any other purposes other than for that it was originally designed, for example: you cannot sell the videos for entertainment purposes.

Other implications of the Act are :- Recordings must be protected against unauthorised access.

Systems must be designed such that they only record relevant images. Therefore the fields of view of cameras must be set up correctly to ensure that they do not include unnecessary details or intrude into the privacy of any neighbouring areas

Information stored on recordings must be 'accurate'. In practical terms this means that all CCTV systems must be correctly configured and maintained, with older analogue systems this requires a program of VCR maintenance and tape replacement to be in place.

Recordings should not be kept for longer than necessary to fulfill the needs of the system.
People have the right to prevent recording their images being recorded. This is normally and achieved by the use of warning signs advising people that if they enter the area beyond their images will be recorded.

People also have the right to request access to recorded images of themselves. Warning signs must give details of who is responsible for the administration of the CCTV system and/or who to contact to request copies of the recorded information.

Due to several recent court cases, the accepted definition of what is termed as personal information with regard to the Act has become more defined. This has resulted in many CCTV systems which were previously subject to the full requirements of the Act being now largely exempt. Significantly, this is the case for CCTV systems using a small number of cameras to record general area views such as in a shop.

Further details of the Requirements of the Data Protection Act 1998 and the Codes of Practice for operating CCTV Systems in a compliant manner along with details of any changes brought about by the recent court cases are available online at the information commissioners website

Please note that to prevent any infringement of European Human Rights Legislation CCTV Systems should only cover areas of your property.

[Jim]

I've been trying to find out the same information myself but getting a comprehensive clear answer isn't easy and it appears to be different for homes and businesses.

My problem is the opposite of yours. I'm trying to set up CCTV and don't want to break the law in the process. As a further consideration I have a primary school across the street from me.

My take on what I've been reading is that a home owner doesn't break the privacy act simply by placing a camera. As common sense would dictate you need to make sure it doesn't overlook neighbouring property as much as can be done practically speaking. It shouldn't be aimed into their windows or over their fence where they may sunbathe or just relax. You can't avoid all collateral viewing but you can't set a camera up to be a voyeur. In simple terms, try to be a good neighbour and watch your own property as much as humanly possible.

You are limited by law not so much in watching but in recording. You must regularly delete recorded footage that does not show criminal activity. In other words, even if you record the neighbours washing their car (as you will if you have a security or webcam set to record on motion) then you should delete such videos as soon as practical. Also you may not broadcast live unprotected (as in passworded web access) video without consent or broadcast any recorded video. Plus you may not use recorded videos for other than they are intended. If you catch a scene of the neighbour kissing the postman you can't keep or use that information for any purpose. You must delete it and not show it to the husband or other people. It matters little whether the man is using a webcam or security cam. They will work the same.

Basically you can only use the camera for it's stated purpose which is crime prevention and prosecution. Any other recording must be deleted. So you must regularly erase your recordings in a reasonable time when no crimes have been reported.

I haven't found a clear answer on if a warning sign must be posted but in my personal opinion I would. And Iain suggested I inform my neighbours which I will do as well as tell them if any of my field of view overlaps their property and by how much.

Please don't take this as legal advice. I'm not a lawyer. This is just a very brief take on what I've been reading elsewhere and most of it is just common sense. If I'm wrong in any of this I hope someone will correct me.

[COL]

Hi, I have posted to this topic several times but for some reason they are not being shown - despite removing links to faqs. I'll paste a FAQ at the end of this and try again.
The DPA in relation to CCTV is pretty well misquoted and misunderstood. The act does not set out to prevent law abiding citizens from installing CCTV in the interests of security and safety. Domestic CCTV systems are normally exempt unless of course you go a little over the top and fit speed domes and the like. Basically, if the cameras are sited within your property and are monitoring within your boundaries, there is rarely an issue. It is always a good idea, as mentioned by Iain in a previous post, to inform your neighbours and if you are located near a school, govement building etc. it may be wise to have a quick word with the relevant parties.
In general the DPA is a lot more relaxed, with most small shops and offices now being exempt. With reference to the storage of archived video the general guideline is 30 days, however in most retail environments this is not practical as it can take 5 or 6 weeks for credit card chargebacks to appear. I have clients who archive for 6 months plus, at the insistence of their insurance companies.
Whilst the DPA is definately applicable to large CCTV installations, the point I'm trying to make is that it depends on the application - If you can explain why you need to store video for longer periods it is possible to do so, within reason.
In relation to the camera behind the window, the DPA specifically exempts signage for covert cameras installed to quote: An exception to this can be made for covert surveillance being used to try to stop a specific criminal activity involving specific individuals.
It is highly unlikely that the camera behind the widow would be capable of spying on neighbour as it sounds like a basic fixed lens type unit or a wecam. The neighbour is probaly and quite rightly concerned that further damage might occur and is only taking steps to gather evidence and/ or prevent reoccurrence.
I'll paste the FAQ in another reply to see if It will post.
Cheers
Jim

[toodarktogoout]

thanks for the information it was really useful. other neighbours are also considering installing webcams or whatever as they seem to be getting their cars scratched regularly and also a satellite dish wire was cut.. we are not really in a bad area with lots of vandalism going on but it is precautionary and a deterrent I think. Many thanks again!

[Jantar]

Originally Posted by toodarktogoout

Hi, just a query our neighbour has had damage done to his car recently and has set up a home security camera. We are not sure whether this is a regular CCTV system or webcam... or if this is one and the same. He has a security light and a small camera can be seen on the inside of his window. Does a Statutory Information sign need to be displayed as some neighbours are concerned that this camera is directed towards their homes and does this infringe the Data Protection Act by doing so. Can anyone help please?

After I installed my CCTV there were a few complaints from the 'good' neighbours who were the cause of the problems who had told the Police that I was spying on them. All I did then was to invite the Police to enter my home when they called and I showed them the setup and its views. They then told me that I was within my rights and that as long as the CCTV did not look into other homes there aws no cause for complaint.
Hope that helps. I have now upgraded my system to a professional one with the whole works.
Jantar.

[Jantar]

Originally Posted by Jim

I've been trying to find out the same information myself but getting a comprehensive clear answer isn't easy and it appears to be different for homes and businesses.

My problem is the opposite of yours. I'm trying to set up CCTV and don't want to break the law in the process. As a further consideration I have a primary school across the street from me.

My take on what I've been reading is that a home owner doesn't break the privacy act simply by placing a camera. As common sense would dictate you need to make sure it doesn't overlook neighbouring property as much as can be done practically speaking. It shouldn't be aimed into their windows or over their fence where they may sunbathe or just relax. You can't avoid all collateral viewing but you can't set a camera up to be a voyeur. In simple terms, try to be a good neighbour and watch your own property as much as humanly possible.

You are limited by law not so much in watching but in recording. You must regularly delete recorded footage that does not show criminal activity. In other words, even if you record the neighbours washing their car (as you will if you have a security or webcam set to record on motion) then you should delete such videos as soon as practical. Also you may not broadcast live unprotected (as in passworded web access) video without consent or broadcast any recorded video. Plus you may not use recorded videos for other than they are intended. If you catch a scene of the neighbour kissing the postman you can't keep or use that information for any purpose. You must delete it and not show it to the husband or other people. It matters little whether the man is using a webcam or security cam. They will work the same.

Basically you can only use the camera for it's stated purpose which is crime prevention and prosecution. Any other recording must be deleted. So you must regularly erase your recordings in a reasonable time when no crimes have been reported.

I haven't found a clear answer on if a warning sign must be posted but in my personal opinion I would. And Iain suggested I inform my neighbours which I will do as well as tell them if any of my field of view overlaps their property and by how much.

Please don't take this as legal advice. I'm not a lawyer. This is just a very brief take on what I've been reading elsewhere and most of it is just common sense. If I'm wrong in any of this I hope someone will correct me.

Hi,
Yep, you have got it right as mine has been running for over 7 years now without problems. The Police have visited a number of times to see what views I have and that they do not puposefully look into other areas that are private. Periferral views cannot be avoided but I delete all recordings that are irrelevant within 24 hours and only retain those date and time stamped sections that show criminal actions which are then reported to the Police. I do provide them with copies, made in their prescence of the recording after they have viewed it at my home. I do display warning signs just to show that I do mean business to those who think they are immune from the law. As far as I know that is how the law is interpretted by the Police because they have never had occassion to advise me otherwise.
Jantar.

[brian]

COL, terribly sorry about the anti-spam feature flagging your posts. I'm currently clearing out a huge swathe of spam that people had tried to post to the forums, but it looks like it unfortunately caught your posts, also.

I've now released the original detailed post you made and removed the duplicates, and again, my sincere apologies for the false positive on your posts.