Annual Report

2006-2008

1. Foreword 3

2. About this code 4

3. What this code covers 5

4. Deciding whether to use CCTV 6

or continue using CCTV

5. Ensuring effective administration 8

6. Selecting and siting the cameras 9

7. Using the equipment 10

8. Looking after the recorded material 12

and using the images

9. Responsibilities 15

10. Staying in control 19

Appendix 1 20

Appendix 2 21

CCTV surveillance has become a common feature of our daily lives. We are caught on numerous

CCTV cameras as we move around our towns and cities, visit shops and offices, and travel on

the road and other parts of the public transport network. Whilst the use of CCTV continues to

enjoy general public support, it necessarily involves intrusion into the lives of ordinary individuals

as they go about their day to day business. Our research has shown that the public expect it to

be used responsibly with effective safeguards in place. Maintaining public trust and confidence in

its use is essential if its benefits are to be realised and its use is not to become increasingly

viewed with suspicion as part of a surveillance society.

This code of practice replaces one first issued in 2000. Since then there have been advances in

the way CCTV is used, the technology employed and the wider legal environment in which it

operates. There have also been developments which may help achieve more privacy friendly

ways of using CCTV. This revised code builds upon the previous guidance reflecting these

changes and the lessons learnt of how it is used in practice. During the production of the code

discussions have taken place with organisations that use CCTV and a public consultation

exercise undertaken which generated many valuable comments.

However, the objective of this code remains the same: helping ensure that good practice

standards are adopted by those who operate CCTV. If they follow its provisions this not only

helps them remain within the law but fosters public confidence by demonstrating that they take

their responsibilities seriously.

Richard Thomas

Information Commissioner

This code provides good practice advice for those

involved in operating CCTV and other devices which view

or record images of individuals. It also covers other

information derived from those images that relates to

individuals (for example vehicle registration marks). This

code uses the terms ‘CCTV’ and ‘images’ throughout for ease of reference. Information held by

organisations that is about individuals is covered by the Data Protection Act 1998 (DPA) and the

guidance in this code will help operators comply with their legal obligations under the DPA.

The DPA not only creates obligations for organisations, it also gives individuals rights, such as the

right to gain access to their details and to claim compensation when they suffer damage.

The basic legal requirement is to comply with the DPA itself. This code sets out the Information

Commissioner’s recommendations on how the legal requirements of the DPA can be met.

Organisations may use alternative methods to meet these requirements, but if they do nothing

then they risk breaking the law.

The recommendations in this code are all based on the legally enforceable data protection

principles (Appendix 1) that lie at the heart of the DPA and they have been set out to follow the

lifecycle and practical operation of CCTV. Each section of the code poses questions that must be

positively addressed to help ensure that the good practice recommendations are being achieved.

Following the recommendations in this code will:

help ensure that those capturing images of individuals comply with the DPA;

mean that the images that are captured are usable; and

reassure those whose images are being captured.

This code replaces the earlier code of practice issued by the Information Commissioner’s Office

(ICO) in 2000 (reprinted in 2001) and the supplementary guidance for small users. It takes

account of the technical, operational and legal changes that have taken place since the original

code was drawn up.

CCTV operators and practitioners have been involved in its production and we have taken into

account their experiences of using the previous code of practice. It also builds upon research the

ICO has commissioned into public attitudes to surveillance technologies and research on

‘surveillance society’ issues more generally.