Where the system will be operated by or on behalf of a public authority, the authority will also

need to consider wider human rights issues and in particular the implications of the European

Convention on Human Rights, Article 8 (the right to respect for private and family life). This will

Include:

Is the proposed system established on a proper legal basis and operated in accordance with

the law?

Is it necessary to address a pressing need, such as public safety, crime prevention or

National security?

Is it justified in the circumstances?

Is it proportionate to the problem that it is designed to deal with?

If this is not the case then it would not be appropriate to use CCTV.

5. Ensuring effective administration

Establishing a clear basis for the handling of any personal information is essential and the handling

of images relating to individuals is no different. It is important to establish who has responsibility

for the control of the images, for example, deciding what is to be recorded, how the images should

be used and to whom they may be disclosed. The body which makes these decisions is called the

data controller and is legally responsible for compliance with the Data Protection Act (DPA).

Where more than one organisation is involved, each should know its responsibilities and

obligations. If both make decisions about the purposes and operation of the scheme, then both

are responsible under the DPA. This may be the case, for example, where the police have a ‘live

feed’ from a local authority-owned camera.

Who has responsibility for control of the images and making decisions on how these can be

used? If more than one body is involved have responsibilities been agreed and does each

know its responsibilities?

Has the body (or have the bodies) responsible notified the Information Commissioner's

Office (ICO) that they are the data controller? Does the notification cover the purposes for

which the images are used, the disclosures that are made and other relevant details?

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If someone outside your organisation provides you with any processing services, for

example editing the images, is a written contract in place with clearly defined

responsibilities? This should ensure that the images are only processed in accordance with

your instructions. The contract should also include guarantees about security, such as

storage and the use of properly trained staff.

You will also need clear procedures to determine how you use the system in practice.

Have you identified clearly defined and specific purposes for the use of images, and have

these been communicated to those who operate the system?

Are there clearly documented procedures, based on this code, for how the images should

be handled in practice? This could include guidance on disclosures and how to keep a

record of these. Have these been given to appropriate people?

Has responsibility for ensuring that procedures are followed been allocated to an

appropriate named individual? They should ensure that standards are set, procedures are

put in place to meet these standards and they should make sure the system complies with

this code and with legal obligations such as an individual’s right of access.

Are proactive checks or audits carried out on a regular basis to ensure that procedures are

being complied with? This can be done either by you as the system operator or a third party.

You should review regularly whether the use of CCTV continues to be justified. You will have to

renew your notification yearly, so this would be an appropriate time to consider the ongoing use

of CCTV.

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Please be aware that notification to the Commissioner does not in itself ensure that the system is compliant.

You will still need to comply with the data protection principles (see appendix 1). Not all organisations need to

notify. Current notification requirements can be found at

www.ico.gov.uk/what_we_cover/data_protection/notification.aspx

6. Selecting and siting the cameras

Any CCTV images must be adequate for the purpose for which you are collecting them. It is essential

that you choose camera equipment and locations which achieve the purposes for which you are

using CCTV. Both permanent and movable cameras should be sited and image capture restricted to

ensure that they do not view areas that are not of interest and are not intended to be the subject of

surveillance, such as individuals’ private property. The cameras must be sited and the system must

have the necessary technical specification to ensure that images are of the appropriate quality.

Example:

Check that a fixed camera positioned in winter will not be obscured by the

growth of spring and summer foliage.

Have you carefully chosen the camera location to minimise viewing spaces that are not of

relevance to the purposes for which you are using CCTV?

Where CCTV has been installed to deal with a specific problem, have you considered setting

the system up so it only records at the time when the problem usually occurs? Alternatively,

have you considered other privacy-friendly ways of processing images? For example, some

systems only record events that are likely to cause concern, such as movement into a

defined area. This can also save on storage capacity.

Will the cameras be sited to ensure that they can produce images of the right quality, taking

into account their technical capabilities and the environment in which they are placed?

Is the camera suitable for the location, bearing in mind the light levels and the size of the

area to be viewed by each camera?

Are the cameras sited so that they are secure and protected from vandalism?

Will the system produce images of sufficient size, resolution and frames per second?

In areas where people have a heightened expectation of privacy, such as changing rooms or toilet

areas, cameras should only be used in the most exceptional circumstances where it is necessary

to deal with very serious concerns. In these cases, you should make extra effort to ensure that

those under surveillance are aware

.

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To judge the quality of images that will be necessary, you will need to take into account the purpose

for which CCTV is used and the level of quality that will be necessary to achieve the purpose. The

Home Office Scientific Development Branch

recommends identifying the needs of a CCTV system

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by using four categories:

Monitoring: to watch the flow of traffic or the movement of people where you do not need

to pick out individual figures.

Detecting: to detect the presence of a person in the image, without needing to see their face.

Recognising: to recognise somebody you know, or determine that somebody is not known to you.

Identifying: to record high quality facial images which can be used in court to prove

someone’s identity beyond reasonable doubt.

Their guidance gives more detail on the quality of images needed for each of these purposes, and

should be consulted when choosing equipment.

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The use of signs is included in the section on Responsibilities

5

CCTV Operational Requirements Manual (v0.4 55/06), available from http://scienceandresearch.homeoffice.gov.uk/hosdb

7. Using the equipment

It is important that a CCTV system produces images that are of a suitable quality for the purpose

for which the system was installed. If identification is necessary, then poor quality images which

do not help to identify individuals may undermine the purpose for installing the system.

Do the recorded pictures and prints as well as the live screens produce good clear pictures?

This is important to ensure that there has not been an unacceptable loss of detail during

the recording process.

Have you considered the compression settings for recording material? In a digital system, a

high level of compression will result in poorer picture quality on playback.

Have you set up the recording medium in such a way that images cannot be inadvertently

corrupted?

Is there a regular check that the date and time stamp recorded on the images is accurate?

If automatic facial recognition technology is being used, are the cameras placed so that

facial images are clearly captured? Are the results of any match checked by people before

any action is taken?

Has a regular maintenance regime been set up to ensure that the system continues to

produce high quality images?

If a wireless transmission system is used, are sufficient safeguards in place to protect it

from being intercepted?

CCTV must not be used to record conversations between members of the public as this is highly

intrusive and unlikely to be justified. You should choose a system without this facility if possible.

If your system comes equipped with a sound recording facility then you should turn this off or

disable it in some other way.

There are limited circumstances in which audio recording may be justified, subject to sufficient

safeguards. These could include:

Audio based alert systems (such as those triggered by changes in noise patterns such as

sudden shouting). Conversations must not be recorded, and operators should not listen in.

Two-way audio feeds from ‘help points’ covered by CCTV cameras, where these are

activated by the person requiring assistance.

Conversations between staff and particular individuals where a reliable record is needed of

what was said, such as in the charging area of a police custody suite

.

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Where recording is triggered due to a specific threat, e.g. a ‘panic button’ in a taxi cab.

In the limited circumstances where audio recording is justified, signs must make it very clear that

audio recording is being or may be carried out.

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Police use of body-worn video devices (headcams) is covered by the Home Office guidelines, "Guidance for the

police use of body-worn video devices”, produced in consultation with the ICO. See the Home Office police

publications page, http://police.homeoffice.gov.uk/news-and-publications/

The use of audio to broadcast messages to those under surveillance should be restricted to

messages directly related to the purpose for which the system was established.

If there is an audio monitoring or recording capability has this been disabled?

If an audio based alert system is being used are measures in place to prevent conversations

being monitored or recorded?

If there are audio communications with help points, are these initiated by those requiring

assistance?

If a message broadcast facility is used, are the messages limited to those consistent with

the original purpose for establishing the system?