Over the past 12 months or so the Information Commissioner’s Office has been working on a revised Code of Practice for CCTV. The existing Code was issued in 2000 and it was recognised that technology has moved on placing greater functionality at the disposal of CCTV operators.

The revised edition of the UK’s CCTV code of practice was finalised in January 2008 and published. It retains the distinction between sophisticated CCTV systems and small scale schemes such as those used by small retailers. In the fallout from the Durant case, this distinction was created and a lesser regime applied to smaller schemes. The lesser regime is set out in an appendix to the new Code.

The Code promotes the "impact assessment" concept. Considering in advance the objectives of the CCTV scheme, the proportionality of CCTV as the solution to a given problem and its likely impact on those individuals whose images are recorded. Organisations are also asked to consider how the intrusion of privacy can be minimised while still meeting the objectives of the CCTV scheme.

The proper administration of a CCTV scheme requires authority and responsibilities to be clearly defined and documented both between the organisation and any service providers and in procedures for internal use. Practical points arise in connection with siting cameras to ensure that the images they record will meet the scheme's objectives and not be inappropriately intrusive to privacy. Cameras must be targeted to cover the relevant area and to ensure that images will be clear and not obstructed. In areas where individuals expect a higher degree of privacy such as changing rooms and toilets are not to be recorded except in exceptional circumstances.

As technology has moved on since the last CCTV code was published, the new code refers to audio capability in modern systems and strongly advises against recording conversations unless in exceptional circumstances (the examples given refer to emergency type situations) and with appropriate signage. otherwise the guidance on appropriate signage remains the same. Notice should be given that CCTV is in operation, the purposes for which it is being used and the name and contact details of the organisation responsible for the scheme.

Images captured by the CCTV scheme must be stored with care and in a way that allows retrieval and use to meet the objectives of the scheme. Disclosure of images must be controlled and consistent with the objectives of the scheme. There is no specific time limit set for retention of images. It will depend on the objectives of the scheme. The advice is to retain the images for the shortest period necessary based on the purposes for which they are recorded.

Back in 2004 the Article 29 Working Party (advisory body to the European Commission on data protection matters) issued an Opinion on CCTV and image recording by electronic media. Its thoughts were largely consistent with the existing CCTV code of practice in force in the UK but it considered a couple of what were new aspects at the time.

Interestingly the issue relating to ensuring that blind or partially sighted people are aware of CCTV recording is not addressed in the new Code. The issue was raised a couple of years ago by the Article 29 Working Party in their Opinion on CCTV. Since then it has been noticeable that some larger organisations which operate CCTV in public spaces, notably railway operators and TFL, have introduced tannoy announcements to the effect that CCTV recording is taking place and the reasons for it. However this may have ceased following the introduction of the new Code in the UK as it is not a recommendation in the new Code.

Mandy Webster

3 March 2008