All businesses using closed circuit television cameras for security reasons must register their cameras and recording equipment. Failure to comply could result in some CCTV footage being ruled inadmissible as evidence in court, businesses could find their insurance claims rejected or, worse still, face demands for compensation.
Initial Assessment Procedures. Establish the person or data controller responsible for the scheme. This could also be a registered company. Next assess the reasons and establish the purpose of the scheme. This is then documented through a notification form, which is lodged with the Office of the Data Protection Commissioner and will cost £35 a year. To obtain a notification form: Tel 01625 545740, visit www.dpr.gov.uk/notify or Telephone the PRA office on 01788 538304.
Positioning Cameras. Position cameras so they solely monitor only intended areas. If properties other than those belonging to your business are covered by the scheme, you must consult the owners of such areas. If members of staff have the ability to adjust cameras this should be restricted or staff trained to ensure they understand the need to cover only the intended area. Signs should be placed so the public can clearly see they are entering an area covered by CCTV. These signs should contain the identity of the person or organisation responsible for the scheme, the purpose of the scheme and the contact details.
Image Quality Checks. should be done to ensure equipment performs properly. If using videotapes, these should be good quality and cleaned so images are not recorded on top of images. If the quality of recorded images deteriorates the recording medium should be changed. If the system records date, time and location, these need to be accurate. Cameras should also be properly maintained and protected. Damaged cameras should be fixed within a specific time period.
Processing images. Do not keep images for any longer than is necessary. Once this retention period has expired the images should be erased or destroyed. If images are retained for evidential purposes, they should be retained in a secure environment. If images are removed to be used for legal proceedings, you should ensure the date of removal, the reason, crime incident number, the new location of the images and the signature of the collecting police officer are documented. All operators with access to the recorded images should be trained in their responsibilities under the code of practice. Monitors displaying recorded images should be in a restricted area with access restricted to designated members of staff.
Access to and Disclosure of Images to Third Parties. Access to recorded images should be restricted to staff who actually need to use the equipment. All access to the medium on which images are recorded should be documented, as should any request for access. Recorded images should not be made widely available.
Access by data subjects. Anyone caught on CCTV has the right to ask for a copy of the image. All staff involved in operating the system must be able to recognise such a request. Anyone requesting such information must be provided with a 'standard subject access request form' and a leaflet describing the type of images and the reason for the CCTV system. A fee of up to £10 can be charged to anyone requesting an image. When providing the image the data controller or designated employee must make every effort to ensure other data subjects are not identified. All staff must be aware of the individuals rights under this section of the Code of Practice.
Other Rights. An individual has the right to request that a data controller cease processing data related to that individual, if the processing is liable to cause damage or distress to that individual. All staff involved in operating the equipment must be able to recognise such a request. Requests should be responded to within 21 days, setting out the response to the request and the reasons if the request is denied.
Monitoring Compliance With This Code of Practice. The data controller or designated member of staff should undertake regular reviews of the documented procedures to ensure that the provisions of this code are being complied with.
NX1 will take care of all legal obligations when we install your equipment, ensuring the letter of the law is followed with regards to your recording & viewing equipment, CCTV cameras, cabling and signage. Where appropriate, we will also train a nominated member of staff on site and provide refresher training as necessary.
CCTV Code of Practise
The NX1 Solution