Popped round on the way home from work this evening to find my retired dad removing his CCTV camera from the front of his bungalow. He put it there because of an increase in thefts at neighbours since the local council started to turn off the street lighting at midnight.
Dad told me that a policeman on the beat had knocked on their door earlier that day and insisted that he remove the camera as it was illegal to film the street and if it was still there when he came back then he would be prosecuted. Dad is very old school, taught to believe the police, authority etc.
As I understand it, there is no offence in filming a public place.
I also pointed out to Dad that the local nick, on a busy town centre road, is bustling with CCTV pointing in to the street. One rule for one, not for the other!?
After helping Dad put the camera back, I am expecting that there will be a confrontation later in the week.
The question is how best to handle it?
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No offence for a private individual. Maybe DPA issues for firms, councils etc but they're prosecuted by the ICO. Common misbelief by Plod. There have been allegations of officers refusing to accept helmet cam evidence of quite serious offences around cyclists and threatening the cammer for 'illegal' filming.
Get Dad to give some old spiel about not got around to it yet then get copper's number and home station.
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The police hate cameras. If you point one at them in a fraught moment in this country they are quite likely to chase you about, shine powerful lights into the lens and so on.
In other countries it can be much, much, much worse. You can die.
It may be because so much police work under stressful circumstances is of questionable legality. Not to mention expedient justice with regular clients which is best administered up dark alleys.
'When constabulary duty's to be done, to be done,
The policeman's lot is not a happy one... '
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>> I also pointed out to Dad that the local nick, on a busy town centre road, is bustling with CCTV pointing in to the street.
And most likely there is a sign or three somewhere informing people that CCTV is in operation.
Has your dad got a similar sign(s) informing people?
www.ico.org.uk/upload/documents/cctv_code_of_practice_html/9_responsibilities.html
Last edited by: VxFan on Wed 17 Jul 13 at 01:21
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www.telegraph.co.uk/news/uknews/law-and-order/10109384/CCTV-new-controls-on-private-security-cameras-to-stop-homeowners-snooping-on-neighbours.html
"There are currently no rules governing the use of private CCTV cameras."
support.y-cam.com/kb/index.php?action=article&id=154&relid=5
"The Data Protection Act does not apply to individuals’ private or household purposes. So if you install a camera on your own home to protect it from burglary, the Act will not apply"
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But the y-cam website also says
"the information supplied here should only be used as a guide.
Please consult www.ico.gov.uk/ for current rules and regulations regarding CCTV and camera systems."
The ico.gov.uk website (ok, the ico.org.uk one, which is actually the one it redirects to) is the link that I posted earlier.
www.ico.org.uk/Global/faqs/cctv#f1D16765F-E3A6-4397-8D70-99EE6D7516AA
Q: Can I, or my neighbour, use CCTV?
If the cameras are installed on residential property and are for personal domestic use, they are unlikely to breach the Data Protection Act. This is because the use of CCTV cameras for domestic purposes, for example, protecting a home from burglary, is exempt from the data protection principles, even if the camera overlooks the street or other areas near the house. If you are concerned about the use of domestic CCTV, it may be worth contacting your local police.
Regardless whether the DPA applies or not, the way I read it is that a sign must be displayed if CCTV is in operation.
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Its pretty clear that as a private individual there are currently no restrictions against the use of CCTV per se, although if you were using it to harass or cause nuisance, then that could be different.
And of course it says "guide only", that stops the website running any legal risk they might be uncomfortable with. I expect it says similar here somewhere.
Whilst it would appear that there may be regulations in months or years to come, right now there are not. There are guides which apply to organisations and businesses, but no laws or even codes of behaviour relevant to the individual.
Personally I would stick a camera up and would happily discuss it with an interested policeman. Perhaps for others it simply isn't worth the hassle.
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In this case, I would stick the camera back up, and if PC plod wants to restate his claim he was going to nick me, I would tell him to bring it on.
It is clear that a home owner can legally stick a camera up for legitimate reasons, no signs needed, no paperwork needed, no offence committed.
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And the police wonder why they're mistrusted by the public.
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>> Q: Can I, or my neighbour, use CCTV?
>>
>> If the cameras are installed on residential property and are for personal domestic use, they
>> are unlikely to breach the Data Protection Act. This is because the use of CCTV
>> cameras for domestic purposes, for example, protecting a home from burglary, is exempt from the
>> data protection principles, even if the camera overlooks the street or other areas near the
>> house. If you are concerned about the use of domestic CCTV, it may be worth
>> contacting your local police.
>>
>>
>> Regardless whether the DPA applies or not, the way I read it is that a
>> sign must be displayed if CCTV is in operation.
No sign needed for home use. On other premises its there so subject with concerns is made aware of purpose of CCTV and contact point for data controller.
If my neighbour has a camera to protect from trespass or burglary thats fine. If he points it through my daughter's bedroom window a 'peeping tom' type crime is probably committed, hence the bold type bit in the guidance.
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I have a CCTV camera on the front wall of my house, looking along the wall and down to the front door. The only people filmed on it are those coming to the door, for whatever purpose. I am filming activities on my private property and making no record of anything in a public place
Additional legal comment here
www.urban75.org/photos/photographers-rights-and-the-law.html
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I have a forward facing video camera / recorder on my car that records everything on the road in front of me.
Where does that fit into CCTV laws?????
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Did anyone see that shocking thread about the lorry driver who took pictures of people in Leeds in the 1960s ?
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Home CCTV - Bromptonaut
