Home Office consults on draft code of practice for surveillance

The Home Office has launched a consultation on a draft code of practice for surveillance containing 12 guiding principles and introducing for the first time a philosophy of ‘surveillance by consent’.

The move comes after a coalition agreement commitment to further regulation of CCTV was enacted in legislation through the Protection of Freedoms Act 2012.

The Home Office said that CCTV and Automatic Number Plate Recognition (ANPR) systems – operated in public places in England and Wales by both public and private bodies – were generally welcomed as a reassuring presence and for keeping the public safe.

It added that technological developments had increased the capability of surveillance camera systems. “This has in turn increased the capability of system operators, the police and the criminal justice system to protect people and property, investigate incidents and bring crimes to justice.”

But it warned that there was also an increased risk of interference with a citizen's right to privacy. “The public must have confidence that surveillance is appropriate and proportionate, and that those who operate the camera systems, or use the images and information they capture, demonstrate integrity in doing and can be held to account.”

The Home Office said the Protection of Freedoms Act provided a regulatory framework which was intended to complement and be coherent with existing legislation, such as the Data Protection Act 1998, the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000.

It added: “The government sees an important parallel with the well-established concept of policing by consent, which is based upon a presumption of transparency and accountability. This assures the integrity of police officers and staff as they exercise their powers on behalf of the public.”

The consultation paper said the set of guiding principles was intended to "draw together good practice and existing legal obligations to create a clear and comprehensive statutory regulatory framework which can be understood by system operators and the public alike".

Section 33(1) of the 2012 Act places a duty upon relevant authorities designated under section 33(5) – such as local authorities, chief officers of police forces and police and crime commissioners – to have regard to the code. Other system operators will be encouraged to adopt the code on a voluntary basis.

The consultation ends on 21 March. The paper, draft code of practice and impact assessment can be viewed here.