Information Commissioner consults on revised CCTV code of practice

The Information Commissioner’s Office has launched a consultation on an update to its CCTV code of practice, which was last revised in 2008.

The watchdog said the aim of the revision was to reflect developments in existing technologies that had taken place since the last revision.

The consultation is also intended “to discuss the emergence of new surveillance technologies and the issues they present, to reflect further policy development in areas such as privacy impact assessments, to explain the impact that new case law has had on the area of surveillance systems and to reflect the wider regulatory environment that exists when using surveillance systems”.

The draft code can be viewed here. Responses to the consultation, which can be viewed here, must be submitted by 1 July 2014.

Writing on the ICO blog, Jonathan Bamford, its Head of Strategic Liaison, said: “It’s fair to say that 2000, when we first published our guidance on CCTV, feels like a very long time ago. Back then, what we meant by CCTV needed little explanation, immediately conjuring up thoughts of video cameras on poles.

“How times change. Today we’ve begun consulting on an updated version of our CCTV code of practice that includes everything from automatic recognition of car number plates to flying drones.”

The draft revised guidance includes a section on body worn cameras, which have been trialled by local authorities in areas such as environmental crime.

Bamford said: “While the examples in the guidance may be new to some, the underlying principles remain the same: organisations need to take the time to think through how cameras and the information they capture will be used.

“Because although CCTV clearly has its benefits, it can also clearly be intrusive. What thought’s been given to the views of the people it will be filming? What’s going to happen to the hours and hours of recorded footage and information? And what other less intrusive ideas have been thought about?”

He added: “The guidance we’ve put out for consultation includes a good example around body worn cameras. The camera may prove invaluable if switched on by a Parking Enforcement Officer when they fear someone is becoming aggressive, but does it need to be recording when someone has simply stopped them to ask for directions?”

The ICO’s Head of Strategic Liaison pointed out that the regulatory environment had changed since the last revision, with specific legislation aimed at some operators of surveillance cameras, and the draft guidance dealt with those changes as well.

He said: “Getting it right is more important than ever. Not only does the Data Protection Act continue to put clear obligations on organisations using CCTV, but public opinion is perhaps much stronger than 14 years ago. There’s awareness by the public of the benefits and drawbacks of surveillance.

“The Department of Transport’s recent consultation on whether local authorities are now going too far in their use of cameras to detect parking and other offences shows continued public and political concern.”