Home surveillance CCTV images may breach data protection laws, ECJ rules

if your CCTV covers any areas beyond the boundaries of your property it will no longer be regarded as domestic processing and be exempt from the DPA.

 

 (if so, consider ways to reduce intrusion such as using privacy filters) since the Data Protection Act 2018 became law.

 

By clarifying European legislation, the judgment is having significant consequences for domestic householders in the UK who use CCTV and keep or try to use the images, according to a legal expert.

 

The Use Of CCTV Cameras In Light Of The Recent Case Of Rynes v Urad

The attacker says he did not consent, yet he was breaking the law.. the victim did not consent. I find this appalling of the Czech legal system.

The Czech office for the protection of personal data, found thateven though Ryneš had been trying to expose the perpetrators of a crime, he had infringed data-protection rules and issued him with a fine.

 

One of the attackers raised the question with the Czech Office for Personal Data Protection as to whether the use of the CCTV data was lawful as it recorded personal data of him on a public footpath which he had not consented to. The Czech Office found that Mr Rynes use of the CCTV was unlawful in accordance with the Data Protection Directive (Directive) and he was fined.

read full 2015 article by tollers legal.

 

The judges said: “The operation of a camera system, as a result of which a video recording of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the homeowners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of that provision.”

 

This contradicts the application of the directive in the UK. Kathryn Wynn, senior associate at Pinsent Masons, said the UK Information Commissioner’s Office (ICO) had always taken the view that a camera on someone’s house was outside of the law.

 

But now, IF your CCTV captures public space you will need to put signage up, but if not then does that still mean no sign needed !!

 

– You can read the Surveillance Camera Code of Practice 2013 here.
– You can read about the Data Protection Act and CCTV here.

 

A note to organisations from the ICO

  • Individuals have the right to access their personal data.
  • This is commonly referred to as subject access.
  • Individuals can make a subject access request verbally or in writing.
  • You have one month to respond to a request.
  • You cannot charge a fee to deal with a request in most circumstances.

Full details at ICO

 

It's possible that Law enforcement covert surveillance activities are covered by a separate Act - the Regulation of Investigatory Powers Act (RIPA) 2000 and the Regulation of Investigatory Powers (Scotland) Act (RIPSA) 2000 could be used by journalists.

 

3.8 Using information as evidence

In certain circumstances, the information you record may be used as evidence. You should bear in mind that:

  • if your system captures information of an incident, it could be use by the police to aid an investigation
  • it is important that the information you record can be used as evidence, if required

from gov.uk

 

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