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CCTV - Legal requirements

When using a CCTV system it is essential to the validity of the material gained that certain Data Protection and Human Rights requirements are complied with. Failure to act within these guidelines could result in action being taken against the CCTV user or hamper the police's ability to use the footage gained to investigate a crime and prosecute offenders. It will also help you comply with necessary regulation covering signage, access to information, training, evaluation and 3rd party requests for footage etc.

Data Protection Act of 1998

The Data Protection Act 1998 encompasses the use of CCTV and similar surveillance equipment monitoring space to which the public has access. As such anyone who processes data must comply with the enforceable principles of good practice. If the system processes data or information using automatically controlled equipment you may have to register the system with the Data Protection Commissioner. This act also stipulates the requirement for appropriate signage of a CCTV area. There is a right of access to this information by a Data Subject, or disclosure to a 3rd party individual, it may be useful to nominate a Data Protection Controller within the organisation who has responsibility for compliance and liaison.

To download a copy of the Data Protection checklist, visit

http://www.dataprotection.gov.uk/dpr/dpdoc.nsf

Human Rights Act

The Human Rights Act of 1998 outlines rights with regard to CCTV that must be adhered to. Mainly the act stipulates that everyone has the right to respect for their private and family life, their home and their correspondence. For more information regards Human Rights Act, visit

http://www.hmso.gov.uk

Last updated: 03 December 2008, 16:46

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