The CCTV body CameraWatch writes.
In society it is widely believed that the use of CCTV is there to protect the innocent and to prosecute offenders. However, clearly this is not the case as we find ourselves questioning the reasons behind why CCTV has been introduced widely throughout the UK.
CCTV is widespread throughout the UK – used in our cities, airports, stations, shops offices, buses, schools – indeed it is very difficult to find places where CCTV is not installed. That is not to say that it is a bad thing – CCTV is a very positive tool but we need to make sure that it is used correctly and legally.
Number of cameras
Recently it has been claimed that the number of times the average person is likely to be caught on CCTV in a day is less than 70 and that there are approximately 1.85 million cameras on the UK. For each of the systems CameraWatch has observed studies show that over 90 per cent do not work in the current framework of the law.
Let’s just repeat that for clarification. Out of all the CCTV systems throughout the UK that CameraWatch has observed – less than 10pc are operated and managed legally in accordance with Data Protection legislation.
“Regardless of whether there are 4.2 million or 32 cameras throughout the UK, the need to ensure that they are legally compliant is the defining element of the safety of people whose images are being captured. If this statistic does not change then more and more suspects of crime will be able to escape prosecution due to the illegal capture and management of their images – their personal data,” said Paul Mackie, CameraWatch Compliance Director.
“Let’s concentrate on making the systems that we already have totally compliant and legal and rekindle the public confidence in CCTV. CCTV is a terrific tool but only when used correctly. I would much rather see our resources put into supporting the law rather than counting cameras without any regard to whether or not they comply with the law. Too many managers, operators and installers have worked with total disregard or lack of understanding of their responsibilities. It is questionable as to whether the new consultation comes close to ensuring that these responsibilities are enforced.”
If CCTV was properly administered and regulated then there would not be the “guesswork” of the number of CCTV systems or cameras.
CameraWatch’s view – as expressed in it’s submission to the CCTV Strategy of Scotland – is that a total number of CCTV systems, along with individual camera information, should be available in a National CCTV Register. CCTV systems would be required to be of the correct standard to be included in the Register in order that they can be relied upon without legal question. CCTV is too important for the safety and confidence of the public – we really do need to grow up and realise what a superb tool CCTV is if used correctly and we should give it proper priority and importance in the UK: MAKE IT LEGAL.
Another code of practice – consultation for the better?
A consultation on a new code of practice governing the use of CCTV and Automated Number Plate Recognition (ANPR) systems was launched on March 1 by the Home Office and will consult until May 25. CameraWatch has, earlier this year, submitted substantial input to the process of the National Strategy for Public Space CCTV in Scotland and cannot understand why there has been no link between both governments. There is a great deal of concern and indeed the picture is quite confusing as to where the current Information Commissioner’s Office (ICO) CCTV Code of Practice stands in relation to the Information Commissioners Office moving forward.
More worrying is the lack of conviction that is included in this consultation document as it gives a clear suggestion that the new code will do nothing to add to what is currently in place – legally – and which is not being implemented and regulated correctly. Indeed the new code is proposed initially for only a very small percentage of CCTV users in the UK – police forces and local authorities.
It could be questioned that the UK government has no intention to create a proper and full enforcement of CCTV shortcomings in relation to the Data Protection Act – a law which is current and covers most issues of “misuse” of CCTV.
Initial feedback received by CameraWatch is an over-arching questioning of the whole process and the very “woolly” wording in the consultation paper:
Some sample concerns include:
1.Why is it only for England and Wales?
2.Who approved the consultation questions?
3.Why is it limited to local authorities and police?
4.A new Surveillance Camera Commissioner will promote and monitor the CoP implementation – what about regulation?
5.Police forces and local authorities “will have a statutory duty to have regard to the Code…..we hope that the Code will be widely adopted as the standard….” Where is the actual requirement?
Gordon Ferrie, CameraWatch CEO stated “Failing to take this opportunity under the Freedom Bill to ensure that the rights of all individuals are met whilst being captured by CCTV appears to be a huge failing by the coalition government. It leaves the gates wide-open to criminals who are being prosecuted to challenge, through their legal representation, the legality of the CCTV system involved in image-gathering and to challenge such evidence under the Data Protection Act.”
“Currently organisations, both private and public, are either totally unaware or completely negligent to the requirements placed on them by the law and in the UK we continue to leave it to them. It is irresponsible for any government to ignore such a widespread disregard for the law especially when we have a society that has now not just “sleep walked” but actually marched full pace into a surveillance state.”
However, no matter if you support or are against the new Protection of Freedoms Bill and the consultation on a new code of practice we strongly urge that organisations join in the consultation process and make your view known – whatever these views are.
Reflection
And so, no matter how many cameras are counted and then multiplied to produce a latest current UK figure – we have a MAJOR problem with the legality of the current CCTV used in the UK.
Our priority needs to be to make these CCTV systems – on which we all very much depend – legal as quickly as possible. This will without doubt raise standards of the capture, quality and security of CCTV images. Once this has been done we can then be confident on the full reliance of CCTV – and thus utilise fully all aspects of this wonderful tool. It is too easy for anyone to challenge CCTV evidence in the way such evidence has been collected. Courts of law and legal process could easily be choked with people, accused through CCTV evidence, challenging the way the evidence (images) was gathered and managed. We really cannot accept this position.
Let us all work together to achieve fully compliant and legal CCTV systems throughout the UK and raise the standard of CCTV to where is should rightly be.
About CameraWatch
Chief Executive is Gordon Ferrie. He was Director-Fraud Squad and Deputy Head of CID operations at Strathclyde police and is a former world-wide head of security for
the Royal Bank of Scotland Group. He is CEO of CameraWatch in a volunteer capacity.
Paul Mackie is Compliance Director of CameraWatch. He comes from a 30-plus year background in IT with both international blue-chip companies and national government. This included dealing with compliance and legalisation of industry software. He is Compliance Director of CameraWatch in a volunteer capacity. CameraWatch is a company limited by guarantee and recognised by HMRC as a not-for profit organisation.
