CCTV: legal issues in privacy and security

The regulatory regime governing the use of CCTV is patchy, but may well be clarified when the Human Rights Act becomes law, and when the Data Protection Act 1998 come fully into force - the latter possibly by next March. These are the views of Ken Cooke of Masons Solicitors, writing in the latest issue of Facilities Management Legal Update.

When CCTV is used to capture the images of individuals it may fall under the existing 1994 Data Protection Act and the new 1998 Act when it comes into force. The Acts do, however, only apply to 'personal data': information which relates to a living individual who can be identified from that information or other information in the user's posession (or, under the 1998 Act, is likely to come into the user's posession). Whether personal data is collected or not therefore depends on the nature of the CCTV system, the images recorded, and the nature of the individuals captured on tape.

A code of practice for using CCTV is produced by the Local Government Information Unit. It is intended primarily for the public sector, but should also be of use to private sector firms using CCTV. If you currently do not subscribe to Facilities Management Legal Update please contact David Sharp on (01223) 511902.


This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.