Working together:
Ensuring effective regulation
Jonathan Bamford
Head of Strategic Liaison
Regulating surveillance cameras:
Protection of Freedoms Act 2012
• Secretary of State Code of Practice
– Applies only to ‘relevant authorities’ in England
and Wales who must have regard to its provisions
– These can be extended by order
– Compliance taken into account in legal
proceedings but not directly enforceable
– ICO must be consulted on the code
• Establishes Surveillance Camera Commissioner
Regulating surveillance cameras:
Data Protection Act 1998
• Applies to processing of personal data which includes
images of individuals and information related to them
• Applies across the UK and to all sectors
• Incudes legally enforceable standards which must be
complied with including:
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Notification of processing
The eight data protection principles
Criminal offences for misuse
Individual rights including subject access
Individuals can take own action in court and claim for
damage and distress
• Establishes an independent supervisory body to
enforce and promote compliance/ good practice (ICO)
Regulating surveillance cameras:
Freedom of Information Act 2000
• Applies to public authorities (excluding Scotland)
• Requires access is provided on request to recorded
information
• Requires proactive publication of information and a
publication scheme
• Includes provisions for complaints to the ICO about
refusals and powers to issue decision notices
Regulating surveillance cameras:
The roles of the two Commissioners
• Surveillance Camera Commissioner:
– Reviews, encourages and monitors compliance
– Has no direct enforcement/complaint handling
functions
– Provides an annual report to SoS
• Information Commissioner:
• Encourages and can monitor compliance with DPA
• Handles complaints ( requests for assessment)
• Can take enforcement action/prosecute
• Can impose monetary penalties of up £500k
• Issues guidance inc. CCTV Code of Practice
• Is accountable to Parliament by submitting an
annual report and special reports
Regulating surveillance cameras:
The two Commissioners working in tandem
• The ICO has initiated work with all commissioners
regulating surveillance and produced a ‘surveillance
roadmap’
• The ICO have conculded a MoU with the Surveillance
Camera Commissioner setting out working
relationship
• The ICO is on the Surveillance Camera
Commissioner’s Advisory Council
Two codes of practice:
double trouble or twice as nice?
• The surveillance camera code was developed with
input from the ICO
• The draft code was subject to formal consultation with
the ICO
• The surveillance camera code can cover things not
within the scope of the DPA
• The ICO has always wanted to ensure compatibility
not confusion
• Its provisions are consistent with information rights
requirements
• Following the surveillance camera code helps comply
with the DPA, FoIA and HRA
Updating the ICO CCTV Code
• This needs updating due to developments in law,
technology and practice
• It will reflect and dovetail with the relevant
surveillance camera code provisions
• It will cover developing case law (DPA/FoIA/HRA)
• It will reflect developments in technology like:
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ANPR
Body worn cameras
Remotely operated vehicles (drones)
Facial recognition
Updating the ICO CCTV Code
• It will cover changes in practice like:
• growing use of ANPR by private sector
• parking and traffic enforcement in public and private
sectors
• shared services/partnerships
• It will include updated illustrative examples
• It will keep its practical format, not a legal text book
• It will be subject to extensive consultation
• It should be published for consultation later this year
Complying with information
rights law
• DPA: National ANPR Data Centre 6.7 billion deletions
undertaken and new retention rules implemented
• DPA/HRA:
• Use of CCTV with continuous sound recording in taxis
ruled unlawful
• Enforcement action on extensive use of ANPR around a
small town
• FOIA-publishing precise location of ANPR cameras
used by police is not required
• Further DPA cases under consideration:
• Extensive use of CCTV by a local authority to enforce
parking/traffic restrictions
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