August 30, 2016

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‘Traingate’: When is it appropriate to disclose CCTV images to a third party?

branson virgin trainsThe ‘Traingate’ case has provoked enormous discussion and debate in the mass media, perhaps because August tends to be a slow news month.

While I believe it to be inappropriate for the Security Institute to comment on any particular case until the full facts have been established and the relevant processes concluded, there are some general points that can be made about CCTV image disclosure and the interpretation of CCTV evidence that may be of interest to readers.

The Data Protection Act 1998 and the Information Commissioner’s Office (ICO) Data Protection Code of Practice guidelines (2015) provide the regulatory and advisory framework regarding the deployment and management of CCTV systems.  We are also guided by the Surveillance Camera Codes of Practice issued under the Protection of Freedoms Act 2012.

Section 5.2.2 of the ICO (2015) guidelines reminds us that strict measures apply to the disclosure of all data/images generated from CCTV systems. However, the ICO guidelines also indicate that it may be appropriate, in some limited circumstances, to release information to a third party, where their needs outweigh those of the individuals whose information is recorded.

The question that arises is, ‘what interpretation do we place on the term “needs”?’ One interpretation may be the “public interest” factor’.

However, in high profile cases, this interpretation may be subject to legal debate. Those companies and organisations that deploy CCTV should display notices in prominent places that detail the reasons for such deployment and the contact details of the manager of the system, to facilitate subject access.

They should also display on their websites the specific reasons for such deployment, the main reasons being:

  1. To prevent and detect crime;
  2. In the best interests of health and safety;
  3. To protect public and staff safety;
  4. To assist in the identification, apprehension and prosecution of offenders; and
  5. To provide evidence as appropriate in the pursuance of civil claims

Other reasons may include:

  1. To facilitate the ongoing improvement of customer service;
  2. To monitor and review operational and safety-related incidents; and
  3. To assist with overall management issues and, in the interest of all parties, collate evidence to assist with the investigations of complaints and the verification of claims to establish the truth

Whilst companies have a right to protect their reputation and address any claim that may have an adverse impact on their financial position, they must ensure any CCTV systems operating under their control (whether through a third party or otherwise) must be managed responsibly and in accordance with the provisions of the regulatory framework.

This also applies to the release of any data/images generated by those systems. The best practice is for all organisations to have in place a CCTV code of practice that reflects the code of practice contained within the protection of freedoms legislation.

The principles of ‘ethics’ and ‘integrity’, coupled with strict compliance with regulation, are fundamental to the deployment of CCTV systems. We must do everything to ensure public confidence in such systems is not diminished with the reassurance that CCTV is deployed principally for public protection. It is considered good practice to conduct regular compliance audits.

Finally while the camera ‘never lies’, it should be noted that it does not always provide the full picture.

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cbrogan292
cbrogan292
August 30, 2016 10:02 pm

The answer is simple when you can comply with the Data Protection Act (DPA)1998 assuming that you are not a public authority. You can download the DPA from http://www.ico gov.uk and when you have read that you can do a number of accredited courses which will enable you to develop an understanding of what I suggest is the most complex legislation that the security industry has ever been faced with. A cheaper and quicker way is to read all the uninformed articles that have been written by people who have read articles that have been written by people who have… Read more »