Earlier this week the Surveillance Camera Code of Practice was published, ready to be approved by Parliament.
The Code was created following the passing of the Protection of Freedoms Act in September 2012, which promised “further regulation of CCTV.” In particular, the code has been written to safeguard issues of privacy, with one section saying that “any increase in the capability of surveillance camera system technology also has the potential to increase the likelihood of intrusion into an individual’s privacy.”
The code should be seen in the context of human rights legislation including the Human Rights Act 1998 and Article 8 of the European Charter on Human Rights. A person’s right to “respect for their private and family life, home and correspondence” is jealously guarded by highly vocal civil liberties groups and anti-CCTV campaigners such as Big Brother Watch.
The Code only applies to public place surveillance camera and ANPR systems in England and Wales. NW Systems believes that the 12 guiding principles that the Code suggests system operators should follow would strengthen the case for the use of surveillance use in public places.
The guiding principles say that systems operators should abide by these principles:
- Use of a surveillance camera system must always be for a specified purpose that is in pursuit of a legitimate aim and necessary to meet an identified pressing need.
- The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified.
- There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints.
- There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held, and used.
- Clear rules, policies, and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them.
- No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged.
- Access to retained images and information should be restricted, and there must be clearly defined rules on who can gain access and for what purpose such access is granted; the disclosure of images and information should only take place when it is necessary for such a purpose or for law enforcement purposes.
- Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose and work to meet and maintain those standards.
- Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.
- There should be effective review and audit mechanisms to ensure legal requirements, policies, and standards are complied with in practice, and regular reports should be published.
- When the use of a surveillance camera system is in pursuit of a legitimate aim, and there is a pressing need for its use, it should then be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value.
- Any information used to support a surveillance camera system that compares against a reference database for matching purposes should be accurate and kept up to date.
There are distinct differences in the detail of the code’s guiding principles, key among them the idea of “surveillance by consent.” Surveillance should only be deployed where the public is supportive of it, so that they do not feel they are being spied on. This is similar to the approach that the police force takes with its patrols.
Edge analytics cameras could be stopped
Authorities will have to explain why they have put surveillance cameras in a public place; explain how they are managing (and disposing of) the resulting images and metadata; and also be prepared to articulate what the perceived crime threat is in this given area.
The Code also implies the potential for specific standards to be drawn up for more advanced surveillance systems such as ANPR, video analytics, and facial recognition systems. It is unclear exactly what those standards might be, but this is definitely something that high-end camera manufacturers and analytics software providers to watch. There is an increasing trend to put more intelligence into “edge” devices. UK sales of higher end, analytics-heavy network cameras may be stopped in their tracks if tougher standards are imposed here.
NW systems is broadly in favour of the new Code, but we also want to ensure it does not hinder the development and use of new, more effective technologies that further enhance the security we all enjoy. The self-regulation that Rennison hinted at during IFSEC International suggests that public bodies could be distrustful of new technologies with regard to the code.
It would be beneficial if the Home Office could clarify how it intends to test whether advanced technologies are permissible or not under the new code
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