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CCTV and The Data Protection Act 1998
An exclusive report by Doktor Jon - continued
Dateline September 20th 2004 - London, England.

A spokesman for the Information Commisioner goes on to explain, "...for CCTV to be covered by the DPA, images must be processed by the 'operator' themselves in a way that affects peoples privacy.

The court gave examples of when privacy is affected and this is when a particular person is the focus of attention and when you want to learn something significant about them.".

In the wider context of public area surveillance, 'passive' CCTV systems such as Doktor Jons 'Safety Net' approach to surveillance, using unattended fixed cameras specifically configured in a 'Deterent' and 'Evidential Recording' role, would now not only be exempt from the requirements of the Act, but are also no longer required to provide access to images, for anyone 'caught on camera'.

In addition, whereas a 'compliant' CCTV system will often be restricted on the length of time that recordings may be retained, the same does not apply for exempt installations. In practical terms, where no active visual monitoring takes place, a CCTV system could be left to record for months on end, with Police being restricted to accessing the recordings only as part of a criminal investigation.

It's interesting to note that since the introduction of the Data Protection Act, no enforcement action or legal proceedings, have so far resulted from any complaints about CCTV, to the Office of the Information Commissioner.

Looking to the future, the Information Commissioners spokesman confirmed that " ... a strengthening of the IC's powers to conduct audit and inspections (as are enjoyed by all our EU DP Authority colleagues) at our own initiative would be a significant step forward.".

An updated CCTV Code of Practice will hopefully be issued for consultation later in the year.
 

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Detailed from Doktor Jons exclusive written interview with the
Office of the Information Commissioner - 15th September 2004

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