Working together: Ensuring effective regulation

Jonathan BamfordHead 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:• 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:• 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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