Home CCTV Law

In June 2011, Fife constabulary created a page on it's website called Home CCTV Q & A: http://www.fife.police.uk/default.aspx?page=4731

It's a little bit disappointing that informatoin from a UK Constabulary should have so many inaccuracies. Below you will find the information from Fife Constabulary's website in black and our comments in blue:

Q I wish to install a CCTV system on my domestic premises. How do I go about it?

A The primary question you should ask yourself is Do I really need CCTV then How will CCTV assist me or the Police in managing or reducing crime or anti-social behaviour at the premises? If CCTV is definitely your preference, formulate an "Operational Requirement" (O.R.) which outlines exactly what the camera(s) are required to see, how it will be recorded and how the data will be stored and ultimately copied to data disc etc for evidential purposes. If you do not intend to install the CCTV yourself, this O.R. should be provided to 3 or more CCTV Contractors who will specify and quote for a system. It will be your decision, which quote best meets your requirements, and it will be advantageous to have a contractor prove the system prior to awarding a contract.

Operational Requirement? Isn't that going a little bit too far? The Home Office have provided a CCTV Operational Requirements Manual and you can find it here. However, it's a 52 page document and following it to the letter would be a little like buying a JCB to plant a rose bush. You'll find more practical advice on choosing a supplier/contractor/installer in our getting started with home CCTV guide.

Q I have a CCTV system on my Domestic premises. Do I need to register with the Police or Information Commissioner?

A No. The Information Commissioner has indicated that CCTV systems installed on domestic dwellings do not require to be registered. You do not need to register your system with the police, but we will note you have one if you wish.

Q Do I need to display warning signs if I have a security CCTV system on a domestic dwelling?

A No. Signs are mandatory for public space security CCTV systems; they should contain information about the purpose of the system, the Data owner and their contact details. They are not required for domestic settings.

Q What am I allowed to point the cameras at?

A Anything within the curtilege of your own premises, and your car parked on the street. You should not be viewing adjoining properties or premises opposite.

That's not entirely accurate.

I suspect that Fife contabulary are basing this answer on privacy laws. The Police clearly state that "you should not be viewing adjoining properties or premises opposite" but don't state the specific legislation they are drawing from. In March 2009, the BBC and the Daily Mail reported on the case of Gary Jarmand and Sandra French from lincolnshire (http://news.bbc.co.uk/1/hi/uk/7924264.stm, http://www.dailymail.co.uk/news/article-1159309/Couple-simulated-sex-neighbours-CCTV-camera-given-restraining-order.html). In this case, neighbours pointed CCTV Cameras directly into their neighbours garden after a police officer told them they needed evidence in order to be able to take action.

"Deputy District Judge Alan Fowler said the four neighbours who had pointed CCTV into Jarman and French's back garden invaded their privacy but were entitled to do so because they were detecting a crime"

Under English Law, there is no independant tort law doctrine (http://en.wikipedia.org/wiki/Privacy_law#United_Kingdom) which recognises a right to privacy, however, Article 8 of the European Convention on Human Rights does recognise a "right to respect for family life" and that everyone "has the right to respect for his private life, his home and his correspondence". There are exceptions and this is what Judge Alan Fowler may have been gettig at when 'detecting a crime'. Amongst the exceptions are "for the prevention of disorder or crime" (http://en.wikipedia.org/wiki/Article_8_ECHR)

So basically, if you're 'detecting a crime' you CAN point your cameras at your neighbours property.

The best advice here should be that if you're having problems with one of your neighbours, you really must speak to the police and/or get legal advise BEFORE you start pointing a camera at someone elses property.

Q How long should I keep recordings?

A The Information Commissioner states that 28 days retention of data is required or for "not longer than is necessary". If you can respond to incidents and copy / download the data within 7 - 14 days this could be considered not longer than is necessary.

Wrong Answer

The Information Commissioner is only concerned with the use of data relating to the Data Protection Act. Domestic CCTV Systems do not come under the remit of the Data Protection Act and therefore your domestic CCTV system has nothning to do the The Information Comissioner. You can keep your recordings for as long as you want or delete them immediately.

Q Will the Police take recordings from my CCTV System?

A Police Officers are duty bound to obtain evidence, however, in many cases of home CCTV, the quality of the recordings and the 'authenticity' of the evidence can be called into question in criminal cases.

Q Will Police Officers be able to help me download recordings from my system?

A It is unlikely. There are hundreds of different CCTV systems available, which are in some cases quite complex. You should not expect a Police Officer to download video data from your system.

Q Can my neighbours complain about my use of CCTV?

A Yes, however, it is a civil matter not criminal so the complaint would have to be through a solicitor about a breach of their right to privacy. You should consult a solicitor if you receive a complaint.