WELCOME TO the official blog of
Bexley Borough Neighbourhood Watch Association (BBNWA),
Bexleyheath Police Station,
2 Arnsberg Way,
Bexleyheath, Kent
DA7 4QS.
Mobile Tel: 07496 385471
bexleynw@outlook.com
Charity No: 1072368
The UK's General Data Protection Regulation (GDPR) gives you several rights regarding how your personal data is used by companies. These rights include:
The right to be informed: Companies must tell you how they collect and use your data.
The right of access: You can request a copy of the personal data that a company holds about you.
The right to rectification: If your data is inaccurate or incomplete, you can ask the company to correct it.
The right to erasure: In certain circumstances, you can request that a company deletes your personal data.
The right to restrict processing: You can ask a company to stop processing your personal data in certain circumstances.
The right to data portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and transmit it to another controller.
The right to object: You have the right to object to the processing of your personal data in certain circumstances.
Rights in relation to automated decision making and profiling: You have rights in relation to automated decision making and profiling.
In the UK, individuals have several rights regarding how digital companies use their data, including:
Right to object to direct marketing Individuals can object to the use of their data for direct marketing, and the organisation must stop using it for that purpose.
Right to erasure Individuals can ask for their data to be erased in certain situations, such as if the organisation no longer needs it, the individual withdraws consent, or the data was collected wrongfully.
Right to data portability Individuals can ask for their data to be held in a structured, commonly used, and machine-readable format.
Right to be informed Individuals have the right to be informed about how their data is being used and how they can exercise their rights.
The Information Commissioner's Office (ICO) is the independent supervisory authority for data protection in the UK. The ICO's website has more information on using personal data in a business.
Companies must obtain explicit consent from users before collecting, sharing, or selling their data for purposes like targeted advertising or personalised marketing. They must also be transparent about their data practices and users' rights.
In a recent publication by theDaily Mail (26-12-2022),"London's WORST boroughs for knife crime revealed: Capital had more reports of bladed weapons than any other city in 12 months at 13,405 - with Southwark, Westminster and Croydon having the most dangerous streets." (gdpr)
Knife Crime Offence Count: 5,740 from the Official MPS Crime Data Dashboard for the period June 2022 - October 2022, revealed the following stats (no particular order) of some worst London boroughs compared to some local boroughs in comparison:
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Some users of domestic CCTV systems need to comply with data protection laws. This depends on what their cameras can see.
Data protection laws don’t apply if the cameras cover only the user’s own private property, including their garden. Therefore, visitors caught on these cameras don’t have specific data protection rights in relation to the images captured on those cameras.
But what if the cameras capture images of people outside the boundary of the user’s property – for example, in neighbours’ homes or gardens, in shared spaces, or on a public footpath or a street? Then neighbours, passers-by and anyone else caught on camera will have rights under the data protection laws.
Capturing and recording such images is not itself a breach of the data protection laws. But CCTV users must ensure they comply with these laws and respect the data protection rights of people whose images they capture.
This applies to any video surveillance equipment mounted or fixed on a home, and can include cameras fitted into doorbells.
To be told that a home CCTV system is being used. The CCTV user must let people know they have CCTV. Signs are the most common way of doing this. They must be clearly visible and legible.
To ask for a copy of the information that is held about you. This is known as making a subject access request. You can ask verbally or in writing for copies of any footage where your image is identifiable. The CCTV user must respond to this request within one month. Bear in mind that if they regularly delete footage they no longer need, they might not hold your images.
To ask the CCTV user to erase any personal data they hold about you.
To ask that the CCTV user does not capture any footage of you in future. However, the nature of CCTV systems may make this very difficult and it might not be possible for the user to do this.
I’m unhappy about the use of a home CCTV system. What can I do?
Use ICO's online tool to determine the best course of action in your situation.
Remember that if the CCTV system focuses only on the user’s home, the data protection laws don’t apply and the above rights won’t apply to you.
In most cases CCTV cameras are installed around a private home to monitor and protect personal property, and to ensure the safety of the user and their family. Normally, the images captured will only be used to identify individuals after an incident. The images are then passed to the police or to insurance companies if there’s a claim. Any organisation receiving images, such as the police or insurers, must comply with the data protection laws in how they handle and use this information.
We know CCTV systems can feel intrusive – especially if they capture images outside the boundary of the user’s property. This is why we have published guidance for domestic CCTV users. The guidance gives good-practice tips and reminds users of their obligations under the data protection laws.
However, in most CCTV-related disputes between neighbours, the ICO will not consider it appropriate or proportionate to take enforcement action against the CCTV user.
There are many domestic CCTV systems on the market to help you protect your home. If you’re thinking of using one, you need to make sure you do so in a way that respects other people’s privacy.
If you set up your system so it captures only images within the boundary of your private domestic property (including your garden), then the data protection laws will not apply to you.
But what if your system captures images of people outside the boundary of your private domestic property – for example, in neighbours’ homes or gardens, shared spaces, or on a public footpath or a street?
Then the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) will apply to you, and you will need to ensure your use of CCTV complies with these laws. This guidance refers to them as the ‘data protection laws’.
Regardless of whether or not your use of CCTV falls within the data protection laws, the ICO recommends you use it responsibly to protect the privacy of others.
What does ‘private domestic property’ mean?
It means the boundary of the property (including the garden) where you live.
How can I use CCTV responsibly at my property?
You should ask yourself whether CCTV is actually the best way to improve your home security.
Think about the following questions:
Do I really need CCTV?
Are there other things I could use to protect my home, such as better lighting?
What is the most privacy-friendly way to set up the system?
What areas do I want the cameras to capture?
Can I position the cameras to avoid intruding on my neighbours’ property or any shared or public spaces?
Do I need to record the images, or is a live feed enough?
Has my CCTV system got an audio-recording facility? Audio recording is very privacy-intrusive. So in most cases where householders use CCTV, they should disable audio recording.
Think about the problem you are trying to tackle. It will usually be to safeguard you and your property against crime. Check your local police advice about crime prevention. Better locks, security lighting or an alarm system may be more effective and less expensive ways of securing your property.
If you decide to use CCTV, think about what areas need to be covered, and whether your cameras need to capture images beyond the boundary of your property. Remember, if your cameras don’t capture images beyond your boundary, the data protection laws won’t apply to you.
What is the law if my CCTV captures images of people outside my own home and garden?
If your CCTV captures images beyond your property boundary, such as your neighbours’ property or public streets and footpaths, then your use of the system is subject to the data protection laws.
This does not mean you are breaking the law. But it does mean that, as the CCTV user, you are a data controller. So you will need to comply with your legal obligations under the data protection laws.
You can still capture images, but you need to show you are doing it in ways that comply with the data protection laws and uphold the rights of the people whose images you are capturing.
What must I do if I capture images of people outside my own home and garden?
If you are capturing images beyond your property boundary, you should have a clear and justifiable reason for doing so. In particular, you will need to think why you need these images. If asked by an individual or the ICO, you will need to be able to explain your reasons, so you should write them down now. You should also write down why you think capturing the images is more important than invading the privacy of your neighbours and passers-by.
You will also need to:
Let people know you are using CCTV by putting up signs saying that recording is taking place, and why.
Ensure you don’t capture more footage than you need to achieve your purpose in using the system.
Ensure the security of the footage you capture – in other words, holding it securely and making sure nobody can watch it without good reason.
Only keep the footage for as long as you need it – delete it regularly, and when it is no longer needed.
Ensure the CCTV system is only operated in ways you intend and can’t be misused for other reasons. Anyone you share your property with, such as family members who could use the equipment, needs to know the importance of not misusing it.
You also need to make sure you respect the data protection rights of the people whose images you capture. This includes the following things:
Responding to subject access requests (SARs), if you receive any. Individuals have a right to access the personal data you hold about them, including identifiable images. They can ask you verbally or in writing. You must respond within one month and give them a copy of the data.
Deleting footage of people if they ask you to do so. You should do this within one month. You can refuse to delete it if you specifically need to keep it for a genuine legal dispute – in which case you need to tell them this, and also tell them they can challenge this in court or complain to the ICO.
Consider any objection you get now from particular people about capturing their image in the future. Given the nature of CCTV systems, this may be very difficult to do. However, you should again think whether you need to record images beyond your property boundary – particularly if your system is capturing images from a neighbour’s home or garden.
What happens if I break the law?
If you fail to comply with your obligations under the data protection laws, you may be subject to enforcement action by the ICO. This could include a fine. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.
If you follow our guidance and take all reasonable steps to comply with your data protection obligations, the ICO is unlikely to regard you as a regulatory risk. So the ICO would be unlikely to think that taking enforcement action against you was a proportionate use of its resources.
What else should I think about?
Before you install the system, consider speaking to your neighbours and explaining what you are doing. Listen to any objections or concerns they may have. It may also be useful to invite your neighbours to view the footage you capture. This may relieve any concerns they have about your use of CCTV. It may also avoid disputes escalating or complaints being made about your recording.
The phrase ‘domestic CCTV system’ refers to the use of any video surveillance equipment mounted or fixed on your home. It can include cameras fitted to doorbells.
You should remember that your use of a domestic CCTV system may be appropriate, but publicly uploading or streaming footage of identifiable people would need more justification. In most cases it would not be justifiable.
You don’t need to register with the ICO or pay a fee (this is a change from the previous law). However, you must maintain records of how and why you are capturing these images, and for how long you are keeping them. You may need to make these records available to the ICO on request.
This video is a discussion on the recent judgement in the case of Ring cameras and doorbells. The case involved claims for harassment, breach of data protection, and nuisance.
Disclaimer: Neither this nor any other video, may be taken as legal advice.
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