Commercial Cameras & Domestic CCTV Systems: Know the UK Law & Your Data Protection Legal Requirements

Are you a security professional, business owner, or homeowner considering CCTV to improve safety and act as a deterrent around your premises?

If so, you must understand the current legal requirements for installing and operating such systems.

In this blog post, we use our decades of experience and passion for security to provide a CCTV camera law UK overview to help you stay compliant with all relevant laws and regulations.

Upholding CCTV Camera Law UK: The Information Commissioner’s Office

The Information Commissioner’s Offer (ICO) is responsible for enforcing and maintaining the integrity of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).

If your CCTV system captures images of people beyond the boundaries of your premises (such as from a neighbour’s property, shared spaces, or public areas), you must abide by the GDPR and DPA.

If you don’t uphold these data protection regulations, you’re exposing yourself to potential legal action from the ICO (as well as from any individual or organisation affected by your non-compliant CCTV system).

CCTV at Home: Guidance for Domestic CCTV (UK Law)

If you’re considering setting up a CCTV system for improved security, please bear in mind that it’s your responsibility to operate the system responsibly and protect the privacy of others.

The ICO handles complaints from people who believe a domestic CCTV user is breaching their privacy.

To avoid misunderstandings or breaches, here are some guidelines on how to use domestic CCTV systems without compromising the rights of others.

Consider Your Reasons for Installing Domestic CCTV

It’s crucial that you thoroughly consider your reasons for installing domestic CCTV.

Ask yourself these important questions to establish if CCTV is suitable for you:

For what purpose do I need CCTV?
Could I achieve the same level of protection without CCTV?
Do I need 24/7 recording?
Do I need audio recording?
Are all the areas the CCTV will cover private and belong to me?

Consider how Installing CCTV Will Affect Others

Your CCTV system must respect the privacy of others.

Ask yourself the following questions to help improve the privacy of your CCTV:

How will my neighbours react to the installation of a CCTV system?
Where best should I aim the cameras for maximum effectiveness while protecting my neighbour’s and other people’s privacy?
Will the range of the CCTV camera I’m considering go beyond my needs and potentially cover my neighbour’s property or public areas?

Take Responsibility

If you intend to install a CCTV system that captures images beyond your property, you must be conscious of your legal and moral obligations:

You’re responsible for all footage captured by the system.
You’re responsible for ensuring that the system is setup correctly.
You must ensure that the information recorded by the system is used solely for protecting your property.
You must know how your system operates and be able to perform tasks such as exporting footage when legally required to do so.
You need to be aware of (and respect) the data protection rights of affected individuals and understand the steps to take if you ever receive a subject access request (SAR).

Proper Storage

There are many home CCTV laws and requirements you need to consider when it comes to the storage of CCTV images, such as:

The date and time showing on the records should be correct.
You should always have enough storage space for your needs.
You must ensure that the information stored is used solely for protecting your domestic property.
You should only store recorded information for as long as it’s needed (usually 31 days) and then permanently delete it.
The recordings need to be stored securely.
You should strictly limit access to the recordings.
Avoid capturing and storing audio (data protection law states you’re not allowed to record conversations between members of the public).

Be Transparent

You must inform people that you have an active CCTV system securing your property.

This can be done by:

Informing and reassuring your neighbours about your CCTV plans.
Putting up a permanent and visible notice that you have CCTV in operation.

Proper Maintenance

A properly maintained CCTV system is a compliant CCTV system. Therefore, regularly audit your system to make sure than:

You’re complying with GDPR and Data Protection Act where applicable.
You still need the system.
The system is working correctly.
The cameras have not moved (and recording areas they shouldn’t be).

Using CCTV Responsibly: Guidance for Commercial CCTV Systems (UK Law)

The law and guidelines for commercial CCTV security use are very similar to the use of domestic CCTV.

We strongly recommend you consider all the above information when setting up a CCTV system for your business.

In addition to what’s already been covered, there are additional business considerations.

As a business owner, you must:

Ensure staff and visitors know they’re being recorded or watched by a CCTV operator.
Designate a responsible person to oversee the system’s use, uphold video footage data protection best practices and stay compliant with CCTV laws.
Regularly review operational policies and procedures related to your CCTV systems.
Ensure all staff members know their roles and responsibilities concerning the system.
Provide training for personnel involved in CCTV operations.
Ensure appropriate security measures are taken to prevent unauthorised access to recordings.
Provide access to images (for authorised requests) within 40 days. You can charge an admin fee of up to £10.
Ensure proper registration of your system with the ICO.
Have an up-to-date Privacy Impact Assessment (PIA) in place.
Never install CCTV cameras in private areas (such as toilets and changing rooms).
Never use CCTV footage for a purpose you didn’t initially set it up for. For example, using a CCTV system designed to keep a warehouse secure overnight to monitor staff on their lunch break or keep track of timekeeping.

Authorities such as the Security Industry Authority (SIA) and National Security Inspectorate (NSI) have issued guidance on operating CCTV systems in a business environment.

Surveillance Camera Commissioner Becomes Part of Biometrics and Surveillance Camera Commissioner

To ensure the preservation of civil liberties, the Home Secretary appointed a Surveillance Camera Commissioner (SCC) under the Protection of Freedoms Act 2012 (PoFA).

The role is entirely independent of governmental control.

The SCC is not mandated to oversee domestic and commercial CCTV systems’ However, it aims to ensure that compliance with the Home Secretary’s Surveillance Camera Code of Practice (the SC Code) and its 12 guiding principles (and data protection laws) are met by police forces, local authorities and parish councils in England and Wales.

In February 2022, the SCC became part of the Biometrics and Surveillance Camera Commissioner.

Frequently Asked Questions

Can the ICO force someone to take down CCTV cameras?

The ICO cannot force someone to remove their CCTV system. However, if CCTV system owner refuses to cooperate with your valid request to inspect the footage, the ICO can step in and help.

How do I submit a CCTV surveillance complaint to the ICO?

Click here to submit your CCTV complaint to the ICO.

Do I need permission to install CCTV or use a doorbell camera?

No. You usually don’t need permission to install CCTV (unless you live or work in a listed building), but you do need to abide by the laws and guidelines mentioned in this article.

What is privacy masking?

Privacy masking is a feature that blurs out or blocks certain areas of the recorded footage. This helps ensure that sensitive personal information (such as licence plates and faces) is not visible in the recordings.

What can I do if CCTV is recording me without my permission?

If you believe that CCTV cameras are recording you without your permission, then you should follow this advice from the ICO:

Contact the owner of the CCTV system
Ask them why they’re using CCTV
Explain why you’re concerned
Ask to see what they’re recording

What can I do if CCTV is recording my child without my permission?

The steps above apply to both children and adults. However, contact the police immediately if you feel the recording of your child is inappropriate.

Final Thoughts

As you can see, you must be aware of numerous CCTV rules and regulations (for both commercial and residential use).

It’s vital that surveillance isn’t misused. Businesses can be fined up to £500,000 if found to have used CCTV non-compliantly!

Save yourself a great deal of time and stress (and potential legal action and financial loss) by letting i2 Security & Fire Protection design, install and maintain your CCTV system for you.

We have decades of CCTV installation experience and know how to walk the regulatory tightrope.

Our experienced team is waiting to hear from you and looking forward to helping with your next project.