Despite the added level of security from CCTV cameras in workplaces, towns and cities, they’re still an uncomfortable reality to some. However, people cannot place undeclared cameras wherever they like – some legal boundaries and barriers need to be honoured.
Below, we break down the laws surrounding CCTV cameras and the need to use appropriate signage around them.
CCTV, The Law and You
All CCTV companies and premises which use cameras must adhere to the 2018 Data Protection Act and GDPR. Under this Act, British citizens have a set of rights which must be respected. These laws come into action in workplaces and in private domestic properties if you are capturing images of those who reside outside of it. Those using CCTV must ensure they:
- Have plausible reasons to have CCTV installed
- Have an explanation of how their CCTV affects others
- Display signs which inform and notice people that they are being recorded
- Do not keep recordings for longer than is necessary
Overall, a person or business with CCTV must have lawfully plausible reasons to record and store images of other people.
CCTV Cameras in the Workplace
There may be numerous reasons why a business may require CCTV. Not only is it a safeguard for employees against violence or theft, but it can ensure that health and safety protocols are being upheld, monitor employee performance, and prevent damage or misconduct regarding company property.
However, a business cannot just set up CCTV lazily and expect there to be no repercussions. Maintaining a level of professionalism and trust with employees must be at the forefront of a business’s mind.
From both a professional and legal perspective, you need to have legitimate reasons to have CCTV installed. Employees need a full briefing on how the recording will take place, what information will be stored, the length of time imagery is stored for, how this information will be used and a declaration that their legal rights will be protected.
Following that, a full CCTV policy should be drafted in line with the latest laws and Information Commissioner’s Office guidelines.
Before installing CCTV at a workplace, seek legal advice. It’s a delicate situation that a lot of employees may not react well to.
What are the CCTV laws Relating to Private Spaces?
While you are allowed to use CCTV on your own property, it’s important to ensure that nobody else’s property, or any public spaces, are partially being recorded by your CCTV. Your camera should also not record any private areas, including:
- Bathrooms/shower rooms
- Bedrooms
- Changing rooms
- Conference rooms
- Hotel rooms
- Neighbouring properties
Do CCTV Signs Have to be GDPR Compliant?
Any images captured by CCTV qualify as personal data, which is why it’s a legal requirement for CCTV signage to be put up, notifying people that they’re being recorded. This also means that individuals hold the right to request to see any CCTV footage they appear in.
If you store the footage recorded by the CCTV, you are considered the processor of the data, and the person legally responsible for the footage.
How to Deal with a Data Request
If someone asks to see footage that your CCTV has captured, you have one month to respond to their request.
There is no specific limit on how long you should store CCTV footage, so how long you keep footage is up to your own discretion and internal policy. If someone requests the deletion of CCTV footage, however, this should be actioned unless you have good reason not to.
Make Sure You’re Compliant
If you plan to have CCTV on your premises, you must register with the ICO as a CCTV Operator and with the ICO as a CCTV operator or data controller. Alternatively, you can register for a CCTV license. Businesses may also need to pay a data protection fee, although this does not apply if your CCTV is only to be used on domestic property.
How CCTV Signs Should Be Used
It’s not enough to just buy CCTV signs, they also need to be presented properly. All signs should be legible, clear and readable. Alongside this, signs should:
- Contain details of the organisation operating the system, its purpose and contact details.
- Be of appropriate size for its location so it can be seen. For example, signs will need to be of different sizes if they are near a footpath or a road.
- When figuring out where you can point your CCTV cameras, you must ensure signs are visible by everyone who can be seen by them. For example, if a camera is pointing outside of your property, then those it may capture should be able to see the signs.
- Signs should be large enough to act as a deterrent, too.
What are the Consequences if the Incorrect Signage is Displayed
Not complying with the law around CCTV and the correct warning signage could lead to legal action from the ICO. Individuals affected by your incorrect CCTV setup may choose to take you to court seeking compensation, and/or you could be faced with a fine.
As long as your CCTV doesn’t record any areas that it shouldn’t, and you make it clear with signage that there is active CCTV on the premises, then you’re unlikely to find yourself facing legal ramifications.
Get Your CCTV Signs Today
Purchase up-to-date and legally compliant CCTV signage from Label Source today. Whether it’s at home or at work, we can help you ensure you meet CCTV signage requirements.
