PROFESSIONAL PRACTICE
Operators should consider whether there are other reasons for retaining images, such as in the case of a customer complaint. Operators will need to securely destroy personal data once it has completed its purposes.
What protections should I put in place for CCTV/ANPR data? Data controllers must have appropriate controls in place to prevent unauthorised or unlawful use of personal data, and to prevent its accidental loss or damage. Operators should ensure that access to the CCTV/ANPR system is restricted. Any wireless transmission should be secure.
Ensuring data is accurate Data controllers must ensure that personal data is accurate. Confirming that date and time stamps on images are accurate will support enforcement for unpaid parking charges if required.
Operators using CCTV/ANPR cameras should display prominent signs making this fact clear to users. Signs should state what the cameras are being used for, who is operating the cameras and contact details. Personal data may be also used without the individual’s consent, where it is in the parking operator’s legitimate interests to do so, for example, providing personal data to a debt collection agency to pursue an unpaid parking charge.
How long can I store CCTV/ANPR data for? Personal data should only be stored for as long as it takes to carry out the purposes the data is stored for. Operators should define the purposes that they store ANPR images and data for, and consider when these are completed. This may vary in individual cases, for example between customers who owe parking charges and those who do not.
www.britishparking.co.uk
Operators using CCTV/ANPR cameras
should display prominent signs making this fact clear to users
Who can I disclose images to? Under the Act individuals have a right to a copy of the personal data that an organisation holds about them, including camera images which identify them. This is known as a “data subject access request”, and must be responded to within 40 days. For camera images the requester must give sufficient details for the images to be located, such as the date and time at which the individual used the car park. Operators should be careful about disclosing images which show persons other than the requester. If in doubt, images should be blurred before being disclosed.
It is likely to be lawful to disclose images to the police. Operators should be more wary about disclosing images to private third parties. This may be lawful where their interests outweigh the interests of the individuals. Operators can refuse requests, unless they are under an express legal obligation to comply, such as a police warrant, or a data subject access request. The final version of the draft code is expected in April 2013, to come into effect in June 2013.
The code will apply to camera systems in public places, including car parks in England and Wales. Certain public authorities will be required to have regard to the code. In addition to the draft code, the BPA and the Information Commissioner’s Office both provide guidance on using CCTV/ANPR.
MARCH 2013 31
ADRIN SHAMSUDIN / SHUTTERSTOCK
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