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RISKS AND THE EFFECTS


merely makes you the person or organisation that is legally responsible for the way data is stored, accessed, and used, which includes making sure the data is captured and stored using compliant devices and procedures. It is not the product that is registered; it is you as the data controller!


What does this mean for local authorities?


Where a local authority has made CCTV a mandatory condition of licensing, it becomes the data controller for any images captured, but it must first carry out a Data Protection Impact Assessment (DPIA), where external cameras are included as a part of the mandatory require- ment. Then the DPIA must include those cameras, with justifiable reason as to why they are included.


How can shops sell them if they cannot be used?


This one is quite simple: In reality, shops do not know what type of vehicles the devices will be installed into; many of them do not install the devices, nor are they aware of licensing conditions, let alone GDPR. These devices are perfectly OK for private use vehicles, but as soon as you license the vehicles for public or private hire, those regulations apply.


Add to that the fact that not all dashcams have the facility to record internally. Whether that be images or just audio, they are not all non-compliant, which is how insurance companies can use dashcams - as external event recorders only, for the sole purpose of identifying liability in the event of a collision.


What does this mean for vehicle owners or drivers?


Quite simply put, it means this: Be careful what you buy, please understand the regulations, study, research and make sure you are buying the correct products that can comply with the ICO regulations.


Where can I find these regulations?


The best place to look is on the ICO website. Remember: your local authority may set local conditions, but in most cases this is merely a translation of the ICO regulations.


If I register as data controller, then it is perfectly fine to use a dashcam.


This is not the case at all. Registering as data controller APRIL 2021


However, where the external cameras are “allowed” to be added as an extra feature, as opposed to being a mandated part, then these additional cameras do not need to be included in the DPIA since they are optional.


But this is of extreme importance: Where the additional cameras are not allowed, with the opinion being that “if a driver wants those cameras then they can get those as a separate product that may not record to the same hard drive”.


This opinion leaves it wide open for vehicles or drivers to get any dashcam they like, and install them, many of which have internal cameras and audio. This in practice renders the entire CCTV condition worthless, since the whole point is to ensure that any devices used within licensed vehicles are compliant.


The resounding message here is: Be careful, read and understand the regulations, please do not get caught out using non-compliant devices.


All devices which record internally MUST have a dedicated data controller, this may be the local authority, it may be an operator, it may be an association, organisation, or union, or it may be yourself as an individual. Data may only be accessed by the data controller, which may only be for “legitimate interests” which simply put means, where an alleged crime has occurred.


Be safe, be compliant, be protected!


Article by: David Lawrie, Director NPHTA dave@nphta.co.uk


www.nphta.co.uk 7


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