ICO GIVES CLARIFICATION


NPHTA says: “From our experience you shouldn’t keep hold of footage for longer than 30 days. Where an incident has occurred, only keep it for as long as you need to, for example, until an investigation is completed.”


5. People’s rights (individual rights) 3. Security (security principle)


You need to ensure any personal data you process is kept safe and secure. In practical terms this means you must make sure any camera system you use has the security features necessary to protect personal information appropriately. This also includes the physical security of the device and managing any information stored on the device after it is no longer required.


NPHTA says: “When using in car cameras this means:


a) Ensuring the camera is securely mounted so it can’t be accessed or removed by anyone who shouldn’t have access to the device or the data records.


b) The data should be stored away from the camera head, to ensure that even if the camera itself is stolen, the data is not taken with it.


c) You should also take technological precautions, such as only using devices that are encrypted to a minimum standard of FIPS 140-2 or AES 256 to ensure that if the recorded personal information is stolen, the data can’t be accessed.


4. Deletion of data (storage limitation principle)


You’re using a camera to keep you and your passengers safe, but that also includes keeping the recordings safe. Camera footage can be useful if an incident occurs, which could be an attack, an offence or an allegation. But most journeys will be uneventful, so you won’t need to keep that footage for very long. It’s important that you make sure any footage you no longer need is deleted as soon as possible. If you retain it or share it, where it’s not appropriate to do so, you may break the law. The simple rule here is “footage should only be kept for as long as is reasonably necessary.”


PHTM APRIL 2025


Data protection law gives people certain rights; one of those rights is called ‘the right of access.’ This means that if you are recording people, they can make a request for copies of the footage you have recorded of them. You must respond to these requests, or help the controller respond to these requests, usually within one calendar month.


6. Registration (data protection fee)


Any processing of personal data using an in-car camera, will need to have a registered controller. If you are using a camera to record your passengers and you are the controller for that personal information, you will need to register with the ICO.


To register please visit here: https://ico.org.uk/for-organisations/data-protection-fee/#


Remember, registering with the ICO is only one part of being compliant with data protection law. It’s important that you comply with all the other points mentioned in this article too.


NPHTA says: “It is important to know that there is no such thing as registration of products. The controller is the registered person or organisation who is legally responsible for how personal information is stored, used, and accessed, which includes ensuring that any device is fully compliant with data protection law.”


And finally:


The ICO has lots of other helpful resources on its website to help you get data protection right.


Please visit: advice for small organisations: https://ico.org.uk/for-organisations/advice-for-small- organisations/


You may also want to look at the Surveillance Camera code of practice: GOV.UK: https://shorturl.at/ZgBLj


27


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86