AND DEACTIVATIONS
they can be removed from the windscreen within three seconds, giving easy access to the images which could then be posted all over social media. This means that the device is not secure, let alone its data. Whereas, in the case of CCTV, the data is stored away from the camera head, and is encrypted, so even if the thieves take the control box, they still cannot see any images.
CAN COUNCILS VIEW ANY DATA AT ANY TIME?
The question here is, when the council mandates the use of CCTV, how secure is your data? When you are out with your family, can the council simply go fishing through all of your data? And who has access to the data?
The simple answer is NO, the council cannot go fishing at all, your data is perfectly safe; these rules are set out by the Infor- mation Commissioners Office (ICO) as explained briefly below.
LEGITIMATE INTEREST
“Data may only be accessed where there is a legitimate interest”; which translated means; if someone reports you, or indeed you report a passenger, for an alleged offence at 2am on a Saturday night, the only data which can be accessed, is within a reasonable time frame, (allowing for drunks not knowing the exact time, or the clocks going forward or back), so between around 1am and 3am. There cannot and must not be access to data from days before the alleged offence.
So your data is perfectly safe and is unlikely to ever be accessed unless an offence is committed.
WHO IS THE DATA CONTROLLER?
The ICO has stated that where CCTV is made a mandatory condition of licensing, then the local authority becomes the data controller, an odd statement to make, since councils are already a data controller. They must be because they hold your data, (name, address, national insurance number, phone number, DBS and medical data, the list goes on) when applying for a licence; a topic which is a bone of
contention for many local authorities since they don’t have the time or the desire to deal with all requests for footage for insurance purposes etc.
This is subject to challenge right now by one local authority, which has mandated the use of CCTV, but not only is that council not the data controller, it also does not have an approved list of devices showing they are UKGPDR compliant. This list is to help drivers by showing which CCTV they can have installed - it is not a contract, nor is it promot- ing any particular company.
But there is a solution, within the data access policies, it reads: “access may only be gained by a council officer, a police officer, or an authorised officer”. This means that the council can nominate an “authorised officer” to deal with all access to data requests on its behalf. This approach would not only remove the burden from councils, but also remove the drivers’ concerns that councils may go fishing whilst accessing data relating to say a car accident for insurance; and yes, we have seen that happen!
THE MESSAGE IS CLEAR!
Christmas season is here and unfortunately some passen- gers, intoxicated by drugs and alcohol, see our drivers as cash-carrying easy targets for robbery. Add to this the increase in violent attacks and growth in false and exaggerated allegations.
So don’t wait till it’s too late - if you are able to do so then this really is the time to install CCTV in your vehicle.
Never has it been more important to protect yourself, protect your livelihood, protect your wallet, protect your passengers, protect your reputation. In reality when one equates the cost against the benefits you simply must ask yourself: “What am I waiting for?”
Above all - be careful and be safe out there! David Lawrie, Chairman NPHTA
DECEMBER 2021
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