CCTV: YOUR SECURITY SAFE SYSTEMS ASKS: CCTV WHERE ARE WE NOW?
Since the last article on CCTV, much has changed; now only two local authorities in the UK do not allow or indeed mandate CCTV in
all licensed vehicles. That is a huge change within the last four years, but this does not show how many authorities have not excluded internal recording dashcams. However, we can honestly say that even that is rapidly changing, with most councils now actually understanding and explaining what the regulations actually are in a much clearer way.
SETTING A NATIONAL STANDARD
Many local authorities have copied a criterion from other local authorities, without actually checking the detail. This is a shame since many of those documents and standards, are to put it politely, out of date and in need of review. (Did you see how politely I put that without mentioning any names?) We are pleased to be able to say, many local authorities are now recognising the issues, and adopting a cleaner, up to date version of the criteria which is rapidly becoming a National Standard.
WHO REGULATES THIS SUBJECT?
The actual regulator for the capture and storage of CCTV data, is the Information Commissioner’s Office (ICO). Those regulations can be quite difficult to understand, which explains why it has taken so long for this to roll-out, whether that be mandatory or voluntary. A voluntary roll-out is the preferred option in our view, but of course there are many who believe mandatory is a better option - that is open to opinion.
WHO HAS ACCESS TO THE DATA?
OK, this one is easy: where you might read in your conditions: “for the purposes of CCTV installed into licensed vehicles, the vehicle owner is the data controller”. This is not actually the case; in fact the ICO has ruled that where it is a mandatory condition, then the local authority must be the data controller - no exceptions, which contradicts the above suggestion that it is the vehicle owner, since it cannot possibly be both. Where CCTV is voluntary, to protect drivers from breaching UK GDPR rules simply due to lack of understanding, many local authorities may still decide to restrict access by saying: “data may only be accessed by a council, police, or an authorised officer.”
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But there MUST be a registered data controller, and only they may have access to the data. Registering as a data controller makes you the person legally responsible to make sure any device used is compliant, it does NOT make the device legal to use.
WHAT ABOUT DATA SECURITY?
The ICO rules state that data may only be accessed where there is a “legitimate interest”. They explain further by saying: “which means the time and date directly relating to an alleged offence taking place”. this applies to all data controllers, which means your data is secure at all times.
WHAT CAN BE RECORDED?
With a fully compliant system - everything can be recorded, including internal video and switch controlled audio. We applaud Sheffield City Council on its recent change of policy which previously did not allow audio - now it does, having adopted the new National Standard as mentioned above. Using a dashcam - only external images, no internal audio or video, - they are NOT ICO compliant.
WHATS ARE THE BENEFITS?
CCTV has many benefits: to protect you from false allegations, to provide evidence in the event of attacks, to act as a visible deterent where the monitor (which we include in our standard package) is allowed, and it makes the whole investigation process so much quicker and easier for both the driver and for the council.
WHAT ABOUT COSTS AND FUNDING?
For drivers: it is much cheaper than a solicitor if you find yourself accused of anything. For the council: it is much cheaper than the potential costs of enforcement, including interviews, reports and holding committee meetings and potential appeals; Having such systems in place benefits everyone, and there is funding available to local authorities from various schemes. Telford and York councils both aquired funding to pay in full for systems; Leeds had match funding; Rossendale offered £200 plus a free renewal plate to help, and many others have also been successful.
SO WELL DONE TO THOSE COUNCILS!
Safe Systems CCTV Ltd - 01706 551 212
www.safesystemscctv.co.uk
DECEMBER 2022 PHTM
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