UNDERSTAND THE RISKS
£10 charge for providing data, this was made free of charge under UK GDPR. Some councils allow internal recording dashcams to be used which they should not.
Council approved recording products might not actually be UK GDPR compliant, it just means that the council has approved a modification to the vehicle.
Mandatory CCTV
Where in-vehicle CCTV is mandatory, the devices on the approved council list are mostly fully compliant, as are the devices on most council lists where in-vehicle CCTV is voluntary.
However, sadly not all approved lists are correct, some councils still have twin lens dashcams or dashcams with audio on their list, which are non-compliant and should not be there. No, I will not be naming names!
Driver caught and punished
The following is a recent letter shared on the PHTM Facebook page. Hi, to all fellow drivers.
Please read - as this driver had his private hire licence revoked, has been banned by his operator, taken to court and fined.
The driver picked up a passenger. He took an alternative route on the journey but apologised to the passenger. The job was on a set fare price.
However, the passenger got awkward, he started giving the driver abuse, tried damaging the vehicle and provoking the driver to escalate the situation to a fight.
The driver remained professional and told the passenger he was being recorded, and that the footage will be used as evidence.
The passenger got out of the car, slamming the door. He then reported the driver to the operator with false allegations of verbal abuse and that he was on the phone when he was driving.
The driver gave the dashcam footage to the operator, which clearly showed that the driver had been the victim.
However, the passenger then filed a court case against the driver for breaching the Data Protection Act, for recording him without his consent.
PLEASE NOTE:: if you are not FULLY ICO compliant then your evidence is useless in the eyes of law, you could land yourself in serious trouble.
PHTM FEBRUARY 2025 NO! that is not enough
Having signage AND being registered as data controller alone is not enough, it simply makes you legally responsible to ensure that your device is FULLY ICO compliant.
Sharing the footage was certainly not the issue here, as he had a “legitimate interest” to do so, and had not shared it publicly so we can only assume that the issue was the device used.
INTERNAL DASHCAMS - THE RISKS?
l Dashcams are quick release, so can be easily removed by anyone, including a thief or an attacker.
l They then have access to all the previous data stored on the device, which can be viewed and easily shared all over social media.
l This is a serious breach of data protection regulations which could result in a driver being prosecuted, losing his taxi licence and being given a heavy fine.
THE ICO
l Many licensed drivers have never heard of UKGDPR or the ICO. Those that have, believe that if they register with the ICO and put a sticker on their vehicle window that their device is fully compliant
l However, there is in fact no register of products
l The ICO’s annual fee of £35 only registers you as the data controller, it does not make your recording device UKGDPR compliant.
IN CONCLUSION
I have written and called the ICO several times to encourage them to write clearer and easier to understand blogs.
However, in the meantime many drivers are using non- compliant devices which could result in a serious problem.
We therefore remind you all - do not cut corners on YOUR protection. Our trade is dangerous, and YOU are vulnerable; BUT driving a licensed vehicle also makes YOU accountable.
If you are using an in-vehicle recording device, please ensure it is fully UK GDPR compliant by following the four rules for internal recording products opposite and make certain that it’s been approved by your council.
It is just not worth the risk! 57
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