CCTV - WHERE DID IT GO WRONG?


Although the ICO uses the term “panic switch”, this makes it perfectly clear that if no activation switch is installed, then there cannot be any sound recording at all.


SWITCH ON / SWITCH OFF, OR TIMED? IS THE SUPPLIER AWARE?


The major concern is that there are systems being installed incorrectly, with constant audio, and when asked about this, Radio Relay said: “Since it is not a requirement of the council, we do not need to install audio switches, but the drivers can choose to pay for one to be added if they choose.”


DAVE LAWRIE, DIRECTOR NPHTA COMMENT


There are many councils that have now made CCTV a mandatory condition, with many more looking at the idea or consulting on it as we write this. Only a minority are not allowing audio at all after reading the headline of the Southampton vs IC case. By not reading the detail or outcome, they concluded that the case ruled that there should be no audio at all, quite the contrast to what we are reading here, where the audio is constant if no switch is installed.


LACK OF UNDERSTANDING


There remains a lack of understanding of UK GDPR regulations, with some councils allowing, or worse, advising drivers to install an off the shelf dashcam. This is despite the fact that such devices have audio by default, without an activation switch, and in many cases internal cameras too with little to


consideration for ICO Regulations or Cdes of Practice. ICO regulations on recording of audio are clear:


“Audio must be PERMANENTLY DISABLED, and ONLY activated by means of a control switch where it is justifiable to do so.


PHTM NOVEMBER 2024


A variety of methods are used not only by some councils, but also by some system providers., Warrington and Telford councils use multiple timed audio switches, only active for three minutes. Southampton has a single, hidden, timed switch which is set to five minutes. TfL uses timed audio at one minute, whilst most other councils make use of the much safer method of a physical switch which once activated stays on until the issue has gone, and then switched off.


BETTER COMMUNICATION


We are now seeing more collaboration with industry leading experts to develop conditions and criterion. Far more councils are reaching out to gain a deeper understanding of the regulations and how they can be achieved.


WHY DO THEY NEED TO KNOW?


This is vital since licensees will naturally reach out to their own licensing teams for answers, making it essential that those points of contact do indeed have the answers to hand.


In this case though with Lewes/ Eastbourne, we see that despite all the information being provided, and despite all the advice and support being freely and readily available, no action is being taken to resolve the issues.


WHEN ALL ELSE FAILS!


Nobody wants to report councils to the authorities, the preferred approach is to work WITH the local authority, creating a strong and healthy working relationship.


no


We do hope that action will be taken to resolve the issues at hand, and we hope that this will not lead to a repeat of Southampton City Council with action taken in courts, or indeed Warrington Borough Council which had to pay to replace all non-compliant devices.


Imagine if a licensee had been caught breaking rules?


31


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