Working together: Ensuring effective regulation

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Working together Ensuring effective regulation

• Jonathan Bamford
• Head of Strategic Liaison

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Regulating surveillance cameras Protection of
Freedoms Act 2012

• Secretary of State Code of Practice
• Applies only to relevant authorities in England
  and Wales who must have regard to its provisions
• These can be extended by order
• Compliance taken into account in legal
  proceedings but not directly enforceable
• ICO must be consulted on the code
• Establishes Surveillance Camera Commissioner

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Regulating surveillance cameras Data Protection
Act 1998

• Applies to processing of personal data which
  includes images of individuals and information
  related to them
• Applies across the UK and to all sectors
• Incudes legally enforceable standards which must
  be complied with including
• Notification of processing
• The eight data protection principles
• Criminal offences for misuse
• Individual rights including subject access
• Individuals can take own action in court and
  claim for damage and distress
• Establishes an independent supervisory body to
  enforce and promote compliance/ good practice
  (ICO)

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Regulating surveillance cameras Freedom of
Information Act 2000

• Applies to public authorities (excluding
  Scotland)
• Requires access is provided on request to
  recorded information
• Requires proactive publication of information and
  a publication scheme
• Includes provisions for complaints to the ICO
  about refusals and powers to issue decision
  notices

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Regulating surveillance cameras The roles of
the two Commissioners

• Surveillance Camera Commissioner
• Reviews, encourages and monitors compliance
• Has no direct enforcement/complaint handling
  functions
• Provides an annual report to SoS
• Information Commissioner
• Encourages and can monitor compliance with DPA
• Handles complaints ( requests for assessment)
• Can take enforcement action/prosecute
• Can impose monetary penalties of up 500k
• Issues guidance inc. CCTV Code of Practice
• Is accountable to Parliament by submitting an
  annual report and special reports

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Regulating surveillance cameras The two
Commissioners working in tandem

• The ICO has initiated work with all commissioners
  regulating surveillance and produced a
  surveillance roadmap
• The ICO have conculded a MoU with the
  Surveillance Camera Commissioner setting out
  working relationship
• The ICO is on the Surveillance Camera
  Commissioners Advisory Council

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Two codes of practice double trouble or twice
as nice?

• The surveillance camera code was developed with
  input from the ICO
• The draft code was subject to formal consultation
  with the ICO
• The surveillance camera code can cover things not
  within the scope of the DPA
• The ICO has always wanted to ensure compatibility
  not confusion
• Its provisions are consistent with information
  rights requirements
• Following the surveillance camera code helps
  comply with the DPA, FoIA and HRA

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Updating the ICO CCTV Code

• This needs updating due to developments in law,
  technology and practice
• It will reflect and dovetail with the relevant
  surveillance camera code provisions
• It will cover developing case law (DPA/FoIA/HRA)
• It will reflect developments in technology
  like
• ANPR
• Body worn cameras
• Remotely operated vehicles (drones)
• Facial recognition

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Updating the ICO CCTV Code

• It will cover changes in practice like
• growing use of ANPR by private sector
• parking and traffic enforcement in public and
  private sectors
• shared services/partnerships
• It will include updated illustrative examples
• It will keep its practical format, not a legal
  text book
• It will be subject to extensive consultation
• It should be published for consultation later
  this year

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Complying with information rights law

• DPA National ANPR Data Centre 6.7 billion
  deletions undertaken and new retention rules
  implemented
• DPA/HRA
• Use of CCTV with continuous sound recording in
  taxis ruled unlawful
• Enforcement action on extensive use of ANPR
  around a small town
• FOIA-publishing precise location of ANPR cameras
  used by police is not required
• Further DPA cases under consideration
• Extensive use of CCTV by a local authority to
  enforce parking/traffic restrictions

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