There can be little doubt that The Government are taking the legality of CCTV very seriously indeed. With the advent of the Data Protection Act 2018, which incorporates the requirements of the EU GDPR regulations, business can be fined up to 4% of their annual international turnover for serious breaches, with unlimited civil damages able to be awarded.
British Standard BS 62676-4 and the Data Protection Act provide the standards for CCTV that is both technically ‘fit for purpose’ and legal to use. Our DPA Compliance Service provides cradle to the grave compliance, so that that from the day that your CCTV system is switched on it will meet the required standards. More importantly our service is ongoing; ensuring that the required annual audit is carried out and that technical and legal compliance remain in place as your system continues to be used, and evolves to meet future needs.
If you already have a system, we are able to reverse-engineer an Operational Requirement and ensure that all other aspects of compliance are brought into place
Should This Be of Concern to You?
The answer to this question has to be an unequivocal Yes! Without the service described below, or one very similar, you could be personally liable if found to be in breach of the Data Protection Act. Equally important is the fact that pictures used in evidence may be successful challenged in court if they are found to come from a non-compliant CCTV system. If ruled inadmissible you could stand to sustain substantial losses as a result. Indeed, all the money spent on your CCTV system could be wasted if you are unable to use the evidence it produces.
The cost of compliance is tiny compared to the cost of being found non-compliant yet it is often overlooked by those owning or managing CCTV. Contact us if you would like to discuss your compliance requirements, and the cost if ensuring your CCTV system is ‘fit for purpose’ and legal.
The following provides an outline of the various areas that can be included in an Audit of your system:
Technical Audit
To ensure that each piece of equipment is working at optimum levels and is set up to meet the requirements of the Operational Requirement (OR) and conforms to the requirements of the relevant British Standard – BS 62676-4. E.g.
- Does the camera provide sufficient resolution to meet its stated purpose?
- Are there sufficient pixels per meter to meet the required recognition level according to BS62676-4
- Is the lens set to the correct angle?
- Is the transmission suffering from electrical interference?
- Is the Network Video Recorder able to record?
- With sufficient quality?
- For the required days?
- At the correct number of pictures per second, etc?
- Without bandwidth restriction.
DPA Audit
Information Commissioners Office
We will check your registration with the ICO the ensure it is correct and inform you of any deficiencies.
Operational Requirement
Under the Data Protection Act; before installing a CCTV system you should state the purpose for each camera, and cameras should not be installed unless there is a ‘Identified Pressing Need’ (IPN). This is should be outlined within OR which should be prepared before the system is designed. The OR provides the foundation for the annual audit where, amongst other things, the IPN is reviewed and any cameras that no longer have an IPN are removed. We will review your OR to ensure that, where there are IPNs, full justification for the installation of the cameras is documented.
Where there is no OR we will reverse-engineer the necessary paperwork to ensure your system is legal to use.
Public Information/Policy Document
Under the DPA you are required to provide a statement of how you manage, and operate, your CCTV.
We are able to produce a CCTV DPA Policy Document for your organisation.
Privacy
We will report on any cameras which are invading the privacy of others by for example, being able to view the doors or windows of private residences.
Statutory Information Signs
Under the DPA you must ensure that the public are aware when they enter an area where CCTV surveillance in in operation. This is normally achieved by displaying DPA compliant signage (stating that CCTV is in operation, the purpose of the system and who is operating it).
We will provide a signage report identifying any deficiencies and stating the type and size of signs required as well as where they should be located. This will enable the public to obtain their legal right to know the purpose of the system and who, and how, to contact them for additional information.
Management Documentation
CCTV managers must maintain the correct records relating to the effective management of the system. Without these, it will be impossible to prove that your system was, DPA compliant in the event of a complaint or legal action.
We will provide a set of documentation. ensuring that you have the correct paperwork to prove compliance and ensure the smooth running of your system.
Consumables
We will ensure that you have DPA compliant recording facilities and media in the event of an incident needing to be downloaded.
Subject Access Request Management
Because the public have a right to access their data (the recorded images), and to ensure DPA Compliance, The CCTV Advisory Service is able to provide a statement of the individual’s rights, an application form and the correct media for recording.
Security of Images
We are able to provide the correct signage and documentation to deter maintenance engineers from removing a Network Video Recorder or Hard Disk Drive, complete with Data.
Annual System Assessment
The DPA requires that CCTV systems are reviewed annually to ensure that cameras still have an IPN and are working at optimum levels to provide accurate visual data.
We are able to schedule an annual audit of your system ensuring it is still technically fit-for-purpose, that the IPN’s are still relevant, and that it continues to comply with current legislation.
DPA Training
We can provide a half-day training course for your key people to ensure that they are fully aware of the requirements of the DPA, upon your organisation, and understand how they should respond to them.
Discreet Evidence Download Service
Under certain circumstances it may be required that evidence is discreetly downloaded by a person that has no day to day involvement with the management of the system.
Should this be necessary, we are able to provide an independent person to undertake the task.
Professional Evidence Editing
CCTV is often downloaded without thought to how it may be later presented and can contain substantial amounts of irrelevant information resulting in an overlong and complicated presentation. This can be detrimental to the presentation, especially if the video is being used in court, or at a tribunal.
The CCTV Advisory Service is able to arrange a professional editing service where required.
Best Practice
Our services and auditing procedures are constantly being updated to reflect current best practice and we seek to keep our clients appraised of the changes which may affect the management of their system.
