We offer CCTV Training and Consultancy

CCTV in the UK

Closed Circuit Tele Vision (CCTV) is a part of society. The UK is the most heavily CCTV monitored Country in the World and has more CCTV cameras per head of population than China and China is a Communist State. Its estimated that there are over 4.2 million cameras in the UK, equating to about 1 camera to every 14 citizens. We all know we are being watched on CCTV and that we are caught some 300 times a day on surveillance cameras but do we know what companies and organisations should be doing to make us feel confident that we are not having our privacy rights violated?

ALL Companies and organisations operating CCTV should be abiding by the Information Commissioners Office (ICO) CCTV Code of Practice (CoP). and they should have a copy in their Control Rooms. Even if a system is not registered with the ICO they should still be adhering to the conditions of the Code and the Data Protection Act 1998. The CCTV Code of Practice is written by the Information Commissioner and he / She has the authority to write the document under Section 51 (3) b of the Data Protection Act 1998. The CCTV CoP is a combination of Legal requirement and Guidance. The majority is a Legal requirement.

 

CCTV Code of Practice

 

CCTV and the Law

There are countless companies that sell the latest CCTV technologies and publications that advertise technologies that are capable of gaining excellent images and storing them seamlessly . How would you feel if you commissioned, and had installed a state of the art CCTV system and then had an incident on your premises that was caught on your state of the art CCTV and you went to Court. During the case the defendant had a Solicitor / Barrister that specialised in CCTV Legislation and they discredited your system because it wasn’t compliant with legislation or Industry best practice? Gutted to say the least. This is the reality facing CCTV owners up and down the country. It doesn’t matter how clear the images are if the way in which the images were obtained is inconsistent with the Data Protection Act 1998 for instance then convictions become very difficult. Evidence to secure a criminal conviction HAS to be “beyond reasonable doubt” This is known as the burden of proof. If there is any doubt in the way the system is run maintained administered then a not guilty verdict must be given irrespective of what the CCTV images show.

 

CCTV and RIPA

RIPA (Regulation of Investigatory Powers Act) is the piece of Legislation that is wrongly referred to as Counter Terror Legislation. It never was designed or implemented to be Counter Terror Legislation. It was implemented to tackle serious crime that posed a threat to National Security, The economic well being of the Country or Public Safety. RIPA is controlled by the Office of Surveillance Commissioners (OSC) and NOT the Information Commissioner. By the admission of the OSC, the day to day running of most CCTV is unaffected by RIPA. More information can be obtained by following the link above or by writing to:

The Rt Hon Sir Christopher Rose

Chief Surveillance Commissioner,

Office of Surveillance Commissioners,

PO Box 29105,

London, SW1V 1ZU

Tel: 0207 035 0074

Fax: 0207 035 3114

 

CCTV in Pubs

The ICO issued this statement as a result of Licensing Authorities using CCTV as a condition of getting a License to sell alcohol. This goes against everything that the ICO advocates about the installation of CCTV.

ICO view on CCTV installation being made a condition of an alcohol licence by the licensing authority

The Data Protection Act 1998 (the Act) regulates the holding and processing of personal information that relates to living individuals and which is contained in, or related to, images captured using CCTV.

Over the last few months the ICO has received a number of complaints from landlords, privacy activists and journalists stating that licensing authorities are making CCTV a condition of a licence as a matter of course.

CCTV installation and use should not be made a condition of an alcohol licence unless there is a justification for doing so. If there has been no history of crime or antisocial behaviour associated with your premises and no likelihood of future trouble, it is difficult to see how the installation of CCTV can be justified as a licensing condition to prevent crime or antisocial behaviour. If you have had no ongoing problems with minors buying alcohol on your premises, then this cannot be the justification for making CCTV a condition of your licence.

Licensing authorities are able to set conditions on any licence they grant to sell alcohol. However, conditions which are placed on a licence must be consistent with the details contained in the application for a licence, such as the plan of the bar or the times that alcohol might be provided, and must help to meet the licensing objectives. Licensing authorities are also bound, as public bodies, to ensure that they act in accordance with the provisions of the Human Rights Act 1998 and that any processing of CCTV is necessary and proportionate to meet a legitimate aim. In addition, any retention, use or disclosing of personal information caught on CCTV must be carried out in line with the data protection principles.

Licensing policies

All licensing authorities are required to produce a licensing policy. Many of these licensing policies present the installation of CCTV as a model condition for obtaining a licence to sell alcohol. This runs contrary to the need for licensing authorities to consider CCTV installation on a case by case basis.

In addition, many of these model conditions include provision that CCTV images should be provided to local police services “on request”. This wording does not fit in with the provisions of the Data Protection Act 1998 (which requires a prejudice test) and could be seen as contradicting the UK’s obligations to implement the provisions of the European Data Protection Directive.

CCTV in pubs –FAQs

What is the law which allows licensing authorities to make CCTV a condition of granting an alcohol licence?

The Licensing Act 2003 governs the application and granting of licences for premises to sell alcohol. Licensing authorities, in most cases the local authority, have to determine the granting of a licence in line with the “licensing objectives”, which are:

a) the prevention of crime and disorder; b) public safety; c) thepreventionofpublicnuisance;and d) the protection of children from harm.

Does this mean that licensing authorities can set any conditions they choose on a licence?

No, conditions which are placed on a licence must be consistent with the details contained in the application for a licence, such as the plan of the bar or the times that alcohol might be provided, and must help to meet the licensing objectives. Licensing authorities are also bound, as public bodies, to ensure that they act in accordance with the provisions of the Human Rights Act 1998 and that any processing of CCTV is necessary and proportionate to meet a legitimate aim. In addition, any retention, use or disclosure of personal information caught on CCTV must be carried out in line with the data protection principles.

Can the police insist that CCTV is installed as a condition of a licence?

No, but they are entitled to ask the licensing authority to make CCTV installation a condition of license. However, the licensing authority makes the ultimate decision on which conditions are imposed on determination of the licence.

When determining a licence application, the licensing authority must take into account any “relevant representations” made by “interested parties” (such as local residents or businesses) and “responsible authorities”, such as the Chief Officer of the local police services. While these representations must be taken into account, the licensing authority is not bound by them and is not obliged to place any conditions on the licence that are recommended by local police services. Beyond mandatory conditions in the Licensing Act 2003, the licensing authority may only set further conditions where it considers these are necessary to meet the licensing objectives. CCTV is not one of the mandatory conditions and should only be imposed where this helps to meet one of the licensing objectives. It is important to note that it is the licensing authority, not the police service, which makes the final decision on licence conditions.

Are licensing authorities aware of this?

Yes. Both the Department of Culture Media and Sport and LACORS (The Local Authorities Coordinators of Regulatory Services) have produced guidance for licensing

22 September 2009authorities which makes it clear that CCTV should not be introduced as a matter of course, only where there is a justifiable reason for doing so.

What if a licensee wants to challenge a decision to make the installation of CCTV a condition of an alcohol licence?

Any appeal against a decision by the licensing authority should be taken through the normal licensing appeals process.

Does this mean the ICO is opposed to any use of CCTV in licensed premises?

No. The ICO can see that there is real value in installing CCTV on those licensed premises which have a history of being connected with crime or anti-social behaviour and where this is likely to continue in the future.

How does the Data Protection Act 1998 apply to CCTV images?

The Data Protection Act 1998 (the Act) regulates the holding and processing of personal information that relates to living individuals and which is contained in or related to images captured using CCTV.

What responsibilities does the licensee have for images caught on CCTV?

Under the Data Protection Act 1998, the licensee is the data controller for any CCTV images caught on cameras in their premises which can be used to identify an individual. Licensees must ensure that all CCTV images that can be used to identify an individual are captured on camera, used, stored and disclosed in line with the data protection principles.

It is important that signs are displayed explaining that CCTV is in operation. Other than in exceptional circumstances any sound recording function on the CCTV system should be disabled. Further guidance on these and other matters is available in our CCTV Code of Practice.

Licensees are also required to notify as a data controller to the ICO and pay an annual fee of £35.00.

When can a licensee disclose CCTV images to the police or other third party?

The Data Protection Act 1998 allows for CCTV images which can be used to identify an individual to be handed over for the prevention or detection of crime, the prosecution or apprehension of offenders or where the disclosure is required by law, for example, where an officer of the licensing authority is checking that CCTV is being used in accordance with the conditions of a particular license.

While many licensing conditions stipulate that licensees should provide CCTV images to the police “on request”, the requirements of the Data Protection Act 1998 are such that such disclosure should be necessary for investigating or preventing a crime or apprehending or prosecuting an offender. As such the police must be able to justify their requests for CCTV images to be disclosed to them.

 

SPP Solutions CCTV Training

Level 2 BTEC CCTV PSS (Public Space Surveillance) Operators course

This course is designed to provide the information needed to allow an individual to gain a basic knowledge of CCTV (PSS) Operations thus allowing that individual, on successful completion of the course to apply for an SIA (Security Industry Authority) License.

Entry requirements

Each candidate MUST produce ID in line with SIA Requirements. Any candidate who cannot satisfy the ID requirements will be unable to continue the course. Each candidate will also complete a Basic Skills Agency literacy assessment in line with awarding body and SIA recommendations. The idea of the assessment is to find the literacy level each candidate is at in order to give assistance throughout the learning process. The course content has been assessed as suitable for anyone gaining Level one in Basic Literacy.

Course structure

The Course is divided into 3 Units.

Unit 1 is entitled “Working in the Private Security Industry” and covers the following core subjects over the first 1.5 days of the course:

• Know the purpose and main features of the private security industry
• Understand the legislation that is relevant to people working in the private security industry
• Know how to maintain Health and Safety in the workplace
• Know how to apply the principles of fire safety
• Know how to deal with non fire related workplace emergencies
• Understand the principles of effective communication and customer care in the private security industry

Unit 2 is entitled “Working as a CCTV Operator” and covers the following subjects over the the next 1.5 Days.

• Understand CCTV Codes of Practice, Operational Procedures and Guidelines.
• Understand relevant legislation and how it impacts on CCTV Operations.
• Understand the roles and responsibilities of the CCTV operator and other CCTV staff.
• Understand the characteristics of a CCTV system.
• Understand how to make effective use of CCTV equipment.
• Understand emergency procedures in the CCTV control room.

 

 

Unit 3 is entitled “practical operation of CCTV equipment” Unit 3 is conducted on the final day of the course and covers the following areas:

• Be able to operate CCTV equipment.
• Be able to demonstrate operational use of a CCTV system.

Assessment method

Units 1 and 2 are assessed by means of 2 (1 for each unit) multiple choice question papers each paper consists of 20 questions. The time limit for the completion of each paper is 30mins. Unit 3 is assessed by means of a practical assessment run by the instructor.

Pass marks

Unit 1 and 2 have a 70% pass mark (14 out of 20 each paper)
Unit 3 has no formal score; however certain criteria must be met in order to show that the candidate is capable of putting into practice all the information given.

Course duration

4 Days.

How much does the course cost?

£250 per person + Vat (Inclusive of Exam fees)

 

Download the CCTV Operator Pdf here

 

CCTV Managers Course

This course is designed for individuals fulfilling a Management responsibility whether they are Data Processors or Data Controllers. It allows Managers to understand the complexities of CCTV Management and allows better understanding of their legal and moral responsibilities towards Data Subjects.

Entry requirements

Individuals attending the course should have a basic understanding of CCTV (PSS) They should currently be working in, or managing a CCTV Control room.

Course structure

The course covers and expands on the following areas:

• The Information Commissioner and CCTV
• Data Protection Act 1998 and the Data Protection Principles
• Codes of Practice and writing Operational Procedures
• British Standards associated with CCTV
• Storage Media
• Control Room Visitors and Confidentiality
• Evidence Recovery and Evidence Handling
• Dealing with Subject Access Requests efficiently
• How to effectively monitor compliance.
• Making your system compliant.

Assessment method

Assessment will be tutor lead. During the course you will analyze various documents and have group discussions and debates on the key areas.

Course duration

2 Days.

How much does the course cost?

The course fees are £300 per person + VAT

Download the CCTV Managers Course Pdf here

Call us if you have any CCTV related questions