CCTV: under the public gaze

The remainder of 2005 promises to be an interesting time for the CCTV world. There is much change in the fibre optic pipeline, which is likely to have a significant impact on end users. The Security Industry Authority (SIA) has guidance and advice to offer, UK Data Protection law continues to attract European interest and one suspects there may well be some more Court cases coming to the fore, bringing CCTV-related issues under the public gaze once again.

In addition, the independent Bichard Inquiry into the Soham murders is yet to have a full impact on the Data Protection community, but has nonetheless precipitated many changes to the way in which we operate data control. Sir Michael issued 31 recommendations for change in a number of areas, many of them focusing on how data is processed within the police service. A direct result of this is a new code from the Association of Chief Police Officers (ACPO) on police information handling, designed to bring forces into one accord in relation to data handling.

ACPO was also busy in the first quarter of 2005, of course, with its CCTV Working Group co-hosting a conference on digital and technical CCTV issues last February. The aim? To disseminate Best Practice techniques among the police service and other CCTV practitioners. Just what is required.

The Information Commissioner’s Office is due to release a revised Code of Practice for CCTV, and has recently given advice to the Fraud Advisory Panel as to how it views a number of investigative tactics when using CCTV in covert applications.

Considering enhanced compliance

Information Commissioner Richard Thomas has now appointed a chief investigations officer tasked with looking proactively towards a more rigorous enforcement policy. That move was advised by the Article 29 Working Party in November last year, when its members considered the role of enforcement in enhanced compliance.

The Working Party stated that the promotion of harmonised compliance is one of its permanent, strategic goals, while suggesting that it will be making a specific (joint) effort to improve enforcement.

In terms of the UK, enforcement isn’t just about prosecutions, but rather the wider explanation to data users of the requirements of the 1998 Act. There are still organisations processing data that have not yet fully grasped or applied the guidelines.

The revised Code of Practice on CCTV is likely to appear later in 2005. It should cover a number of current grey areas, and give more specific advice to those authorities still waiting for case law to apply processes. The case involving Durant versus the Financial Services Authority (FSA) presented a new interpretation on what is personal data, and has since been applied to CCTV systems where there is a low level of expectation.

My own view on this matter is that personal (CCTV) images must identify people significantly and therefore, by definition, present personal data of the individual. The FSA case was more appropriate to documentation data, and the ruling has been applied to images. The – very brief – basis of the ruling was that data had to contain more than just mere reference to the data subject and, to be personal data for the Act, the data had to include more details of a given individual’s personal or private life.

Clear and defined images

To identify the data subject, an image has to have both clarity and definition. If it doesn’t have these then I agree it could not pass as data. However, because of the high likelihood of identifying subjects by image, it will show what they are doing at that time.

If you improve your CCTV operators’ skills base, and have a more specialised team in place to deliver higher standards, the demand for a better career path and ongoing training and development will be a natural extension of that

In my opinion, it does not merely ‘refer to the data subject’. It also shows activity. The fact that it may be in public is not a Data Protection issue. Rather, it is a privacy issue under the jurisdiction of the European Court of Human Rights. The whole subject matter will continue to develop and, like all legislation, there will be claims and counter claims for years to come.

The SIA is now finding its feet, and licensing for door supervisors, wheel clampers and security officers is ‘live’. Public Space Surveillance (PSS) CCTV operatives must also be licensed before next March. A comprehensive skills portfolio is required of such operatives, developed in conjunction with a number of interested parties (including the CCTV User Group and SITO) and outlined in the SIA’s A4 guide entitled ‘Get Licensed’.

The requirement for PSS monitoring staff to be licensed is a result of lobbying of the SIA by these and other groups, and is necessary due to the complex and demanding role.

Standards must be raised

Recent examples of the poor or improper use of CCTV show that there is a need for standards and professionalism in both managing and operating surveillance systems, in public spaces and within the wider security community. There are a variety of training standards available within the industry, with one of the SIA’s key objectives being to raise individual skills levels to such a degree that they will meet the agreed standards. This will impact not only on the quality of work and the individual concerned, but financially with regard to the industry as a whole.

If you improve your CCTV operators’ skills base, and have a more specialised team in place to deliver higher standards, the demand for a better career path and ongoing training and development will be a natural extension of that. Indeed, it is the stated intention of the CCTV User Group – and others – to ensure that there are set standards and qualifications packages to reflect the demanding roles involved in the professional management and operation of surveillance systems.

The end result is what matters most

The end product is what matters to the end user. If your images don’t measure up to the required standards, and your staff do not meet the licensing requirements, why make the effort to invest in CCTV at all?

Today’s many and varied surveillance systems are unequalled in presenting good evidence when they have authenticity and integrity. To arrive at that point, however, requires change. If you are in the business of operating CCTV, it’s essential to keep pace with change and prepare for it.

If you don’t, you might well find a certain Commissioner beating a path to your organisation’s front door.

Make sure you heed the warning.