A Strasbourg Court has awarded the man concerned (who had no legal redress under current UK legislation) no less than £8,000 in damages plus £12,000 costs following Brentwood Council’s decision to release the sensitive footage to local newspapers, Anglia Television and the BBC. It showed the man with a knife, about to slash his wrists in Brentwood High Street.
The Court ruled that the man’s right to respect had been violated after the 47-year-old (who cannot be named for legal reasons, of course) claimed his life had been shattered after the distressing footage was shown on a BBC crime programme (during which he was identified by friends, family and neighbours).
David Lacey – ADT’S CCTV product manager – stated that it’s now more important than ever that CCTV users review their policies in light of the Data Protection Act, which stipulates stringent restrictions on who has the right to view live or recorded footage.
“Under the Act, CCTV footage has to be treated with the same level of confidentiality as medical records or credit card information,” said Lacey. “This latest EU ruling should act as a wake up call to the industry that CCTV cannot be used for entertainment purposes, and can only be viewed under strict circumstances.”
Issued back in 1998, the Data Protection Act states that all commercial CCTV system owners must notify the Government’s Information Commissioner, and be fully compliant with the terms of the Act. Firms or local authorities face fines of up to £5,000 if they fail.
This latest European ruling, though, also means that damages and costs running into tens of thousands of pounds may become commonplace if end users don’t adhere to the letter of the law.
Under the terms of the Act, all commercial CCTV systems must now be labelled with signage informing members of the public that they’re being filmed, the reason that the system has been installed, the contact details for those operating the system and information on what’s being recorded. In addition, the system must be subject to regular maintenance (and requires a log book or other form of documentation to track all data).
Source
SMT
Postscript
End users wishing to notify the Commissioner about CCTV usage (or who would like to obtain a copy of the current CCTV Code of Practice) should contact the Office of the Information Commissioner direct on (telephone) 01625 545745.
No comments yet