From fitness centres to furniture showrooms and from tyre fitters to tool grinders, many of the businesses we visit these days seem to have closed-circuit television (CCTV).
Employers install it for various reasons – to deter theft, to record crime, to protect the health and safety of staff and the public, or perhaps even simply to monitor employees.
Camerawatch, a non-profit awareness-raising body, estimates that more than 4.2 million CCTV systems now operate in Britain – 90 per cent of them illegally.
Little wonder. A CCTV-law specialist said in the early days that getting to grips with the subject was like “kicking manure up a hill with pointed boots”. Things are a bit simpler now, but can still present a formidable challenge to smaller businesses.
First, companies with CCTV operating on their premises must, under the Data Protection Act, tell the Information Commissioner that they are gathering personal information about the people they are recording, and the reasons they are recording it. They must also put up signs to warn the public that recording is taking place.
The companies must be able to convince the Information Commissioner that the information they gather is fairly and lawfully processed, accurate, not excessive, and kept securely and for no longer than necessary.
This is not a one-off. Companies must maintain their compliance, or face an investigation and, possibly, hefty fines – to say nothing of loss of reputation.
Secondly, CCTV systems must not infringe the Human Rights Act, which now guarantees individuals a right to privacy.
Finally, businesses that subcontract their CCTV monitoring to a private security firm must be certain that its employees have the relevant Security Industry Authority (SIA) clearance.
This means having a Public Space Surveillance CCTV licence if the cameras are used to: monitor the public, whether they are in public areas or on private property; focus on the activities of particular people; look out for particular individuals; or record images to identify individuals or investigate their activities.
Even if the cameras are used only to monitor or identify intruders or protect buildings and vehicles against theft, the sub-contracted employees must have a Security Guarding licence.
The message is clear: it’s not only employees and members of the public who need to fear being caught out by CCTV.
To speak to a specialist in this area please contact us
Notes to Editors
Pearson Hinchliffe Commercial Law is a commercial law practice providing a range of legal service to business and commercial clients in Oldham and across the North West. The firm's specialities include Company & Commercial, Employment Law, Commercial Litigation and Commercial Property matters. As one of the leading law firms in the North of England, Pearson Hinchliffe’s mission is to be ‘the complete law firm’ providing the highest quality legal services to its clients. It does this by offering practical and cost effective, high quality legal advice for a wide range of clients. Each client is catered for as an individual with their business and personal requirements taken into account which allows for a highly personalised service. For more information on this article or Pearson Hinchliffe Commercial Law, please contact a member of the marketing communications team on +44 (0)161 785 3500 or email
muhammed.shaikh@pearson-hinchliffe.co.uk
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