Almost all CCTV systems are illegal, says Expert

Via Out-Law.com -

As many as 95% of CCTV systems in the UK are operating illegally, according to a CCTV expert. The revelation comes as new legislation is about to take effect in Scotland which could render even more systems illegal.

Companies whose premises have CCTV systems in operation must alert the Information Commissioner that they are gathering personal information about the people they are recording. They must also put up signs to warn the public that recording is taking place.

A new law will come into force in Scotland on 1st November requiring those operating systems on a contract to have a separate licence. The law, which is already in effect in England and Wales, does not apply to operators working directly for the company whose premises are being surveyed.

Bernie Brooks of CCTV compliance consultancy DatPro told OUT-LAW Radio that he comes across few systems that operate within the law.

"From my own my experience after personally surveying many, many hundreds of buildings, I would say probably less than 5% are compliant," said Brooks. "I would say that 95% are non-compliant in one way, shape, form or another with the [Data Protection] Act. Obviously that's quite a worrying thing. If the system is non-compliant it could invalidate the usefulness of the evidence in a court of law."

Brooks's assessment matches that of non-profit CCTV awareness raising body Camerawatch. It said in June that its research showed that over 90% of the UK's 4.2 million CCTV systems were not compliant with the Data Protection Act.