2.About this codeThis code provides good practice advice for those involved in operating CCTV and other devices which view or record images of individuals. It also covers other information derived from those images that relates to individuals (for example vehicle registration marks). This code uses the terms ‘CCTV’ and ‘images’ throughout for ease of reference. Information held by organisations that is about individuals is covered by the Data Protection Act 1998 (DPA) and the guidance in this code will help operators comply with their legal obligations under the DPA.
The DPA not only creates obligations for organisations, it also gives individuals rights, such as the right to gain access to their details and to claim compensation when they suffer damage.
The basic legal requirement is to comply with the DPA itself. This code sets out the Information Commissioner’s recommendations on how the legal requirements of the DPA can be met. Organisations may use alternative methods to meet these requirements, but if they do nothing then they risk breaking the law.
The recommendations in this code are all based on the legally enforceable data protection principles (Appendix 1) that lie at the heart of the DPA and they have been set out to follow the lifecycle and practical operation of CCTV. Each section of the code poses questions that must be positively addressed to help ensure that the good practice recommendations are being achieved.
Following the recommendations in this code will:
This code replaces the earlier code of practice issued by the Information Commissioner’s Office (ICO) in 2000 (reprinted in 2001) and the supplementary guidance for small users. It takes account of the technical, operational and legal changes that have taken place since the original code was drawn up.
CCTV operators and practitioners have been involved in its production and we have taken into account their experiences of using the previous code of practice. It also builds upon research the ICO has commissioned into public attitudes to surveillance technologies and research on ‘surveillance society’ issues more generally.