A Brief Introduction To The Data Protection Act
All public space surveillance carried out by CCTV (whether recorded digitally or by analogue) is governed by the Data Protection Act of 1998.
All CCTV systems must comply with all Principles of the Act, the main points of which are that the images must be fairly and lawfully processed for limited purposes, adequate, relevant and not excessive, accurate and not kept longer than necessary.
It is recommended that tapes should be passed through a VCR no more than 13 times and changed annually. It is also recommended that tapes should be rotated through a 31 day cycle.
Tapes should be cleaned so images are not recorded on top of images previously recorded (degaussed). A degouser should be used to allow the tape to be used as admissible evidence in court. Date and time reference (where used) should be accurate.
Signage is required indicating that CCTV is in operation, giving a name and contact numbers of system operators. Security measures are to be in place to ensure images cannot be misused, i.e. tape management logs kept, and tapes stored in dispensing cabinets with secured access.
The user or 'Data Controller' is required to register with the Data Protection Commissioner the purposes for which the equipment is used; i.e. prevention and detection of crime or for public safety. A pro-forma template application specifically for CCTV, is available from the Data Protection Commissioner for completion and return. Failure to notify the Commissioner of the use of such a CCTV system is a criminal offence.
There is a minimal annual charge for registering with the Data Protection Commissioner. Up-to-date information about these costs, and how to make an application to notify under the Data Protection Act, is available from the Information Commissioner's Office.
The full Data Protection Act can be read on the Office of Public Sector Information (OPSI) website.
The above information is intended only a brief outline of responsibilities applicable to the users of CCTV equipment. For full details please contact our sales department.
