CCTVs are becoming a prominent feature in homes, businesses, and public spaces across the world. Their increased presence brings up questions of security, safety, and privacy. Ever since their mainstream introduction in the ’70s and ’80s, people have always been a bit wary.
While it may be jarring to have your move monitored, there are laws in place that protect you. The key is knowing when they come into play and what you can do about it. Here are some surveillance statistics.
Surveillance and privacy laws vary according to the territory, much less according to country. If you are travelling abroad, different rules may apply. We can see this in action between the UK and Australia. While the use of CCTV is common in Australia, the UK has one of the world’s most intensive surveillance systems. In fact, London is one of the only cities outside of China to make it within the top 10 most surveilled cities.
CCTV Laws In The UK
When navigating the UK’s CCTV system laws, it is best to break them down according to their settings like home, work, and public spaces. While the laws are generally the same, each place highlights a different concern.
Home
In the UK, CCTVs are a popular way to improve home security. They are usually installed near entrances in case of break-ins and trespassers, but some choose to also install them in common areas around the house or garden. The CCTV installation and footage have little to no control. Your system is also exempted from the Data Protection Act (DPA) when it only captures what goes on in your private property.
While it is pretty relaxed, residents are encouraged to use their surveillance system responsibly. Responsible CCTV-use entails:
- Leaving private spaces like bathrooms–camera free.
- Informing people that there are CCTV cameras on the property.
- Respecting other people’s privacy and personal space.
However, if your camera captures passersby in a public area, DPA comes into play. You need to be able to do the following:
- Put signs that identify the purpose of the CCTV camera.
- Securely keep the footage and avoid sharing it with other people.
- Regularly delete the footage after it served its purpose.
- Avoid using it for any other purpose than security.
Also, remember that people have the right of access, erasure and objection. When these rights are not met, you may have to deal with their complaints with the Information Commission’s Office (ICO) and in more extreme cases: court.
Work
Companies are allowed to monitor their employees to check on their productivity. From CCTV footage to emails, your employers legally have the right to collect and review the contents. At the same time, you are protected by the Human Rights Act (HRA), General Data Protection Regulation (GDPR), and the DPA.
Your workplace should always secure the recordings they have and avoid using it for any other purpose. If their CCTV is meant to catch thefts, then any other footage that does not exhibit that should be deleted as soon as possible. You are also allowed to access these surveillance videos if you want.
Public Spaces
It can be hard to avoid CCTV cameras in the busiest parts of the UK. Their government slated a massive budget of £170m back in 2011, and they have never looked back. CCTVs in public spaces are usually installed to keep the peace. It tries to prevent crimes as well as catch evidence.
Even on such a massive scale, your privacy is still maintained with the HRA, DPA, and GDPR. If someone else needs to access their footage, and you are part of it, they blur out your face. The blurring feature also applies to licence plates, addresses, and other personal information. They also should get your consent before releasing any footage. The only exception is when there is a public safety concern.
CCTV Laws In Australia
Surveillance laws in Australia always emphasise the importance of local rules on top of national ones. You can check them out by consulting the data and privacy laws in your region.
Home
Just like the UK, Australia has no laws or restrictions for CCTV installations on private property. Again, the same rules apply. Always keep private areas free of cameras and avoid recording without consent.
However, unlike the UK, Australia has a bit of leeway with cameras pointing/ recording your property. It may be troublesome, but as long as you have evidence that it is either criminal, voyeuristic, or a nuisance, you can work on redirecting the camera or taking it down completely. Given the lack of rules and laws, you are forced to work directly with your neighbours if you have any concerns about your privacy.
Work
In Australia, companies are allowed to monitor and record their employees to ensure that they stay productive. They are still legally obligated to tell you about the CCTV cameras and blurring, redacting, and destroying their recorded information when it is not needed anymore.
For large organisations that make over $3 m per year, the Privacy Act applies and ensures that all employees’ personal information, including CCTV footage, is used and managed properly.
Public Spaces
Even in public spaces, they should have signs to tell you that surveillance cameras are monitoring you. Here they take on the role of enforcing public safety and aim to decrease anti-social behaviour.
You should also be able to exercise your right to view or delete the footage. While it isn’t as straightforward as talking to the person who owns the space, you can usually ask this from the area’s managing body. For example, you experience a mugging on the train or bus station, you can request for the CCTV footage from Transport.
Are There Differences Between The Two?
The short answer: none. Between Australia and the UK, there isn’t much of a difference. Their CCTV system laws both work with personal privacy in mind. While it is great that Australia has comprehensive rules in place, they did not manage to improve on the grey areas.
Most residents have an issue with home-surveillance systems that have a clear view of their house. However, there is little to no system to sort it out. The UK doesn’t handle it much better, but they have ICO to act as mediator. As CCTV cameras develop and improve, lawmakers need to catch up and create ways to empower the everyday man.
Hopefully, this brief rundown informed you about the relevant privacy laws that affect you.
