25
ISSUES: Privacy
Chapter 2: Surveillance
Human rights and CCTV
T
he use of CCTV in the UK, and
its impact on human rights and
civil liberties, regularly hits the
headlines. Concerns are raised both
about the number of CCTV cameras
in the UK and the lack of regulation
regarding their use. The UK’s Coalition
government have said that they
intend to introduce a programme
of government which sees greater
protection for, and a restoration of,
civil liberties in the UK. Amongst the
areas they have said that they intend to
address is an increase in the regulation
of CCTV use.
UK – CCTV nation?
Research
conducted
in
2002
suggested that there were 4.2 million
CCTV cameras in the UK – equating to
one CCTV camera for every 14 people.
So startling was this statistic that it
has been seized upon by critics of
CCTV ever since. However, this figure
was based on an extrapolation from
a survey conducted in one area of
London and now seems likely to be
unreliable.
Comprehensive records of the number
of CCTV cameras in the UK are not kept
but a 2009 report suggested that the
true figure for CCTV cameras in the
UK is about 3.2 million. Whilst this
represents a significant drop from the
earlier estimate, it is widely accepted
as proof that the UK has more CCTV
cameras than any other country in the
world.
Who is using CCTV?
The principal use of CCTV cameras
may be by the police and other public
authorities to combat crime and
antisocial behaviour. However, private
businesses – and even individuals –
are increasingly turning to CCTV as a
means of monitoring and protecting
their property. Advances in CCTV
technology have resulted in cameras
that may have face recognition
capabilities, allowing individuals to be
picked out of a crowd from a database,
or which can monitor for particular
types of, suspicious, behaviour.
Are CCTV cameras a deterrent?
Despite the advances in technology
some remain sceptical about the
efficacy of CCTV in reducing the level
of crime. If cameras are everywhere
people may become inured to them
and they may lose their deterrent
effect. In addition, the cameras must
be constantly maintained in order for
useful data to be produced by them.
Firm evidence that the use of CCTV
cameras in the UK has had a positive
impact on crime figures has not been
forthcoming.
Human rights and the use of
CCTV
Article 8 of the European Convention
on Human Rights concerns the right
to family and private life. This includes
the right to respect for an individual’s
home and correspondence. The right
contained in Article 8 is
known as a qualified right
which means that there may
be circumstances in which
some interference with it is
justifiable. This right means
that an individual has the
right to the level of personal
privacy which is compatible
with a democratic society,
taking into account the
equivalent
rights
and
freedoms of others. Any
interference with this right
by a public authority may
be subject to a test of
acceptability.
The
state
and
public
authorities are permitted
to
interfere
with
an
individual’s Article 8 right to privacy
if the interference has an obvious
legal justification. Amongst other
reasons, this could be because the
interference is necessary to protect
national security or for the prevention
of crime. In addition to having a
clear legal justification, the amount
of interference with the right must
be proportionate to the end result
achieved and only go as far as is
required to achieve that result.
Public authorities, including the police
and local councils, must balance the
benefits of using CCTV against an
individual’s right to privacy.
CCTV and data protection
The problem for an individual’s
personal privacy is that if a camera
is installed by a private company or
an individual to monitor their own
property there is little legal protection
for any individual being observed by
it. Nonetheless, there may be issues
regarding the use and storage of any
images captured by the CCTV camera.
The Data Protection Act 1998 governs
the use of CCTV equipment and any
data produced or stored by it. The
Act is likely to apply if a CCTV camera
is set up, in public place, to capture
everything that passes in front of it.
The owner of the CCTV equipment
will have to comply with any relevant
provisions of the Act. However, a
householder who sets up a CCTV
camera for purely ‘domestic purposes’
may not have to comply with the Data
Protection Act. The only recourse for
an individual who feels they are being
unreasonably targeted by such a CCTV
camera – for example, one belonging
to an unfriendly neighbour – could
be to make a complaint to the police
about harassment.
1 March 2017
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The above information is reprinted
with kind permission from About
Human Rights. Please visit www.
abouthumanrights.co.uk
for
further information.
© About Human Rights 2017
