CCTV - Legality Question

[rich_tech]

Hello All,

 

Our school has just had a rather minimal CCTV system installed onto the premises and obviously as its all cameras and computers it falls to the tech savvy (IT department) to monitor them / control them, I have had a look on the ICO website about them and the code of practice relating to them and it has thrown up a few questions, especially the bit regarding public spaces.

 

Does the school I work in now require a public space surveillance licence ? 9.4 of the CCTV code of practice ? Obviously the followup being about SIA licensing then if we are deemed to be a public space ?

 

Are there any other sources of information regarding CCTV and its use within Wales, I have been through the ICO guidelines and have obviously looked at them, but I am now looking for as much information as possible, so I can notify the SMT here of any concerns I may have prior to commencement of it going live within the school.

[TechMonkey]

IANAL but I wouldn't classify you as a public space, that would be more for streets and open areas publicly available.

 

The only things I remember doing was having a CCTV policy, which roughly covered who could see what, how long the footage was kept and what we monitored and why. Also CCTV signs at the entrance so people knew.

[MatthewL]

I would recommend speaking to your local authority, they will have some guidance on this, better to be safe than sorry.

[GrumbleDook]

A public space is where members of the public can be clearly seen and where the primary activity for them being there is not that of the organisation.

 

In a school this would mean that your CCTV might have an area blanked out if it can clearly see a public footpath where people not related to the school might be clearly seen and identified.

 

As a public building it is expected that anyone going onto *your* premises (as opposed to public space) is doing so for the purposes of the school (even if they are simply coming in to complain ... it is related to the school) and so your *clear signage* telling them CCTV is in operation is enough to inform them of what is going on.

 

It is all around the expectation of privacy. Someone walking on the pavement next to the school has a reasonable expectation that they will not be on CCTV. If there is a high burglary rate in the area and the school has been broken into on many occasions then it might go to the local community to say it is going to keep an eye on public spaces as well, to try to a) deter people casing the school and b) help the authorities identify people who have committed crimes.

 

It is sometimes a fine line a a chat with your local community bobby can help with identifying the best thing for you to do.

[Ex-MGSTech]

Your Data Controller (someone nominated in school) will need to update your registration with the ICO, if they are PTZ camera's then a different decleration needs to be made

You are also required to post notices saying who runs the system, and for what puropses you are using it.

before BECTA died, they issued guidance that CCTV should not be used in schoool to manage/monitor behaviour!

 

Register (Notify) under the Data Protection Act - ICO

 

Steve

[Ex-MGSTech]

An increasing number of schools have CCTV for security. We do not

regulate the use of CCTV but can offer advice because it involves the

processing of personal information. Capturing and/or recording

images of identifiable individuals is processing personal information

and it needs to be done in line with the data protection principles.

You need to be clear in your notification to us and in informing staff,

pupils and visitors why you are collecting personal information in the

form of CCTV images. If part of the purpose is to help maintain good

order in the school, you need to mention this. You should site

cameras only where they are needed for the stated purpose and

where they do not unnecessarily intrude on anyone’s privacy.

Give some thought to why you keep any recordings as well as having

a set retention period based on the possible need to review the

footage. Also consider who is allowed access to this footage and why.

Remember that people can request CCTV images in subject access

requests.

Useful link

CCTV code of practice 2008

http://www.ico.gov.uk/for_organisations/data_protection/working_with_the_ico/~/media/documents/library/Data_Protection/Research_and_reports/report_dp_guidance_for_schools.ashx

[rich_tech]

Thanks for your responses here, I was wondering regarding the public places bit, I agree with the definition, but I will mention it to the SMT here as a matter of course.

 

Helped clear up a fair bit of stuff for us, we dont have any of the cameras as PTZ ones, their all fixed here, but obviously as we have only just installed them, we are keen to get the legalities of it all spot on.

 

Interesting point raised though so thanks all.