Using CCTV for Home Security – What You Need to Know to Stay Legal

The UK is one of the biggest users of CCTV, with security cameras being a regular feature on high streets and in the vast majority of shops and supermarkets across the country.

In fact, the British Security Industry Association (BSIA) has estimated that there could be as many as 5.9 million surveillance cameras in the UK. So the average person going about their daily business is likely to be captured on camera as many as 300 times in a single day.

In this article, we will explore the increasing use of CCTV as a home security measure to protect against crime and anti-social behaviour. We will explain the rules regarding installation and how the Data Protection Act 1998 can apply to the use of security cameras on private property.

Using CCTV as Home Security

The use of CCTV, or closed circuit television cameras, has become increasingly popular as a form of home security in recent years. The cost of electronics has fallen rapidly, making CCTV systems much more accessible to homeowners than ever before.

There is a huge range of security options available, with CCTV systems being widely available from DIY shops, supermarkets and popular online stores such as Amazon and Argos. Wireless cameras are also available, making installation possible for anybody with basic DIY skills.

CCTV can be a great deterrent against criminal activity such as theft, burglary and anti-social behaviour. As well as helping to prevent crime, it can also be used to aid the police in identifying and prosecuting offenders when crimes are committed.

Do I need permission to install CCTV at my home?

In the vast majority of cases, the answer to this is no. You are legally allowed to install CCTV cameras to help protect your home without requiring any planning permission from your local authority.

If you live in a listed building or within a conservation area, there may be some restrictions on the installation of security cameras. So if this applies to you, it is best practice to speak to your local planning authority before you purchase any equipment.

Of course, you must ensure that the cameras are installed on your own property. You cannot fit security cameras on a neighbouring property, streetlight or any other structure that falls outside of your property unless you have permission from the owner. This is the case even if the camera is pointing at your property.

Is the use of CCTV covered by the Data Protection Act 1998?

If CCTV is used to capture footage purely from within the boundaries of your property, this use will be exempt from the Data Protection Act. This is referred to as the domestic purposes exemption and is covered by Section 36 of the Act, which states:

Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles

So if you want to use security cameras to record footage of your front door, your driveway or your back garden, in most cases you are free to do so without having to worry about the Data Protection Act.

If your CCTV installation will record areas beyond your property boundary, even if only partially, the domestic purposes exemption will no longer apply.

This means that your use of security cameras will be covered by the Data Protection Act and you will need to take additional steps to ensure you comply with the law.

Registering with the Information Commissioner's Office

If your security cameras may capture footage of people outside of your boundaries, such as on the pavement or road, you may need to register as a data controller. This is a requirement under the Data Protection Act, with the registrations being administered by the Information Commissioner's Office (ICO).

The cost of this registration is £35 per year and can be completed online at the ICO website. By registering your household CCTV system, you can help to ensure compliance with the law.

Restrictions on CCTV imposed by the Data Protection Act

If your use of CCTV is covered by the Data Protection Act, you will have a responsibility to take various steps to keep within the law. This includes the following:

• Making sure clear signs are visible which state that CCTV is being used
• Only using the footage captured for its intended purpose
• Only keeping the footage for as long as necessary
• Not to release the footage to third parties
• Making sure the footage is stored securely

If CCTV has been used to capture a crime, such as a burglary or theft, the footage can be passed on to the police. When it comes to the detection and prosecution of a crime, home security camera recordings can be kept for as long as necessary to fulfil the intended purpose.

Using home security footage as evidence

Homeowners making use of CCTV are advised by the police to take special care to ensure their use of cameras complies with the relevant legal requirements. Failing to do so can render the footage unusable as evidence in any subsequent criminal trial.

Even if the security footage is clear evidence that the person accused has committed the crime, if it has not been obtained legally, it will most likely be disallowed by the judge.

Can the use of CCTV breach the Human Rights Act?

If you decide to make use of CCTV, it is important that you consider how its use could impact on the privacy of your neighbours. Under Article 8 of the Human Rights Act 1988, every person has the right to respect for their private and family life and their home and correspondence.

If a security camera is recording a neighbour's property, such as their front door or garden, it could impact on their right to privacy. Equally, a person's privacy could also be breached if a home security system is used to capture audio recordings of conversations.

Both of these situations could amount to a breach of Article 8 of the Human Rights Act, and a civil claim for compensation could be made against the homeowner.