CCTV Use and Rules

The scottish government is unfortunately changing  legislation on which crimes police will investigate.  Once of these changes is that Police will no longer investigate burglaries which have no CCTV evidence.

In light of this we expect to see an increase in CCTV installations. We recommend all neighbours installing CCTV read the ICO guidance on how it should be utilised.

Below is key information taken from the ICO information regarding what you can and can't do with CCTV. You can reference the most up to date page here https://ico.org.uk/for-the-public/domestic-cctv-systems/#rules

Domestic CCTV use
The use of recording equipment, such as CCTV or smart door bells, to capture video or sound recordings outside the user’s property boundary is not a breach of data protection law.  

People should try to point their CCTV cameras away from their neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible.

When people capture images and audio recordings outside of their property boundary, they should consider how intrusive this activity is. They should consider whether they can point their cameras elsewhere or, if possible apply filters or privacy blocks. In these circumstances, data protection law also requires them to follow certain rules – although these are difficult to enforce.    

What can I do if I am unhappy about someone using domestic CCTV to record me?

In most cases, we would suggest you start by talking to the person doing the recording.

We suggest following these steps:

1. Contact the person – if you are concerned about talking to them in person, try writing them a letter.

2. Ask why they are using CCTV – people usually install domestic CCTV cameras and smart door bells to monitor and protect personal property. They can make the user and their family feel safe. If you understand why they are recording, it may put your mind at ease. You might even come to an agreement where you share the system. You can then both benefit from the camera’s safety features.

3. Explain your concerns – the CCTV user may not understand why you are worried about being recorded. If you explain your reasons, they may change the position of the cameras.

4. Ask to see what they are recording –the footage captured by the camera may not be as intrusive as you think. Seeing an example of what the camera records may make you feel less concerned.

What are the rules about domestic CCTV?

Data protection law says that people who capture images or audio recordings from outside their property boundary using a fixed camera, such as a CCTV camera or smart doorbell, should:

1. tell people that they are using recording equipment;

2. in most circumstances, provide some of the recording if asked by a person whose images have been captured;

3. regularly or automatically delete footage;

4. in most circumstances, delete recordings of people if they ask; and

5. stop recording a person if they object to being recorded, but only if it is possible to do so. For example, if they can point the camera in a different direction but still use it for the same purposes, eg keeping their property safe.

These rules only apply to fixed cameras. They do not cover roaming cameras, such as drones or dashboard cameras (dashcams) as long as the drone or dashcam is used only for your domestic or household purposes.

It is difficult to enforce these rules, as it is not easy to find out if the person acts on a request to delete footage. We wouldn’t find it a fair or balanced action to go into a person’s home to find out if they were complying with the law or take other enforcement action.

What will the ICO do if someone doesn’t follow the rules?

You can complain to us when a user of domestic CCTV doesn’t follow the rules. We can send a letter asking them to resolve things, eg put up the appropriate signage or respond to data protection requests. 

There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.

We would always recommend you speak to the user about their use of CCTV if possible.Make a complaint

Can the ICO retrieve CCTV footage from a domestic user?

No. If you ask a domestic CCTV user for copies of footage that captures your image or voice and they refuse, you can complain to us. We can write to the person and ask them to provide you with the footage. That is the extent of the action we can take.

We cannot force a person to remove their cameras. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.

We would always recommend you speak to the user about their use of CCTV if possible.Make a complaint

Can the ICO get CCTV cameras or recording equipment removed?

No. People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so.

If you complain to us about a data protection issue about the use of domestic CCTV, and we believe a person broke the rules – we can write to them. In our letter, we may ask them to consider moving the cameras and to think about the privacy of others.

There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user.