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Working together: Ensuring effective regulation

Working together: Ensuring effective regulation. Jonathan Bamford Head of Strategic Liaison. Regulating surveillance cameras: Protection of Freedoms Act 2012. Secretary of State Code of Practice

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Working together: Ensuring effective regulation

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  1. Working together: Ensuring effective regulation Jonathan Bamford Head of Strategic Liaison

  2. Regulating surveillance cameras: Protection of Freedoms Act 2012 • Secretary of State Code of Practice • Applies only to ‘relevant authorities’ in England and Wales who must have regard to its provisions • These can be extended by order • Compliance taken into account in legal proceedings but not directly enforceable • ICO must be consulted on the code • Establishes Surveillance Camera Commissioner

  3. Regulating surveillance cameras: Data Protection Act 1998 • Applies to processing of personal data which includes images of individuals and information related to them • Applies across the UK and to all sectors • Incudes legally enforceable standards which must be complied with including: • Notification of processing • The eight data protection principles • Criminal offences for misuse • Individual rights including subject access • Individuals can take own action in court and claim for damage and distress • Establishes an independent supervisory body to enforce and promote compliance/ good practice (ICO)

  4. Regulating surveillance cameras: Freedom of Information Act 2000 • Applies to public authorities (excluding Scotland) • Requires access is provided on request to recorded information • Requires proactive publication of information and a publication scheme • Includes provisions for complaints to the ICO about refusals and powers to issue decision notices

  5. Regulating surveillance cameras:The roles of the two Commissioners • Surveillance Camera Commissioner: • Reviews, encourages and monitors compliance • Has no direct enforcement/complaint handling functions • Provides an annual report to SoS • Information Commissioner: • Encourages and can monitor compliance with DPA • Handles complaints ( requests for assessment) • Can take enforcement action/prosecute • Can impose monetary penalties of up £500k • Issues guidance inc. CCTV Code of Practice • Is accountable to Parliament by submitting an annual report and special reports

  6. Regulating surveillance cameras:The two Commissioners working in tandem • The ICO has initiated work with all commissioners regulating surveillance and produced a ‘surveillance roadmap’ • The ICO have conculded a MoU with the Surveillance Camera Commissioner setting out working relationship • The ICO is on the Surveillance Camera Commissioner’s Advisory Council

  7. Two codes of practice: double trouble or twice as nice? • The surveillance camera code was developed with input from the ICO • The draft code was subject to formal consultation with the ICO • The surveillance camera code can cover things not within the scope of the DPA • The ICO has always wanted to ensure compatibility not confusion • Its provisions are consistent with information rights requirements • Following the surveillance camera code helps comply with the DPA, FoIA and HRA

  8. Updating the ICO CCTV Code • This needs updating due to developments in law, technology and practice • It will reflect and dovetail with the relevant surveillance camera code provisions • It will cover developing case law (DPA/FoIA/HRA) • It will reflect developments in technology like: • ANPR • Body worn cameras • Remotely operated vehicles (drones) • Facial recognition

  9. Updating the ICO CCTV Code • It will cover changes in practice like: • growing use of ANPR by private sector • parking and traffic enforcement in public and private sectors • shared services/partnerships • It will include updated illustrative examples • It will keep its practical format, not a legal text book • It will be subject to extensive consultation • It should be published for consultation later this year

  10. Complying with information rights law • DPA: National ANPR Data Centre 6.7 billion deletions undertaken and new retention rules implemented • DPA/HRA: • Use of CCTV with continuous sound recording in taxis ruled unlawful • Enforcement action on extensive use of ANPR around a small town • FOIA-publishing precise location of ANPR cameras used by police is not required • Further DPA cases under consideration: • Extensive use of CCTV by a local authority to enforce parking/traffic restrictions

  11. Keep in touch Subscribe to our e-newsletter atwww.ico.org.uk or find us on… • www.twitter.com/iconews

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