The British Security Industry Association (BSIA) estimate there are over 6 million CCTV surveillance cameras in operation in the UK, which accounts for approximatly 1 camera per 10 people. If you have a CCTV system installed in your home or business, you should ensure it conforms to current laws regarding signage and informing others that a system is in operation. From GDPR to data protection, there are things to consider when installing a CCTV System and using CCTV Signs, which we go into more detail below.
Do CCTV signs have to be GDPR compliant?
In May 2018, General Data Protection Regulation (GDPR) laws came into effect. This meant that anyone with a CCTV system, no matter how large or small, needs to comply with the new guidelines. With the UK leaving the EU at the start of 2021, existing GDPR become known as "UK GDPR", maintaining exactly the same legal guidelines as before.
Images captured by CCTV are classified as ‘personal data’. So not only do other humans have to be made aware that they are being recorded, but if you are storing the images, you are classed as both ‘controller’ and ‘processor’ of the data, which is governed by GDPR law. This means someone has to be responsible for the images and have clear procedures in place relating to system access and information disclosure. Individuals also have the right to request details about any personal information you store, so you should have processes in place to respond to these type of enquiries. Whether you are a CCTV operator or data controller, you must register for a CCTV licence, or with the Information Commissioner's Office (ICO) as a CCTV operator or controller. You may also be required to pay a data protection fee to the ICO, although this only applies to businesses and not domestic properties. Be sure to use the Data Compliant CCTV In Operation for purpose of Sign.
What CCTV signs do you need to display?
The CCTV signs you need to display depend where they are installed, as there are different requirements for domestic and business properties:
Domestic properties
CCTV systems that do not show anything beyond the property boundary do not need to comply with GDPR. This also means CCTV signage requirements are not as strict, although signs should ideally still be displayed to inform people their image could be captured on camera. If the CCTV system looks beyond the property boundary then you must ensure signage is in place, however, because the CCTV is installed on private property, the signage does not have to state who is operating the system. An ideal solution if asthetics are important is something like the smaller sized CCTV Stickers. This is only applicable to individual houses and not flats and apartments. CCTV installed in communal areas (which can usually only occur with the agreement of the freeholders/management company) must have signage that mentions the individual or company responsible for installing the system, this is because it no longer remains classified as domestic, but instead as business CCTV.
Business properties
If you installing a CCTV within your business, you should make sure it adheres to the following:
- Business CCTV signs should be easy to see and readable. It should also show the organisation responsible for operating the system, why it is in use and a way for people to get in contact.
- The size of the sign should be in relation to how it will be seen by others. For example, if it is being displayed in a retail store, then the sign doesn’t have to be large. Alternatively, signs that need to be seen by drivers should be much bigger. A good rule of thumb to follow is to use A4 size (210 x 297 mm) internally and A3 (297 x 420 mm) externally.
- Staff should be aware of how to deal with any enquiries made by the public about the CCTV. You should have a member of staff designated to responding to enquiries so they can be handled efficiently.
- If CCTV cameras capture images of people walking beyond the boundary of your property, even if the camera is positioned to mostly monitor within the boundary, you will have to install external signage so everyone is aware of the system.
- The installation of CCTV signage alone may be enough to deter criminal activity. This depends on the location, of course, or you could consider installing a movement-activated lighting system that serves a similar function.
- Consider the type of material that would be best suited for the sign. For example, if is being installed outdoors a rigid plastic or aluminium sign may be the most appropriate to handle the wear and tear of ongoing exposure to the elements.
Before you install a CCTV system, it is a good idea to speak with your neighbours so you can explain what you propose to do. Remain open to any concerns or objections they may have and you could also consider inviting them to view any footage that is captured. This will help to alleviate concerns about how the CCTV system is used and potentially reduce the chances of any disputes or complaints being raised.
How to deal with data requests
Individuals whose image has been captured and stored by your CCTV system have the right to ask to view the footage and ask for it to be deleted. This is known as a Subject Access Request and the person or company in possession of the recordings has one month to respond. If you receive a deletion request this should be actioned unless it is unpractical to do so, or if you need to retain the footage for a legitimate reason. When it comes to the storage of recorded footage, it should only be stored for ‘as long as needed’. The ICO do not set out any specific period of time for storage, so it is up to the individual or business to have a policy in place that covers this.
CCTV signage sizes
As mentioned above, when installing a CCTV sign, you should also consider its size to ensure it is appropriate for the surrounding environment. This means that the sign is big enough so it can be seen by the people it is intended to. Here are a few examples of appropriate sizes based on viewing distance.
- Landscape 300 x 100mm or portrait 200 x 300mm: Viewing distance up to 10 metres
- Landscape 450 x 150mm or portrait 300 x 300mm: Viewing distance up to 15 metres
- Landscape 600 x 200mm or portrait 400 x 600mm: Viewing distance up to 20 metres
What are the CCTV laws relating to private spaces?
The law states that you cannot record another person’s private property without first gaining their permission. If your cameras capture someone else’s private property, you should ensure these areas are masked off and not recorded. A security camera is not allowed to capture footage that intrudes on private conversations and interactions, such as: • Bathrooms • Shower areas • Locker rooms • Bedrooms • Hotel rooms • Fitting/changing rooms • Conference rooms • Gardens/doors/windows of neighbouring properties Before installing a CCTV system, you should carry out a privacy impact assessment to ensure the privacy of your neighbours, employees, guests and members of the public is not impacted upon.
What happens if incorrect signage is displayed?
Before installing and setting up your CCTV you should be clear about your legal obligations. If you do not comply with the law you may be subject to enforcement action by the ICO, which could lead to a fine. Individuals affected by the situation also have the option to take matters into the courts to seek compensation. As long as you take all reasonable steps to comply with data protection requirements, you are unlikely to fall foul of the ICO, which would make it less likely that they would take any substantive action against you. It's possible to easily create customised CCTV Signs online which contain your own wording and CCTV or security symbols.
Conclusion
Installing a CCTV system in your home or business improves the security of your property and the safety of the people living or working there. At the same time, you have to check that public and private property rights are respected and that you adhere to the strict legal guidelines governed by the ICO. There may even be some instances were signage alone will be enough to deter potential thieves and criminal damage, which gives you a bit more leeway on the type of information you display. Whatever you have in mind to bolster security, be sure to read up about CCTV signage and how it could potentially impact your home or business.
