When we acquired the freehold I contacted the Information Commissioners Office (ICO) on behalf of the company Directors to establish exactly they were required to do under Data Protection legislation. They provided the following advice:
1: It is essential that there is a clear basis for the handling of any personal information and the handling of images relating to individuals is no different. It is important to show who has responsibility for the control of the images, i.e. what is to be recorded, how the images should be used and to whom they may be disclosed.
2: It is the Data Controller which is the organisation responsible for a) making decisions about the processing of the images and b) ensuring compliance with DPA legislation. So it is the RMC Company Directors in their capacity as Data Controllers who will allow other organisations, such as the company installing the CCTV or the managing agent, to process the images on their behalf. They would then be under contract as data processors. In this the freehold RMC Directors would remain data controllers and be responsible under the DPA for any processing of the images.
3: They also advised particular attention be paid to the fact that people must be aware that they are in area where CCTV surveillance is being carried out. The most effective way of doing this is by using prominently placed signs at the entrance to the CCTV zone and reinforcing this with further signs inside the area. Such signage is particularly important where the cameras themselves are very discreet, or in locations where people might not expect to be under surveillance. In the exceptional circumstance that audio recording is being used, this should be stated explicitly and prominently.
- Be clearly visible and readable;
- Contain details of the organisation operating the system;
- The purpose for using CCTV;
- Who to contact about the scheme (where these things are not obvious to those being monitored, i.e. the name and contact details of the organisation responsible); and
- Be an appropriate size depending on context, for example, whether they are viewed by pedestrians or car drivers.