The Information Commissioner’s Office (ICO) has invited industry responses to its proposed updated CCTV Code of Practice.
The code, first released in 2000 and last updated in 2008, is being updated in recognition of technological, regulatory and policy developments in recent years, together with recognition of changes in public sensitivity to privacy issues created by the use of new technologies.
“Intelligent” CCTV systems, Automatic Number Plate Recognition (ANPR) systems, Body-worn video cameras and drones are some of the technologies that will be recognised in the proposed new code, together with emphasis on the need to consider existing privacy principles when considering the use of such technologies. This includes, for example, the purpose of the proposed new systems; retention and disclosure of the recorded data; the need to consider the use of Privacy by Design principles and Privacy Impact Assessments (PIAs), and the provision of appropriate notice to individuals on the use of such technologies.
In the case of drones, the draft code gives the example of a business using such technology to monitor inaccessible areas of a building—such as a roof—in order to check for damage. In such instances, the drone’s use should be limited to that specific function and recording should not occur when flying over other areas that may capture images of individuals.
The code recommends that businesses should be considering the use of a PIA to justify the use of the drone rather than a less privacy-intrusive method; identifying a method of providing notice and fair processing information to individuals on the use of the drone; whether recording is continuous or triggered by something—and if recording is continuous, whether it is proportionate and justifiable; whether recording can be restricted to the focus of the drone’s attention rather than recording a wider field of vision, and whether appropriate security, data retention and deletion schedules have been put in place.
The consultation opened on 20 May and closes on 1 July.