PSB magazine features the topic of CCTV regulation

Brian Larkins of VMS and VeriFi CCTV, discusses why CCTV is in need of regulation and how this could effect real changes to public safety and crime issues.

Deputy Prime Minister Nick Clegg has promised 'proper regulation' of CCTV, putting pressure on local authorities.

CCTV is an emotive subject.

People in areas plagued by anti-social behaviour are quick to call for cameras, but CCTV on its own does not solve the problem: it just shifts it down the road.

Others claim Big Brother is upon us, pointing to an estimate of 4m CCTV cameras in the UK.

To curb the unbridled proliferation of CCTV, the Home Office CCTV Operational Requirement demands that organisations assess and state the purpose(s) for each CCTV system in a policy document.

In practice, CCTV system assessors routinely discover that few CCTV system owners know about this requirement.

Despite the number of cameras, Big Brother has very poor eyesight.

Around 80 per cent of CCTV images are reported by the police as 'not fit for purpose' (Home Office National CCTV Strategy report).

The reasons for this are many.

CCTV systems are complex, plus the technology is changing fast.

Some equipment is old, badly positioned, or there are gaps in the management, operation or maintenance regimes.

Plus, poor presentation of film on courtroom equipment means even good quality CCTV evidence can fail to secure a conviction.

Although this can easily be resolved with a video forensics facility to edit the footage for clear presentation in a court of law.

Such failings expose both public sector organisations and businesses to potential six-figure losses for slip and trip allegations, or failure in employment cases where the defence is reliant on CCTV evidence.

There are also issues around the security of CCTV images.

Recognisable human images are as sensitive as personal information in a database.

That is why these images are subject to the Data Protection Act (DPA).

This means CCTV images must be held as securely as personal databases.

That's particularly important now that most CCTV images are digital, so they are easily altered.

There should be an audit trail that proves the tamper-proof nature of any CCTV footage that may be needed as evidence.

It is now generally accepted that 90 per cent of CCTV systems do not fully comply with the requirements of the DPA (Source: CameraWatch).

Many CCTV systems fail to comply with the DPA for minor reasons, such as adequate signage.

But again, this is an area where there is widespread misunderstanding.

The contact information on the signage allows people caught on camera to request a copy of their images.

Provided that the image has been captured on a CCTV camera operated by a business or organisation, and the request is reasonable, members of the public have a legal right to a copy of the footage.

CCTV system assessors routinely hear of cases where this has been refused, in the mistaken belief that this would contravene the DPA.

In fact, the exact opposite is the case.

The member of the public does not have to state a reason, provided they apply in writing and pay the GBP10 (maximum) fee.

If other people's images are also captured on the footage, these have to be masked out, and again, a video forensics facility should be used to preserve the custody chain in case the footage is needed as evidence.

In our experience, few frontline staff in either public sector or commercial buildings are geared up to administer CCTV image requests with appropriate information or the forms and payment systems.

Despite the above shortcomings, CCTV cameras have had notable successes in deterring crime, saving lives and successful criminal prosecutions.

The problems have been identified by the industry and moves are already underway to improve the situation.

The Information Commissioner's Office (ICO), which applies the Data Protection Act (DPA), has recently been given the power to levy fines for non-compliance: for example, being careless in handling human image data.

The new CCTV regulator's consultations will be given added urgency by Nick Clegg's clear signal that CCTV regulation is a priority.

It is too early to speculate with any degree of confidence as to what form such regulation will take, but substantial groundwork is already in place with the Home Office's CCTV Strategy document and the ICO's new powers to levy substantial fines.

Brian Larkins is a CCTV compliance specialist and joint managing director of VMS (CCTV) and VeriFi CCTV.

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