The Surveillance Camera Code of Practice
The Surveillance Camera Code of Practice, created under the Protection of Freedoms Act 2012, has been a key part of the UK’s approach to video surveillance. But since it was first introduced, the legal landscape has really moved on, and so have the technologies.
So, let’s take a fresh look at some of the most common questions.
Who does this affect?
The Code officially applies to “relevant authorities” in England and Wales. This means public bodies like the police and local councils are still the ones who must “have regard” for it. However, the world of CCTV has gotten bigger than just public spaces. Data protection laws, like the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, now apply to almost anyone using a camera system that records identifiable individuals. This includes private companies, businesses, and even homeowners whose cameras capture images beyond their own property. So, while the Code may not directly apply to you, the underlying principles are highly relevant and a great guide for staying on the right side of the law.
For what reason has the Code been brought in?
At its heart, the Code was created to address concerns over the potential for misusing surveillance in public spaces. It aims to create a culture of “surveillance by consent,” where the public is informed and confident that any cameras are used for a legitimate, pressing need. Think of it as a set of ethical guidelines for using this powerful technology.
Who is the Biometrics and Surveillance Camera Commissioner?
This is where things have changed a bit! The role of the Surveillance Camera Commissioner was combined with the Biometrics Commissioner in 2022 to form a new, single post. This new role oversees both surveillance cameras and the use of biometrics, like facial recognition. It makes a lot of sense, as these technologies often go hand-in-hand. The current commissioner is Francesca Whitelaw KC, who was appointed on an interim basis in 2025.
Who will enforce the Code?
The commissioner’s role is not about direct enforcement; it’s more about promoting good practice and providing guidance. The real legal muscle comes from the Information Commissioner’s Office (ICO). Since CCTV footage of people is considered personal data, any misuse is a data protection issue. The ICO has the power to investigate, issue warnings, and hand out some pretty serious fines for breaches of the UK GDPR and Data Protection Act 2018.
What punishment could a person or organisation face for breaches?
While a failure to follow the Code itself doesn’t have direct criminal consequences, a failure to follow the data protection principles it champions can certainly lead to a lot of legal trouble. The ICO can fine organizations that misuse data, and those fines can be substantial. Beyond that, the public and media can also hold organizations to account, which can do a lot of reputational damage.
Should I be aware of other video surveillance laws?
Yes, you definitely should! The legal framework for surveillance is a bit like a layer cake, with several different acts and regulations.
- The Human Rights Act 1998 ensures public bodies respect a person’s right to a private life.
- The UK GDPR and the Data Protection Act 2018 are the big ones. They are the legal foundations for how all personal data—including CCTV footage—must be handled.
- The Regulation of Investigatory Powers Act 2000 (RIPA) deals specifically with covert surveillance, ensuring it is only done with proper legal authority.
What are the chances of the code being broadened to include private companies?
The government’s position hasn’t officially changed on this. But in a way, it’s already happened. Because of the UK GDPR and the Data Protection Act 2018, private companies are legally obligated to follow data protection principles that are very much aligned with the Code’s own best practices. In essence, the spirit of the Code is already alive and well in the private sector through data protection law.
How do I contact the commissioner?
For questions related to the Code, you can reach out to the Office of the Biometrics and Surveillance Camera Commissioner. Their email is: enquiries@obscc.org.uk.
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