|Forum Home > Can you help? > Council Advice on CCTV|
Following local interest especially on Facebook page, the council's Rebecca Hudson has very helpfully shared her knowledge of the subject. Different rules appy for businesses, thisadvice only covers individuals interested in protecting their residence..
Full details of the legal bits will be on the Facebook page when available
The law is clear that you have a right to set up a camera on your property that monitors "inside your curtilage" ie inside your boundaries.
So if you ask the police at any future Darley Forums, then they will advise you to film only your property. That avoids any chance of falling foul of the law.
If a camera is deliberately set up to take images beyond the camera owner's property, then it could be construed as harassment. If someone makes a complaint and there are grounds then a prosecution under the Public Order Act or Protection from Harassment Act. Privacy is covered by the Human Rights Act - if someone makes a complaint that you are infringing their right to private family life, home and correspondance, then again depending on the grounds, you could face a legal battle/ have to remove camera.
Such prosecutions are not that common and are usually a consequence of neighbours feuding. If you and your neighbours are in agreement, then lawyers and courts should not be an issue. If the camera is not deliberately set up to cover public areas/ neighbours' property, then again, you should not find yourself in court.
As far as Data Protection legislation is concerned, there is an exemption for CCTV covering just your private residence - you do not need to register, have signs or supply images of people visiting your house to them even if they request them.
However, you need to be aware of the Data Protection Act if your CCTV catches images from beyond your boundaries. This would need to be justified under Section 2 of the Act - otherwise at the very least, you would need a CCTV sign, be responsible for the data and provide images when a request is made (conditions apply under the Act)
Points to consider
- make sure camera can not be stolen
- lighting is needed to get clear images at night eg motion detection security lights
- do you want constant cover or a motion detection activated camera?
- you may not know about break in until later and police may not respond immediately so best to have storage of images for up to a month
- you may want to club together with others in area for discount if same supplier fits all your cameras
- you may want to contribute to cost of a neighbour's camera and have it cover both properties