CCTV - Where do i stand legally?

Dipak

Hi All,

I have CCTV installed in the front and rear of my house and yesterday it captured anti social behaviour.

I have clear signs visible saying CCTV is in operation. I wanted to ask if anyone knows where i stand with posting this footage on social media? I would like to identify this person and pretty sure they live locally so locals will know them.

Am i allowed to post this online or do i just take it to the police and let them deal with it?

Thanks in advance!!

Dipak

shaun_from_Africa

If the CCTV covers any area outside of your own property then you are acting illegally if you have not registered with the Information commissioners office (ICO).

Even if you are registered, making the recordings public could land you in trouble (unlikely to happen but still possible) so I would just pass them on to the police and let them deal with (or ignore) them.

NutWorld

Dipak wrote: »

Hi All,

I have CCTV installed in the front and rear of my house and yesterday it captured anti social behaviour.

I have clear signs visible saying CCTV is in operation. I wanted to ask if anyone knows where i stand with posting this footage on social media? I would like to identify this person and pretty sure they live locally so locals will know them.

Am i allowed to post this online or do i just take it to the police and let them deal with it?

Thanks in advance!!

Dipak

It depends on what you are hoping to achieve.

As mentioned above, publically publishing/broadcasting what you describe as 'Closed Circuit TeleVision' footage could land you in trouble.

Why do you want to identify the individual? What is someone tells you it is Johnny Smith? What are you planning to do with that information?

Or are you possibly hoping to incite others into some kind of vigitante response? :cool:

If you wish to report anti-social behaviour, you can do so to the police. Many forces now offer the possibility of doing so online, and allow you to upload any evidence you have. Or you can just hand it over to them.
If you publically reveal the evidence you have, it could adversely affect any action the police can subsequently take. (and they may come asking you about your intent when you did so, similar to the questions I posed above)

reason2

its not "Illegal" as others have said.

you just have to comply as follows

If you are capturing images beyond your property boundary, you should have a clear and justifiable reason for doing so. In particular, you will need to think why you need these images. If asked by an individual or the ICO, you will need to be able to explain your reasons, so you should write them down now. You should also write down why you think capturing the images is more important than invading the privacy of your neighbours and passers-by.

You will also need to:

Let people know you are using CCTV by putting up signs saying that recording is taking place, and why.
Ensure you don’t capture more footage than you need to achieve your purpose in using the system.
Ensure the security of the footage you capture – in other words, holding it securely and making sure nobody can watch it without good reason.
Only keep the footage for as long as you need it – delete it regularly, and when it is no longer needed.
Ensure the CCTV system is only operated in ways you intend and can’t be misused for other reasons. Anyone you share your property with, such as family members who could use the equipment, needs to know the importance of not misusing it.

m0bov

Its domestic, no need to involve ICO, feel free to post online, millions of others do.

shaun_from_Africa

m0bov wrote: »

Its domestic, no need to involve ICO, feel free to post online, millions of others do.

Millions of people speed whilst driving but this doesn't mean that it is legal.

When capturing CCTV images from outside of your property on a domestic CCTV system, you are still regarded as a data controller and as such you should follow the legal requirements for this.
One of these requirements is that you are required to respect the privacy rights of anyone recorded. (unless you are releasing the images for purposes of a legal investigation).

I realise that anything done by the OP is extremely unlikely to cause them any problems but as this is a consumer rights forum, I think it's only fair to advise them of their legal obligations as well as their rights.

hollydays

The police don't like vigilante action. It would be unwise to broadcast them.

Kentish_Dave

If it were me I’d post it up, and would not worry at all about the police getting involved.

davidmcn

On whose property is the antisocial behaviour?

miniemma

This is a topic I am also interested in. I would like to know how/why this type of recording differs from using a mobile phone to video the public or using a dash cam in your car to record your journey. Is it just that there is legislation/guidance for cctv because it has been around a long time and nothing is in place for phones and dash cams yet?

wagtamm

miniemma wrote: »

This is a topic I am also interested in. I would like to know how/why this type of recording differs from using a mobile phone to video the public or using a dash cam in your car to record your journey. Is it just that there is legislation/guidance for cctv because it has been around a long time and nothing is in place for phones and dash cams yet?

It differs, because, by definition, a mobile camera is not fixed

The phrase ‘domestic CCTV system’ refers to the use of any video surveillance equipment mounted or fixed on your home. It can include cameras fitted to doorbells.

Using a mobile camera, whether for purposes of capturing moving images or an old fashioned Kodak Brownie camera taking still images, the rules are the same.

You are free to take such images of anyone or anything in any public place, as long as it is not for criminal purposes.
If you plan to publish them, that could indeed land you in trouble if you are not careful.