Human Rights and CCTV

The use of CCTV in the UK, and its impact on human rights and civil liberties, regularly hits the headlines. Concerns are raised both about the number of CCTV cameras in the UK and the lack of regulation regarding their use. The UK’s coalition government have said that they intend to introduce a programme of government which sees greater protection for, and a restoration of, civil liberties in the UK. Amongst the areas they have said that they intend to address is an increase in the regulation of CCTV use.

UK – CCTV Nation?

Research conducted in 2002 suggested that there were 4.2 million CCTV cameras in the UK – equating to one CCTV camera for every 14 people. So startling was this statistic that it has been seized upon by critics of CCTV ever since. However, this figure was based on an extrapolation from a survey conducted in one area of London and now seems likely to be unreliable.

Comprehensive records of the number of CCTV cameras in the UK are not kept but a 2009 report suggested that the true figure for CCTV cameras in the UK is about 3.2 million. Whilst this represents a significant drop from the earlier estimate it is widely accepted as proof that the UK has more CCTV cameras than any other country in the world.

Who is Using CCTV?

The principal use of CCTV cameras may be by the police and other public authorities to combat crime and antisocial behaviour. However, private businesses – and even individuals – are increasingly turning to CCTV as a means of monitoring and protecting their property. Advances in CCTV technology have resulted in cameras that may have face recognition capabilities, allowing individuals to be picked out of a crowd from a database, or which can monitor for particular types of, suspicious, behaviour.

Are CCTV Cameras a Deterrent?

Despite the advances in technology some remain sceptical about the efficacy of CCTV in reducing the level of crime. If cameras are everywhere people may become inured to them and they may lose their deterrent effect. In addition, the cameras must be constantly maintained in order for useful data to be produced by them. Firm evidence that the use of CCTV cameras in the UK has had a positive impact on crime figures has not been forthcoming.

Human Rights and the Use of CCTV

Article 8 of the European Convention on Human Rights concerns the right to family and private life. This includes the right to respect for an individual’s home and correspondence. The right contained in Article 8 is known as a qualified right which means that there may be circumstances in which some interference with it is justifiable. This right means that an individual has the right to the level of personal privacy which is compatible with a democratic society, taking into account the equivalent rights and freedoms of others. Any interference with this right by a public authority may be subject to a test of acceptability.

The state and public authorities are permitted to interfere with an individual’s Article 8 right to privacy if the interference has an obvious legal justification. Amongst other reasons, this could be because the interference is necessary to protect national security or for the prevention of crime. In addition to having a clear legal justification, the amount of interference with the right must be proportionate to the end result achieved and only go as far as is required to achieve that result.

Public authorities, including the police and local councils, must balance the benefits of using CCTV against an individual’s right to privacy.

CCTV and Data Protection

The problem for an individual’s personal privacy is that if a camera is installed by a private company or an individual to monitor their own property there is little legal protection for any individual being observed by it. Nonetheless, there may be issues regarding the use and storage of any images captured by the CCTV camera.

The Data Protection Act 1998 governs the use of CCTV equipment and any data produced or stored by it. The Act is likely to apply if a CCTV camera is set up, in public place, to capture everything that passes in front of it. The owner of the CCTV equipment will have to comply with any relevant provisions of the Act. However, a householder who sets up a CCTV camera for purely “domestic purposes” may not have to comply with the Data Protection Act. The only recourse for an individual who feels they are being unreasonably targeted by such a CCTV camera – for example one belonging to an unfriendly neighbour - could be to make a complaint to the police about harassment.