Security should be important to all of us, but it’s easily overlooked - people often react and bolster their security levels when their privacy has already been breached one way or another, rather than having some form of security in place to begin with. This can be especially true when it comes to protecting the family home.

Many homeowners choose to install CCTV cameras to not only capture breaches of security, such as a home burglary, but to deter it from happening in the first place.

CCTV systems are a proven deterrent of burglaries and other crimes and are a sensible form of security that you as a  homeowner can use to protect your property and family - provided you’re aware of the law surrounding domestic CCTV use.

What are the UK laws surrounding domestic CCTV use?

The UK government website states that if a CCTV system captures images of people outside the boundary of a private domestic property (such as neighbours homes or gardens, shared spaces, public areas etc.) then GDPR and the DPA applies to those responsible for the CCTV system. Failing to comply with these obligations could leave the owners of the CCTV system subject to regulatory action by the Information Commissioner's Office (ICO), as well as potentially facing legal action by anyone who was affected.

The motivation for installing domestic CCTV cameras is to increase the current level of security on your own home, but it’s important you’re fully aware of exactly what footage is being recorded and why you need to capture it.

If your CCTV does capture images of people outside your own private property then you’re not necessarily breaking the law, but it does make you what is known as a data controller. Being a data controller means you must comply with your legal obligations and uphold the rights of those people whose images are being captured under the aforementioned GDPR and DPA, so as a data controller you need to make sure you are clued up on the latest data protection laws.

What must I do if my CCTV is capturing people outside my own home?

According to the ICO, if your CCTV captures images of people beyond your private property, then you should have a ‘clear and justifiable reason for doing so’. They advise that you consider why you need these images and why you believe capturing these images is more important than invading the privacy of neighbours and the passing general public.

Actions the ICO advise if you do happen to be capturing images of people outside the boundaries of your own private home include:

• Making people aware of your CCTV surveillance by placing visible signs that explain why you are recording.
• Ensuring you do not capture more footage than required to achieve your purpose for using the system.
• Ensuring the footage is securely stored and not easily accessed by anyone else without good reason.
• Keeping the footage no longer than required and regularly deleting what has been captured when it’s no longer needed.
• Only use the CCTV system in ways you intend and ensure everyone who lives at the property are aware of the importance of not misusing it.

Following and respecting the data protection rights mean that owners of domestic CCTV systems must also be prepared to respond to any received subject access requests, delete footage of people if they request you to do so within one month - unless the footage is specifically required for a genuine legal dispute, in which case they can challenge this in court or complain to the ICO - and consider any objection that people may make about you capturing their image in the future to ensure you are doing so with good reason.

What are the repercussions if I break the law with my CCTV system?

Failing to comply with data protection law obligations while operating a domestic CCTV system could lead to you facing enforcement action by the ICO which could result in a fine. Any individuals who were affected may also bring legal action against you and pursue court claims for compensation.

Here at Fonseca Law, our team of solicitors offer a wide range of legal services. To learn more about how we can help with your particular case or situation, don’t hesitate to reach out by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our simple online contact form.