Guidance on how to be smart with your home security
This advice will help you to understand what you need to do if you’re considering installing, or have already installed, a home CCTV system (or similar technology, such as a video equipped doorbell device). A CCTV system includes the camera, storage, recording and all associated equipment.
There are many domestic CCTV systems on the market to help you protect your home. If you’re thinking of using one, you need to make sure you do so in a way that respects other people’s privacy and ensure you let HH know.
If you set up your system so it captures only images within the boundary of your property (including your garden), the data protection laws will not apply to you.
However, if your system captures images of people outside this boundary (e.g neighbours’ homes or gardens, shared spaces, public footpaths or streets), the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) will apply to you, and you’ll need to ensure your use of CCTV complies with these laws.
How can I use CCTV responsibly at my property?
You should consider whether CCTV is the best way to improve your home security. Better locks, security lighting or an alarm system may be more effective and less expensive ways of securing your property.
If you decide to use CCTB, think about what areas need to be covered and whether your cameras need to capture images beyond the boundary of your property. Remember – if your cameras don’t capture images beyond your boundary, the data protection laws won’t apply to you.
What is the law if my CCTV captures images of people outside my own home and garden?
If your CCTV captures images beyond your property boundary, such as your neighbours’ property or public streets and footpaths, your use of the system is subject to data protection laws. You can still capture images, but you’ll need to show you’re doing it in ways that comply with the data protection laws and uphold the rights of the people whose images you’re capturing.
What must I do if I capture images of people outside my own home and garden?
You will need to:
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Let people know you’re using CCTV by putting up signs saying that recording is taking place.
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Ensure you don’t capture more footage than you need to achieve your purpose in using the system.
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Ensure the security of the footage you capture – in other words, holding it securely and making sure nobody can watch it without good reason.
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Only keep the footage for as long as you need it – delete it regularly, and when it’s no longer needed.
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Ensure the CCTV system is only operated in ways you intend and can’t be misused for other reasons. Everyone you share your property with (such as family members who could use the equipment) needs to know the importance of using it properly and lawfully.
You also need to make sure you respect the data protection rights of the people whose images you capture. This includes the following things:
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Responding to subject access requests (SAR’s) if you receive any. Individuals have a right to access the personal data you hold about them, including identifiable images.
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Deleting footage of people if they ask you to do so. You should do this within one month. You can refuse to delete it if you specifically need to keep if for a genuine legal dispute – in which case you need to tell them this and also tell them they can challenge this in court or complain to the Information Commissioner’s Office (ICO)/