Can Householders use CCTV to Film their Homes?

CCTV cameras are mainly for the purpose of security of the people and to prevent any unwanted incidents from happening. However, there are some householders who like to film their homes through CCTV cameras. But, there is a a Data Protection Act 1998, that prevents from doing this. CCTV camera in Pune will only be subject to the DPA if the footage captured “associates to living individuals who can be recognized” from it. Thus, fixed cameras in city centres, which simply capture crowds of unrecognizable individuals in a specific area, would not be subject to the DPA. However, cameras having remote zoom functions, also those used by businesses or individuals for private security purposes could be subject to the PDA.

The DPA possesses an exemption for domestic use, however, so a householder having a camera on their property for their own personal use would not be covered by the DPA even if the camera overlooks the street or other public areas near their home. This exemption also applies to recreational use, for instance for using a camcorder or a mobile phone. Provided the DPA does get applied, then the CCTV operator would need to do several things.

• Firstly, he would need to register as a data controller with the Information Commissioner's office
• Put up signs apprising people that CCTV is in use and who operates it
• Provide any person who requests the copies of footage for them
• Make sure that any footage stored is kept for no longer than required for the purposes for which it's obtained
• Make sure that the footage is not disclosed to anyone else without the permission of the people shown in it unless it's for a reason permitted under the DPA, such as the prevention or detection of crime

In addition to the obligations under the DPA, the Human Rights Act requires any public authority using CCTV cameras to do so compatibly. Although, filming of individuals in a public place would not generally be considered to intrude their privacy, the courts have stated that it could do in certain circumstances.