Protection of Freedoms Act 2012 Explanatory Notes

Chapter 1: Regulation of CCTV and other surveillance camera technology

28.The Programme for Government (section 3: civil liberties) states that the Government “will further regulate CCTV”.

29.CCTV systems (including ANPR systems) are not currently subject to any bespoke regulatory arrangements. However, the processing of personal data captured by CCTV systems (including images identifying individuals) is governed by the DPA and the Information Commissioner’s Office (“ICO”) has issued guidance to CCTV operators on compliance with their legal obligations under the DPA(5). In addition, the covert use of CCTV systems is subject to the provisions of the Regulation of Investigatory Powers Act (“RIPA”) and the Code of Practice on ‘Covert Surveillance and Property Interference’ issued under section 71 of that Act (see in particular paragraphs 2.27 to 2.28)(6). On 15 December 2009, the previous Government announced the appointment of an interim CCTV Regulator (Hansard, House of Commons, columns 113WS-114WS).

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