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To See or Not to CCTV?
The United Kingdom is, per capita, the most watched nation on the planet, with the average citizen captured an estimated 300 times a day. There are 2.5 million CCTV cameras, equating to 10% of the world total, on everything from cash machines to buses, and an increasing number of these cameras are appearing in hotels and restaurants.
Richard Findlay explains the legal implications of operating a CCTV system in your hospitality business…
If you currently have or are considering installing a system, it is important to establish if it is covered by the Data Protection Act 1998. In reality only a few very basic systems will not be covered (the criteria are available at www.ico.gov.uk), and it is important that all other systems comply with the Code of Practice, which is written in accordance with the eight principles of the Data Protection Act. The Code of Practice is issued by the government for the usage of CCTV systems, and although it is prudent to seek the advice of a specialist lawyer on an individual basis, there are several general rules to adhere to in order to avoid infringing an individual's rights. It is no longer appropriate to undertake a DIY installation and leave the rest to chance.
An assessment needs to be made on the necessity of a CCTV system and the purpose it will serve. There is also a requirement for adequate provision of signage appropriate to the system, clearly stating who is responsible, why it is in place and whom to contact (in a restaurant or hotel this may only need to be a clearly visible A4 sign displaying the manager's name and number). Furthermore the CCTV systems must be accurate and properly maintained in order that data is not "excessive" or kept for longer than is required. Perhaps most importantly, data should not be visible or made available for any individual other than the designated data controller.
So, why use CCTV? The costs associated with installing and maintaining such a system can spiral into many thousands of pounds and there is frequent debate concerning the effectiveness of CCTV in crime prevention and detection. However, according to the 2004 report from the Information Commissioner's Office, Public Attitudes to the Deployment of Surveillance Techniques in Public Places, people are said to feel "safer" where CCTV is installed, and "express unquestioning faith in its crime prevention effectiveness." Indeed, there have been several recent high-profile cases involving footage recorded in hotels and restaurants which formed part of the evidence for successful convictions.
The ubiquitous CCTV camera might not be cheap or without its own set of associated issues but its true value may be found in the way it makes people feel secure in the prevention of crime - perceived or real. But never ignore the law. Not only is it inappropriate to replay the images of the hilarious cake incident at that birthday tea, it is also illegal. If an individual's rights are found to be infringed by a CCTV system, the price of a scone could be far higher than imagined.
For advice and assistance on any of the above, contact Richard Findlay at Tods Murray LLP on 0131 656 2276 e: richard.findlay@todsmurray.com
Richard Findlay
Partner & Head of Hospitality & Leisure Team
Tods Murray LLP
This article has been edited from its original version. For the complete feature please see Catering in Scotland magazine September/October 2006.
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