CCTV is ubiquitous; the average person can expect to be captured on camera around 70 times per day (British Security Industry Association (BSIA), 2019). Depending on which side of the fence you sit, we are either inherently conscious and accepting of CCTV surveillance, or ‘sleepwalking into a surveillance society’ (Richard Thomas, 2004, then Information Commissioner). 

Thomas’ comments were originally made in 2004, and there has been no major cultural movement against CCTV surveillance. If we were sleepwalking into a surveillance society then, we have well and truly arrived there now. The numbers seem to back this up: research by the BSIA suggests that only 1 in 70 CCTV systems are government-owned, the rest belonging to private companies or households.  The UK is thought to be one of the most heavily monitored countries in terms of CCTV, with approximately 5 million systems nationwide, equating to 7.5 systems per 100 people (according to Earthweb). 

Although these figures can seem alarming, CCTV systems are of course designed to enhance the safety and security of people and property. Footage captured by both commercial and domestic CCTV systems can be used as evidence in criminal cases, ranging from antisocial behaviour, burglary, and violent crimes; the most high-profile of these recently has been the murder of Sarah Everard.  Footage can also be used in missing persons cases.

Given the surveillance society we live in, and the availability of relatively simple, affordable systems, it is unsurprising that more and more homeowners are opting to install home CCTV. Many factors could prompt the installation, for example if you live in an area where crime is high, your property has suffered from vandalism or break-ins in the past, or you are frequently away from home for long periods.

So what are home CCTV systems? What are your rights and responsibilities with regards to domestic CCTV? 

What is domestic CCTV? What does it look like in the home?

Close Circuit Television (CCTV) is a system of cameras and monitors. The number of each will depend on the complexity of the system; this can range from simple video doorbells to complex, multi-camera operations. The cameras transmit video (and sometimes audio) images to one or more monitors. Some systems allow for remote access to the footage being captured, for example from a phone or tablet.

The cameras are often placed high-up on a property, allowing a good view of the area below and making them difficult to reach and tamper with. Some cameras can be moved by remote control, but most are in a fixed position. Most CCTV systems record the footage that is captured; some will be set to record continuously, others will be set up to only record if a specific trigger is captured (for example, movement or a sudden noise) or during specific days/times (nighttime, for example, or when a property is unoccupied). The settings will depend on the configuration of the system and user. 

The cost of home CCTV systems varies wildly depending on the complexity of the system, whether it is professionally installed and maintained etc. Wired systems are more likely to require professional installation, but some wireless systems can be installed on a DIY basis with relative ease.

Will home CCTV affect my home insurance?

Co-op Insurance found home CCTV was one of the top 10 deterrents to burglars (along with barking dogs and security lights, amongst others). You would be forgiven for thinking that having a CCTV system installed would lower your home insurance premium. However, this is not always the case. Your insurance costs are affected by a whole host of factors, and domestic CCTV systems don’t always reduce the premium. You should discuss any impact home CCTV may have with your insurance provider.

Who regulates domestic CCTV?

If you have home CCTV installed, you are legally obliged to position the cameras in such a way as to avoid capturing areas outside of your property boundary. Where this is unavoidable, you must comply with the Data Protection Act (DPA, 2018); see below 'Legislation'. The DPA implements GDPR (General data Protection Regulation). The Information Commissioner’s Office (ICO) enforces the DPA. 

Perception

There seems to be three prevailing schools of thought with regards to domestic CCTV. Some will argue that the ever-increasing level of surveillance is disproportionate and serves mainly to intrude on others’ privacy. Another camp is characterised by ambivalence: why would it bother me if I’m captured on someone’s video doorbell, going about by day? Businesses and the government routinely capture us on camera, and it is more or less expected nowadays. Lastly, there are those who feel safer with the rise of home CCTV. Personally, I admit that I like my neighbour’s extensive CCTV around his property. Whether or not this captures any of the comings and goings on our little lane, I don’t know, but I like to think that it might be of benefit to us all if anything should happen.

Potential Impact

Whether you are a domestic CCTV operator or a concerned neighbour, the first thing to consider is why the CCTV is there in the first place, and ideally have a conversation with the other party.  Perhaps you share a security concern and the reasoning behind the system actually sets you both on common ground. Or perhaps the system only captures images from a very specific area, well within the owners’ property boundary, or for intervals of time that wouldn’t affect you. It stands to reason that most domestic CCTV systems will be used for legitimate purposes, and most homeowners with CCTV use their systems responsibly and in full compliance with the legislation. 

If you plan to install CCTV on your property, ideally speak to your neighbours or any other concerned party beforehand. That way, you can explain your reasoning and allay any fears about intrusion before a dispute arises. Try to appreciate why they are concerned and address these concerns directly. You can minimise any intrusion by making sure you only record what you need to (e.g., you may not need to record continuously, or capturing only video rather than audio data). Many systems can include ‘privacy filters’ that will block out any footage captured beyond your property boundary. Show them what footage is being/is planned to be captured, when, and what you will do with it.

Despite all reassurances to the contrary, there is nothing to stop your neighbour saying one thing and doing another. They may have positioned their cameras away from your property, for example, and have shown you the innocuous footage it captures. Later down the line, there is really nothing to stop them moving the camera imperceptibly and without your knowledge of any change. Similarly, they can show you that they regularly delete footage or use privacy filters, but in reality there is no way to ensure this is actually the case and you can’t continuously monitor it. Neighbourly trust, and assuming best intent, may therefore play a large part. 

Legislation

The government has produced guidance for domestic CCTV owners complying with the DPA (2018). For home CCTV, this can entail:

• Ensuring the system is installed correctly. There are many home CCTV specialists who can install and help maintain the system.  
• Knowing what footage is being collected and what areas are under CCTV surveillance.
• Informing people that CCTV is in use by displaying appropriate signage.
• Being able to fully operate the system, including how to process recorded footage (storage, deletion etc.).
• Ensuring the recordings are not used for any other purpose, and not shared inappropriately (on social media etc.)
• Securely storing footage and controlling access to it; PIN or password protected storage could be advisable.
• Ensuring the footage is date/time stamped correctly, so that the information collected is accurate.
• Routinely deleting recorded footage; do not keep it for longer than is necessary.
• Periodically checking camera positions and that cameras are in good working order.
• Checking continued compliance with DPA and GDPR

You must also regularly review whether CCTV is still required. Has a specific threat passed which negates the need for CCTV? Maybe antisocial neighbours have moved, or street lighting/other safety measures in the area have improved.

You must also allow others to exercise their Data Protection rights. This can include: 

• Providing footage to an individual whose image has been captured, if they request it.
• Deleting recorded footage if a person whose image has been captured requests it.
• Stop recording a person (if possible) if they object. For example, if you can reposition a camera so as not to record that person but still monitor your property, you should do this if requested.

Guidance

The Biometrics and Surveillance Camera Commissioner has a Code of Practice aimed at CCTV operators covering public spaces and businesses (Local Authorities, commercial premises etc.).  Although it isn’t aimed at domestic CCTV operators, they are encouraged to adopt the Code’s principles of their own volition.  

Similarly, the ICO has produced a checklist for small businesses or organisations installing CCTV. Although not aimed at domestic operators, many of the points are important for domestic CCTV users to consider and go some way to ensuring you are compliant with the DPA (2018). E.g., what would you do if someone requested footage? How are you going to store and routinely delete recordings?

Disputes

So far as good neighbourly relations exist, so good. However, what if you aren’t on good terms with your neighbours and a dispute over CCTV arises? If you feel you or your family are being recorded inappropriately or as part of a campaign of harassment, you should contact the police. 

If your concern is related to non-compliance with the DPA, the ICO advise that you speak informally with the neighbour as a starting point. If this fails to resolve the issue, the ICO suggest the next steps would include mediation, talking to the police, and taking legal action. 

You can also submit a complaint to the ICO, although the ICO itself notes the difficulties involved in enforcing the DPA with regards to domestic CCTV. They can write to the domestic CCTV operator asking them to comply with the Data Protection Act (e.g., move cameras if possible, delete footage if requested, stop recording in an area...) but they can do little to ensure this is acted upon. The ICO cannot force anyone to remove their CCTV system, reposition cameras, delete footage, seize recordings or the hardware that makes up the system.

Conclusion

Just as CCTV is commonly used to protect public and commercial spaces from crime, vandalism and antisocial behaviour, it can also be used to protect the home from these same threats. Cameras can be positioned to cover specific areas, such as outbuildings, doors, first-floor windows or other vulnerable areas. If you are having CCTV installed in your home, you must be aware of your responsibilities and the relevant legislation. This is especially important if your CCTV system will cover areas outside of your property boundary. If your neighbour uses CCTV in their home and you think it intrudes on your or your family’s privacy, you can exercise your data protection rights.  Many companies specialise in installing domestic CCTV and ensure the installation is compliant with the legislation.

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