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ICO Reports: Domestic use of CCTV – EU ruling

Domestic CCTV

Summary

  • Dec 14 EU Court of Justice ruling on Domestic use of CCTV
  • CCTV that films both their own driveway and the street outside their house not covered by the domestic exemption for images recorded of people outside their property.

Original Author: ICO e-Newsletter January 2015
Original Link: http://ico.msgfocus.com/q/1AFB31cD3v/wv

Content

In December, the Court of Justice of the EU made a notable rulingin a case the ICO has been following closely, on how data protection law applies to individuals using surveillance cameras to protect their property.

The judgment ruled that a household’s usage of a CCTV camera that filmed both their own driveway and the street outside their house was not covered by the domestic exemption for images recorded of people outside their property.

Clearly this is a significant judgment. We’ve previously considered the domestic exemption to be quite broad, but the judgment suggests a more narrow interpretation, which could have an effect beyond surveillance cameras.

There’s work for us to do now. We are talking to the Ministry of Justice about the effects on our UK law. We’ll be studying the judgment in detail before deciding what steps we need to take, starting by considering where our CCTV code of practice might need updating and what guidance members of the public will now need. Once we’ve done that, we’ll provide another update.

 

Related

ICO warns CCTV operators that use of surveillance cameras must be necessary and proportionate, October 28, 2014: https://www.riskbriefing.co.uk/ico-warns-cctv-operators-that-use-of-surveillance-cameras-must-be-necessary-and-proportionate/