CCTV on a private road
CCTV on a private road
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Discussion

BertBert

Original Poster:

21,257 posts

240 months

Thursday 13th August 2020
quotequote all
It's probably been covered, but can anyone point me to info/regs on CCTV covering the entrance to a private road please? Following a spate of burglaries, a number of residents want to cover the entrance to the road.

Looking for regulations of setup and use and GDPR. I've googled, and it's probably obvious, but I could only see domestic regs and regs for authorities.

Thanks
Bert

QuickQuack

2,811 posts

130 months

Thursday 13th August 2020
quotequote all
What do you mean domestic regs and regs for authorities? Regulations are the same for everyone but what you need to do is different depending on what you're capturing and how you will use/store that data.

QuickQuack

2,811 posts

130 months

Thursday 13th August 2020
quotequote all
Assuming the owners of the private road are residents of the road and are not businesses, this is a domestic set up; therefore, this is the best and clearest guidance, from the horse's mouth, the horse being the Information Commissioner's Office:

https://ico.org.uk/your-data-matters/domestic-cctv...

In short, if you only capture within the boundaries of the road, e.g. immediately on entry, you can do what you like. If you capture anything not on your property, then you have to comply with GDPR.

BertBert

Original Poster:

21,257 posts

240 months

Thursday 13th August 2020
quotequote all
Thanks for the quick answer. I was thinking that the domestic regs do not apply as it's not a domestic situation. It's a private road with access from the main road, not the property of a house, or within a house boundary.
The page talks about the property where you live. That's not the situation here, noone "lives" where the CCTV would be.
Bert

QuickQuack

2,811 posts

130 months

Thursday 13th August 2020
quotequote all
As long as you own, jointly or singly, the premises and use it as part of your domestic arrangements, it comes under the domestic description. The page is written to be applicable to 99+% of the population who don't live on a private road so those who do often feel confused by various rules and regulations. smile It can seem even more complicated when you find out that you have a responsibility to maintain something accessible by the general public, but you don't own, that borders your property. Still can't have CCTV which captures the space you are responsible for without complying with GDPR because you don't own it. frown

EU_Foreigner

2,838 posts

255 months

Thursday 13th August 2020
quotequote all
How exactly is this different to having say a Ring doorbell at the entrance, which films all the time as well when there is motion?

We have gates with that on it, but never even considered any reg for that.

BertBert

Original Poster:

21,257 posts

240 months

Thursday 13th August 2020
quotequote all
QuickQuack said:
As long as you own, jointly or singly, the premises and use it as part of your domestic arrangements, it comes under the domestic description. The page is written to be applicable to 99+% of the population who don't live on a private road so those who do often feel confused by various rules and regulations. smile It can seem even more complicated when you find out that you have a responsibility to maintain something accessible by the general public, but you don't own, that borders your property. Still can't have CCTV which captures the space you are responsible for without complying with GDPR because you don't own it. frown
But that's the thing. It's not a premises owned and used as part of domestic arrangements. It's a road that serves 100 houses. So if the regs say you can only film to the borders of your property, there isn't a defined domestic property with suitable borders to define that.
So I'me expecting different regs (by definition) and perhaps more stringent regs.
Bert

QuickQuack

2,811 posts

130 months

Thursday 13th August 2020
quotequote all
Who owns the private road then? If it's the 100 householders, then yes, you do own it but you own it jointly with the others. If it's a management company owned by the householder, the same still applies. If it's a property developer which owns it and charges the householders for maintenance, then they have to be the ones who set up the CCTV.

Having said all that, enforcement of GDPR isn't performed by the police and it isn't enforced proactively, i.e. the ICO isn't going to come knocking on your door just because they want to see that everything is in order. The enforcement is reactive, meaning that it will only investigate if there's a complaint, AND if the complaint seems justified. It seems to have a very high threshold for evidence, especially for domestic situations. If the risk of a complaint as minimal, then you can make value judgement on whether you want to make this really complicated or just get on with installing it.

Ring and other camera doorbells are technically covered by the regs if any space other than the boundaries of the property is captured, but someone has to make a complaint first, and, let's face it, nobody ever will.

2 sMoKiN bArReLs

32,007 posts

264 months

Thursday 13th August 2020
quotequote all
EU_Foreigner said:
How exactly is this different to having say a Ring doorbell at the entrance, which films all the time as well when there is motion?

We have gates with that on it, but never even considered any reg for that.
It's probably a bit like it's illegal not to practice archery on a Sunday morning, but who's bothered hehe

QuickQuack

2,811 posts

130 months

Thursday 13th August 2020
quotequote all
2 sMoKiN bArReLs said:
EU_Foreigner said:
How exactly is this different to having say a Ring doorbell at the entrance, which films all the time as well when there is motion?

We have gates with that on it, but never even considered any reg for that.
It's probably a bit like it's illegal not to practice archery on a Sunday morning, but who's bothered hehe
Pretty much that indeed!

Tommo87

5,457 posts

142 months

Friday 14th August 2020
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Do they still have to put signs up, for any footage taken to be admissible in court, or was than old wives tale?

Chrisgr31

14,275 posts

284 months

Friday 14th August 2020
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If there are 100 houses down this road you can be pretty certain that at least one of them will be complaining to the ICO if they think regulations are rules are being abused. Let alone the risk of one of their visitors complaining.

I would therefore be getting proper professional advice and probably go for the commercial rules to ensure I was covered.

Countdown

49,372 posts

225 months

Friday 14th August 2020
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Chrisgr31 said:
If there are 100 houses down this road you can be pretty certain that at least one of them will be complaining to the ICO if they think regulations are rules are being abused. Let alone the risk of one of their visitors complaining.

I would therefore be getting proper professional advice and probably go for the commercial rules to ensure I was covered.
Just deny putting it up. They won't have any CCTV to prove otherwise biggrin