SIA enforcement focuses on CCTV use

Published on 18 Jan 2007

The Security Industry Authority (SIA) has released the latest results of its ongoing action targeting non-compliance of the Private Security Industry Act 2001 (PSIA) at public space surveillance CCTV suites covering shopping and retail outlets.

In three separate operations during the autumn, SIA investigators visited 25 CCTV suites in England and Wales, which were run by operatives from 17 private security companies.

Following the operations three warnings were given for offences relating to Section 3 of the Public Security Industry Act (PSIA) for engaging in licensable conduct without a licence, 15 warnings were given for offences relating to Section 5 of the PSIA for providing unlicensed operatives, and nine Improvement Notices were issued to security companies.

Poppy Saunders, an SIA Head of Investigation, said:

"I'm aware there have been some claims of confusion over the legal definition of those who require an SIA Public Space Surveillance CCTV licence. However, the definition is clear and managers and directors should ensure they fully understand the legislation and seriously consider the consequences before deploying unlicensed CCTV operators."

The SIA started Public Space Surveillance CCTV licensing in June 2005.

A (PSS) CCTV licence is required if a security operative is involved with using CCTV equipment that is either deployed into fixed positions or has a pan, tilt and zoom capability, and they are required to do any of the following:

Pro-actively monitor the activities of members of the public whether they are in public areas or on private property.
Use cameras to focus on the activities of particular people either by controlling or directing cameras at an individual’s activities.
Use cameras to look out for particular individuals.
Use recorded CCTV images to identify individuals or to investigate their activities.

A (PSS) CCTV licence is not required where cameras are monitored:

to solely identify intruders/trespassers onto a site and to monitor intruders/trespassers activities; and/or
for the protection of vehicles or buildings against theft or damage to that property or premises and not specifically to monitor members of the public who may enter that property.

The Information Commissioner's CCTV guidance notes make clear which CCTV activities are covered by the Data Protection Act 1998 (DPA). The guidance is particularly aimed at helping users of basic CCTV systems, such as small businesses.

If you have a basic CCTV system your use may not be covered by the DPA. This depends on what happens in practise.

For example, small retailers would not be covered who:

only have a couple cameras;
can't move them remotely;
just record on video tape whatever the cameras pick up; or
only give the recorded images to the police to investigate an incident in their shop.

However, employers need to make sure that they do not use the images for their own purposes, such as checking whether a member of staff is doing their job properly. Doing this would bring their use of CCTV under the DPA as the person would be the focus of attention.

For further information go to www.ico.gov.uk