28 February 2024 , 09:02
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A property expert has issued a warning to anyone with a smart doorbell or CCTV that they could be breaking the law without realising.
Statistics show that nearly half of British homeowners now have home security systems so they can see everything that is going on outside their front door, as well as those who come knocking. Plus, modern tech like Ring doorbells have become synonymous with people checking if their parcels have arrived at their door while out.
But if you decide to install a home security systems without following legal protocols, it could land you in hot water.
Having a security system in place is legal, and it is not against data protection law to record video or sound recordings outside the boundary of their property, but you must follow certain rules if you are using equiptment in this way. If you don't abide by these rules, the Information Commissioner's Office (ICO) is entitled to take action against you.
Overall, it would help if you made people aware that you are using cameras and are acting responsibly to protect the privacy of others. Under data protection law, those who are capturing images or audio outside of their property are required to tell neighbours they are using recording equipment, provide some of the recording to the person who requests any images that have been captured, regularly or automatically delete footage and in most circumstances, delete recordings if people ask.
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You are also required to "stop recording a person if they object to being recorded, but only if it is possible to do so". You will also need to put up any notices or signs to inform people that a recording is taking place if outside of your boundary.
Andy Simms, a property expert from MyBuilder.com, explained: "If you have installed - or are considering installing - CCTV or smart cameras, there are certain guidelines you need to follow to ensure you are not breaking any rules or laws. You must follow the guidance and position correct signage about your systems, to avoid breaking the law."
And a spokesperson for the Information Commissioner's Office (ICO) said: “The use of recording equipment, such as CCTV or smart door bells, at your home is not a breach of data protection law. We have guidance on our website to help people to use video doorbells and domestic CCTV in the right way, but it is highly unlikely we would take enforcement action against a domestic CCTV user."
It is illegal to secretly film people, even on private property. You must erect signage in key positions, to adequately ensure that people who enter your property are aware that recording devices are in place.
Putting signs up to say that you are recording also helps deter away criminals. In case of any criminal activity, footage may be required to be viewed by the police in the case of any incidents, and if so it is vital you keep that footage in secure storage. The recorded information must also be kept securely and only be used for the correct purposes including not sharing with anyone.
This article was amended on 28th February to clarify that the ICO is not likely to take enforcement action against a domestic CCTV user and to amend the incorrect claim that they will fine people who are in breach of data protection laws.
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