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Old 14-03-2012, 18:34
diglett20482
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Hello, first thread i've started on here, hope I can get some help from the DS bunch

Ok, I run a small off licence in the town centre, would using one of these
be illegal, as at night I get a few drunken yobs who come in, and recently was attacked by one, nothing serious, but would it be legal to film using this?
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Old 14-03-2012, 18:43
coachtrip_fan99
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why dont you just get ordinary cctv cameras?

they will act as a deterrent more than anything.
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Old 14-03-2012, 19:10
diglett20482
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Because they cost alot more, and i guess this could have multiple uses out of the shop
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Old 14-03-2012, 19:38
mooghead
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Because they cost alot more, and i guess this could have multiple uses out of the shop

Keep that one to yourself
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Old 14-03-2012, 20:02
coachtrip_fan99
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not really. maplins do complete cctv kits from £99, Im sure you could find something cheaper if you look around.

If I was being / had been attacked in my own shop, I wouldn't hesitate to pay that for a bit of peace of mind.
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Old 14-03-2012, 20:04
call100
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How are you going to comply with the Data protection act?.....Any breach would incur a £5,000 fine for each incident.
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Old 14-03-2012, 20:25
chrisjr
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As it is a shop the rules on what you can and cannot do with CCTV are very much stricter than for domestic premises. I read through reams of stuff for work most of it from here..

http://www.ico.gov.uk/for_organisati...ides/cctv.aspx
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Old 14-03-2012, 21:05
Nigel Goodwin
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How are you going to comply with the Data protection act?....
Why would it even apply?.

Every one seems obsessed by the Data Protection act these days.

The link posted by chrisjr suggests that there's very little to be concerned about as far as DPA goes - as you would expect.


Any breach would incur a £5,000 fine for each incident.
You mean 'could' not would
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Old 14-03-2012, 21:53
chrisjr
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Why would it even apply?.

Every one seems obsessed by the Data Protection act these days.

The link posted by chrisjr suggests that there's very little to be concerned about as far as DPA goes - as you would expect.
Perhaps people mention the DPA because the use of CCTV on business premises IS covered by the DPA?

Images of people are covered by the Data Protection Act, and so is information about people which is derived from images – for example, vehicle registration numbers. Most uses of CCTV by organisations or businesses will be covered by the Act, regardless of the number of cameras or how sophisticated the equipment is.
From the link I provided earlier. And I haven't bothered to count how many times the DPA is mentioned in the guidelines.
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Old 14-03-2012, 23:52
call100
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Why would it even apply?.

Every one seems obsessed by the Data Protection act these days.

The link posted by chrisjr suggests that there's very little to be concerned about as far as DPA goes - as you would expect.



You mean 'could' not would
If they want to ignore the DPA that is up to them but it wouldn't be advisable...
I take it that because you are asking the question you don't actually know why it would not apply.
No one is being obsessed by the DPA merely suggesting to the OP that they ensure that whatever they want to do is compliant.
To be honest I wouldn't take any legal advice from any of us on a forum like this. As you have shown, it could be very bad advice indeed.....
OP contact the local council or your solicitor who will give you the correct advice....

Yes, could and not would. Not that it would make any difference in making a decision as to ignoring the DPA. Especially if you run a small business!!
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Old 15-03-2012, 10:16
Nigel Goodwin
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If they want to ignore the DPA that is up to them but it wouldn't be advisable...
I take it that because you are asking the question you don't actually know why it would not apply.
Did you read the links that were posted?.

What EXACTLY do you think the problems with DPA are on a small CCTV system?.
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Old 15-03-2012, 11:12
captainkremmen
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The DPA is something businesses who use CCTV do have to be aware of though. Any recorded information that can be used to identify a person is covered by the DPA, and the act mentions CCTV for business use a number of times.

Any use of CCTV on business premises also has to have warning signs on the premises advising that CCTV is in use.

OP, buy a decent system. As mentioned they start around the £100 mark, so isn't a huge expense for a business and you can also claim the tax back as a business expense.
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Old 15-03-2012, 12:25
chrisjr
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Also use of CCTV on business premises in many cases has to be notified to the ICO. And there have to be all kinds of controls in place over who can view the CCTV recordings and so on and so forth. There are all sorts of links leading off the webpage I posted earlier that explain all of that.
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Old 15-03-2012, 14:13
call100
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Did you read the links that were posted?.

What EXACTLY do you think the problems with DPA are on a small CCTV system?.
Yes, and others....................

The size is immaterial....

My original question was how the OP was going to comply with the DPA.
I know how he could comply, that doesn't mean to say he is or has even thought about it.
Even to not need to do anything requires him to know if that is correct and that would be complying.
Best advice is to seek professional assistance.
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Old 15-03-2012, 20:27
Nigel Goodwin
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Yes, and others....................

The size is immaterial....

My original question was how the OP was going to comply with the DPA.
I know how he could comply, that doesn't mean to say he is or has even thought about it.
Even to not need to do anything requires him to know if that is correct and that would be complying.
Best advice is to seek professional assistance.
So you're claiming there are 'problems' he needs to consider but are unable to tell us what you think they are.

If you read the links as you claim, they explain that there's absolutely sod all of a problem with DPA.
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Old 16-03-2012, 00:03
call100
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So you're claiming there are 'problems' he needs to consider but are unable to tell us what you think they are.

If you read the links as you claim, they explain that there's absolutely sod all of a problem with DPA.
You claim to be clued up on the act but don't know what he needs to consider. Has he considered anything? Does he know what to consider?
I and certainly you, don't know if he has a problem or not as it's not known if his intentions breach the act.
I have advised he check with the appropriate authorities. He may or may not need to do anything.
The one thing that is a cast iron certainty, he should not take your advice as definitive. Unless of course, you managed to slip in a DPA course (even then it's best to double check!).
Your advice to a small business would be that it's all OK and there is no need to check with anyone, other than a home entertainment forum full of anonymous people?
Nice one....
I notice we seem to have scared the OP off.....I can't say I blame him....
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Old 16-03-2012, 09:00
Nigel Goodwin
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You claim to be clued up on the act but don't know what he needs to consider.
I've never claimed to be 'clued up' - that appears to be you, and yet you are completely unable to suggest any problem that might (or might not) exist.

It just seems to be yet another blind shouting of 'DPA' to everything that's mentioned - perhaps the 'sky is falling'?
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Old 16-03-2012, 09:25
chrisjr
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I've never claimed to be 'clued up' - that appears to be you, and yet you are completely unable to suggest any problem that might (or might not) exist.

It just seems to be yet another blind shouting of 'DPA' to everything that's mentioned - perhaps the 'sky is falling'?
Well for starters.

If you install a CCTV system on business premises, even just a single camera with a VCR to record the images, have you looked at the ICO checklist and determined whether you need to notify the ICO about the system.

If you DO need to notify the ICO are you then following the correct procedures? Which means having a named person in charge of the system. Making sure you operate the system correctly and use any images recorded by the system in compliance with the DPA.

Failure to comply with any of the procedures outlined in the guidelines I linked to would get you into trouble with the ICO. So yes the DPA is relevant and has to be considered. But if you play by the rules then it should not be a problem.
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Old 16-03-2012, 11:37
Nigel Goodwin
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Well for starters.

If you install a CCTV system on business premises, even just a single camera with a VCR to record the images, have you looked at the ICO checklist and determined whether you need to notify the ICO about the system.

If you DO need to notify the ICO are you then following the correct procedures? Which means having a named person in charge of the system. Making sure you operate the system correctly and use any images recorded by the system in compliance with the DPA.

Failure to comply with any of the procedures outlined in the guidelines I linked to would get you into trouble with the ICO. So yes the DPA is relevant and has to be considered. But if you play by the rules then it should not be a problem.
Jesus! - there's hardly any 'procedures' listed in those links, and what there are is simple commonsense.

It's just scaremongering, mentioning the DPA for any vague connection.
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Old 16-03-2012, 11:40
call100
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I've never claimed to be 'clued up' - that appears to be you, and yet you are completely unable to suggest any problem that might (or might not) exist.

It just seems to be yet another blind shouting of 'DPA' to everything that's mentioned - perhaps the 'sky is falling'?
If you have no idea what you are talking about, as you suggest, then maybe you should give up.
Had you read properly, then you would know that, anyone recording images via cctv must comply with the DPA.
You seem to have some sort of aversion to the act, borne, no doubt, through ignorance.
You don't even read posts on here properly before jumping in with both feet.
The OP cannot say they are compliant unless they have read it, understood it, and all the guidelines are correctly followed. Your insistence that he has to do nothing and that's the end of it, is just plain wrong.
You mention nothing about the registration of the use of cctv in the shop.
Nothing about information signs.
Nothing about having procedures for the use of cctv and the disclosure of information there obtained.
No mention of regular checks to ensure compliance.
According to you, it's just a case of stick up a cctv system and forget about it.............astounding...
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Old 16-03-2012, 11:48
Nigel Goodwin
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If you have no idea what you are talking about, as you suggest, then maybe you should give up.
Had you read properly, then you would know that, anyone recording images via cctv must comply with the DPA.
You seem to have some sort of aversion to the act, borne, no doubt, through ignorance.
You don't even read posts on here properly before jumping in with both feet.
The OP cannot say they are compliant unless they have read it, understood it, and all the guidelines are correctly followed. Your insistence that he has to do nothing and that's the end of it, is just plain wrong.
You mention nothing about the registration of the use of cctv in the shop.
Nothing about information signs.
Nothing about having procedures for the use of cctv and the disclosure of information there obtained.
No mention of regular checks to ensure compliance.
According to you, it's just a case of stick up a cctv system and forget about it.............astounding...
All absolutely trivial - and no need for your scaremongering claiming £5000 fines per 'breach'.
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Old 16-03-2012, 12:03
call100
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All absolutely trivial - and no need for your scaremongering claiming £5000 fines per 'breach'.
Is that it? The sum total your argument has been reduced to?
Once again you are wrong. It was not 'scaremongering' at all. The act provides for fines up to £5000 per breach. That is a fact,(stay with it, I know you are not big on facts). Advising someone to seek proper advice from a proper source cannot be seen as 'scaremongering'. Some of us took it that the OP was an intelligent person who was asking for advice and would research for themselves once reading it,
Giving stupid advice to ignore the act......now that's scary!
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Old 16-03-2012, 12:29
Nigel Goodwin
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Once again you are wrong. It was not 'scaremongering' at all. The act provides for fines up to £5000 per breach.
I see you've totally changed your tune now - gone from £5000 fine to 'up to' £5000 - and this all assumes you are actually convicted of an offence in the first place.

Your 'scaremongering' gave the clear impression that it was a guaranteed £5000 fine for any possible breach.
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Old 16-03-2012, 13:23
ray_01
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We have had cctv inside and outside our premises for 20 years.
From time to time we have had police and adjacent businesses ask us if we have got any recordings from the previous night that might be helpful after a neighbouring premises was burgled or vehicles taken.
We have never been registered with anyone and the police have never mentioned it!!
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Old 16-03-2012, 13:48
chrisjr
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We have had cctv inside and outside our premises for 20 years.
From time to time we have had police and adjacent businesses ask us if we have got any recordings from the previous night that might be helpful after a neighbouring premises was burgled or vehicles taken.
We have never been registered with anyone and the police have never mentioned it!!
Technically you should notify the ICO about the installation. Chances are you'll never get pulled up about it but always the chance someone could drop you in the proverbial...

Have a read of the link I provided above. Basically if you operate to the guidelines the ICO issue then you probably don't have anything to worry about.

And the Police probably assume you are following all the correct procedures anyway, hence why they never mentioned it. I've provided CCTV footage to the local rozzers a few times and they too have never asked if we comply with the DPA requirements.
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