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In a newly revised CCTV code of practice the ICO said that sound
recording is intrusive and unnecessary in most circumstances, and
that the use of sound recording could undermine any public support
there is for CCTV.
The UK has more CCTV cameras than any other country in the world
according to the ICO. There are an estimated 4.5 million cameras in
the country, recording the average person 300 times a day,
according to some estimates.
The ICO has raised concerns about a trend for attaching
microphones and sound recording equipment to cameras.
"CCTV must not be used to record conversations between members
of the public as this is highly intrusive and unlikely to be
justified," said the new guidance. "You should choose a system
without this facility if possible. If your system comes equipped
with a sound recording facility then you should turn this off or
disable it in some other way."
The ICO said that there are limited circumstances in which audio
could be used, such as help systems where a person can initiate a
conversation with an operator. But some things should never be
recorded, it said. "Conversations must not be recorded, and
operators should not listen in." said the guidance. "In the limited
circumstances where audio recording is justified, signs must make
it very clear that audio recording is being or may be carried
out."
Assistant commissioner at the ICO Jonathan Bamford said that
organisations must be careful in their use of cameras and recording
equipment. “[CCTV] can be extremely intrusive, monitoring ordinary
individuals as they go about their day to day business," he said.
"It is essential that organisations and businesses use CCTV
responsibly in order to maintain public trust and confidence in the
use of CCTV and to prevent its use becoming increasingly viewed as
part of the surveillance society."
The ICO conducted a consultation exercise on the new guidance
and has just published the updated code of practice.
It also conducted research into the attitudes of the public to
audio recording. It said that it found seven out of 10 people
surveyed were opposed to the use of audio recording as part of CCTV
systems. It also found that almost half of those surveyed were not
aware that the use of CCTV is covered by the Data Protection Act,
one of the laws which the ICO is charged with enforcing.
The introduction of new rules may not do enough to make CCTV
systems illegal. CCTV compliance consultant Bernie Brooks told
OUT-LAW Radio last year that in his experience 95% of systems were
operating outside of existing laws regarding notification of the
collection of information and registering with the ICO.
"I would say that 95% are non-compliant in one way, shape, form
or another with the [Data Protection] Act," he said. "Obviously
that's quite a worrying thing. If the system is non-compliant it
could invalidate the usefulness of the evidence in a court of
law."
