Out-Law News 2 min. read
25 Jul 2012, 2:17 pm
The Information Commissioner's Office (ICO) said images within taxis should only be recorded where it is "clearly justifiable" to do so, and added that it would be rare for it to be acceptable to make audio recordings in the vehicles.
"The Data Protection Act states that organisations can only collect personal data when it is fair and lawful to do so," the ICO said. "For CCTV equipment in taxis, the ICO advises that images should only be recorded where it is clearly justifiable. Audio recordings should only be made on very rare occasions, for example where there are a high number of serious incidents and where recording is triggered due to a specific threat in a taxi cab."
The ICO has ordered (7-page / 934KB PDF) Southampton City Council to stop requiring all city taxis and private hire cars to install CCTV equipment in order to provide a rolling record of activity in the vehicles. The council had introduced the requirement in August 2009 but the ICO said the policy breached the Data Protection Act. The ICO said the council had offered it "no satisfactory explanation" to justify the "permanent operation" of the CCTV systems and has ordered it to delete data that it has collected as a result of the practice.
Information Commissioner, Christopher Graham, said: "By requiring taxi operators to record all conversations and images while the vehicles are in use, Southampton City Council have gone too far."
"We recognise the Council's desire to ensure the safety of passengers and drivers but this has to be balanced against the degree of privacy that most people would reasonably expect in the back of a taxi cab," he added. "It is only right that the privacy of drivers and passengers is respected. This is particularly important as many drivers will use their vehicles outside work. While CCTV can be used in taxis, local authorities must be sensible about the extent to which they mandate its use, particularly when audio recording is involved."
The ICO considered that the recording systems had resulted in the unlawful processing of both personal data and sensitive personal data. The Data Protection Act requires organisations to take particular care when processing sensitive personal data, which can include information about individuals' political opinions, religious beliefs, physical or mental health or condition or sex life, among other examples.
The watchdog said it was concerned that the data collected by the taxis' CCTV systems could be "used for purposes ... other than originally intended" and that there was "always a risk" that the stored information could be unlawfully accessed or disclosed, creating damage and distress for individuals. It added that knowing that their conversations are going to be recorded in taxis could of itself cause "distress to an individual".
The ICO added that it had previously issued a preliminary enforcement notice to another local authority, Oxford City Council, after investigating its "similar policy" to one operated in Southampton. Oxford City Council has subsequently "suspended the implementation of the policy," the ICO said.
"We hope this action sends a clear message to local authorities that they must properly consider all the legal obligations on them before requiring the installation of CCTV or similar equipment and that audio recording should be very much the exception, rather than the rule," Graham said.
