I Run a Cafe in the UK. Which CCTV Data Protection Rules Should I Comply With?

As a cafe owner in the UK, it is essential to be aware of the data protection rules that apply to using CCTV on your premises. CCTV is a valuable tool for businesses to deter crime, monitor customer behaviour, and improve safety. However, you must use it in compliance with the law. Failure to do so can result in severe legal and financial consequences and damage your company’s reputation. This article will outline the main data protection rules that apply to the use of CCTV within the General Data Protection Regulation (GDPR) and guide how you can ensure your cafe’s use of CCTV is lawful, ethical and effective.

What is CCTV?

Closed-circuit television (CCTV) is a system of video cameras that captures footage of activity in a specific area. The footage is typically monitored in real-time or recorded for later review. CCTV is a valuable tool for businesses, as it can help: 

• prevent crime;
• detect and investigate incidents; and 
• provide evidence for legal proceedings.  

However, you must balance your use of CCTV against the right to privacy of individuals who may be captured on camera.

What is the GDPR?

The GDPR aims to protect the privacy rights of individuals and ensure that their personal data is processed lawfully and ethically. This means that your cafe must lawfully, fairly and transparently process personal information. 

For example, the GDPR and Data Protection Act requires your cafe to inform individuals of the following: 

• how you handle their personal data;
• why it is being processed; and 
• whom it is being shared with.

Any breach of the GDPR can result in a financial penalty of up to £17.5m from the Information Commissioner’s Office (ICO).

What Data Protection Rules Apply to CCTV Cameras?

In the context of CCTV, cafe owners must inform their customers and employees that they are using CCTV on their premises. You should provide this information clearly and concisely, such as through signage or a written privacy notice.

Data protection law also requires that your cafe have a legitimate reason for using CCTV, such as to prevent crime or ensure the safety of customers and employees.

Let us consider some practical steps to help your cafe business comply with the GDPR.

1. Conduct a Data Privacy Impact Assessment (DPIA)

Before installing CCTV in your cafe, you should conduct a DPIA to identify and mitigate any privacy risks associated with using CCTV. A DPIA is a systematic assessment of the potential impact that a project or system may have on the privacy of individuals.

A DPIA will help you identify the risks associated with your use of CCTV, such as the risk of capturing footage of individuals not involved in any criminal activity. It will also help you identify measures to mitigate these risks, such as limiting the duration of CCTV footage retention.

2. Provide Clear Signage

You must provide clear and prominent signage to inform individuals that CCTV is operating on your premises. The signage should include information about the following: 

• the purpose of the CCTV;
• who is responsible for its operation; and 
• how individuals can exercise their data protection rights.

The signage should also include the contact details of the data protection officer responsible for ensuring that your use of CCTV is compliant with data protection rules.

3. Limit CCTV Use to a Specific Purpose

You must limit the use of CCTV to a specific purpose, such as to prevent crime or ensure the safety of customers and employees. You must not use CCTV for any other purpose incompatible with that legal basis. For example, you cannot use CCTV to monitor your employees’ performance or customer behaviour for marketing purposes.

4. Retain CCTV Footage for a Limited Period

You must retain CCTV footage for a limited period, such as 30 days, unless there is a specific reason for retaining it for a more extended period.

Does My Cafe Need to Comply With the Surveillance Camera Code of Practice?

As a cafe owner, your cafe must also comply with the Surveillance Camera Code of Practice. The Government introduced this Code in 2013 and set rules on using CCTV in public places.

The Code sets out the guiding principles for the use of CCTV surveillance cameras, including:

• the need for a clear and legitimate purpose for using CCTV; 
• the importance of providing clear signage to inform individuals you are monitoring them; and
• the need to ensure that CCTV is used proportionately and unauthorised access is restricted.

Key Takeaways

As a cafe owner in the UK, it is essential to comply with data protection rules when using CCTV on your premises. Failure to do so can result in severe legal and financial consequences and damage to your company’s reputation. By following the steps mentioned above, you can ensure that your use of CCTV is lawful, ethical and effective in improving the safety and security of your cafe.

If you need help complying with CCTV rules, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.  

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