CCTV and GDPR: Understanding the Risks for Your Small Business

CCTV can be a valuable security tool for small businesses, but its use comes with legal risks. If your CCTV cameras capture identifiable individuals, your small business must comply with the UK GDPR and the Data Protection Act 2018. Many small businesses may overlook key obligations necessary when using CCTV, such as having a lawful basis, informing staff and visitors, securing footage, and handling access requests correctly. Failing to meet such requirements can lead to ICO investigations, reputational damage, and fines. This article explores the key risks and legal obligations arising when using CCTV as a data controller and how small businesses can mitigate these risks. 

How Does the UK GDPR Apply to CCTV?

The UK GDPR is a key law that regulates how businesses process personal data. Visual footage identifying an individual qualifies as personal data and is subject to UK GDPR rules. 

For instance, CCTV footage generally qualifies as personal data when it focuses on an individual or when the images inform decisions about them. However, some types of closed circuit imagery may not qualify as personal data, and your business should take advice if you are unsure about this. 

Why Should Small Businesses Focus on Compliance?

Complying with UK GDPR rules is vital where your CCTV involves personal data. 

The UK GDPR applies equally to every business handling personal data, regardless of size or profitability – small businesses are not exempt from its regulations. 

Non-compliance can damage your business’s reputation and create legal risks. Customers, employees, and stakeholders expect businesses to handle their data responsibly. Failure to do so can harm trust in your business, leading to lost customers and reduced business opportunities. For a small business, this can be extremely damaging. 

What Are the Key Risks of CCTV Under UK GDPR?

CCTV use creates legal risks, particularly around lawful basis, transparency, and data security.

For instance, risks around:

• not lawfully justifying your use of CCTV;
• not being transparent about your use of footage;
• using CCTV in an excessive way where privacy is expected; and
• failing to secure CCTV footage.

Using CCTV carries significant regulatory risks, especially given that the ICO has extensive enforcement powers under UK GDPR, ranging from issuing reprimands to substantial monetary fines. The ICO has intervened when organisations use CCTV intrusively or unlawfully, highlighting that surveillance practices can trigger regulatory scrutiny. 

Organisations breaching data protection law through CCTV could face compulsory audits, corrective measures, or orders to suspend surveillance activities entirely. In addition to regulatory penalties, footage misuse can severely damage public trust and an organisation’s reputation, making accountability and proper record-keeping essential for compliance.

What Legal Considerations Apply?

There are a range of scenarios where a small business may use CCTV, and data protection laws apply. 

A typical example is an employer business (acting as a controller) that uses CCTV in the office to identify its staff. 

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Here are some examples of the types of action points for the small business employer in this example: 

• the business should establish a lawful basis for processing CCTV data;
• a Data Protection Impact Assessment should be conducted before installing CCTV; 
• individuals should be clearly informed about CCTV use through clear signage and privacy notices that explain the purpose of CCTV, and they should have a process to ask questions and exercise their data subject rights; 
• the employer should be careful about privacy – e.g. not filming areas where staff expect privacy; 
• security measures should apply to any footage, e.g. restriction of access and password protection; and
• the footage should not be held indefinitely – it should be deleted in accordance with justified data retention periods 

In addition, the employer may have various other considerations and rules to follow. Given the risks associated with the misuse of CCTV, small businesses should take legal advice if they are unsure about their obligations and how to use CCTV lawfully. 

Key Takeaways 

If your small business records individuals on CCTV, you must comply with strict data protection laws should it involve personal data. These rules will include establishing a lawful basis, informing individuals, securing footage, and deleting recordings when no longer needed, which are key compliance steps. 

Failing to meet these requirements can lead to ICO enforcement, reputational damage, and legal action. If you are unsure about your obligations, seeking legal advice from a data protection solicitor can protect your business from risk.

If you need help with UK GDPR compliance, 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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