Landlords who rent properties that have communal areas such as lobbies, communal stairways, entry systems, and parking spaces might well be tempted to install security cameras to monitor those communal areas and help keep residents and property safe and secure. Whilst this is perfectly legal and often a very good idea for crime prevention, in this article, we take a look at the rules and regulations around CCTV and what a landlord should be aware of when considering installing a CCTV system in rental properties.
GDPR and data protection
First things first, if the CCTV cameras that are installed only show live feeds and do not record anything, then GDPR rules do not apply. However, if images and sound are being recorded, then GDPR rules need to be followed. In the UK, this is governed by the Data Protection Act 2018. Both the GDPR and the Data Protection Act set down specific requirements when using CCTV to record images, particularly in communal areas of rental properties.
Complying with Data Protection laws:
The first step is to decide if using CCTV is right in the first place. Is there another way to protect or monitor the communal areas? Make sure to write this justification down as part of the data protection policy. When considering the use of exterior cameras or cameras covering entryways, it’s important to ensure that the system complies with legal standards. Here are some things to take into consideration if it is felt that CCTV is the only method that can be used:
- Avoid privacy violations: Do not install cameras in places where they can “see” into someone’s private space. In a block of flats, for example, security cameras should not be able to see into someone’s flat or balcony.
- Turn off sound recording: In most cases, recording of conversations would be considered unreasonable, so ensure that, unless you have a very good reason to do otherwise, sound recording is off.
Steps to Ensure Compliance
When installing CCTV, the following must be done to ensure compliance with data protection laws and respect for tenants’ privacy:
- Create a written policy: Make a written statement explaining why the use of CCTV and recording images is required, for what purpose, and what areas are to be covered, such as communal stairways or the parking space. This forms the basis of a CCTV and data protection policy. Also, ensure that any images being recorded are only used for the reasons specified and in the areas specified.
- Provide clear signage: Signs need to be put up in prominent locations, clearly stating that images are being recorded, who the data controller is, and how they can be contacted. This is especially important in communal areas like parking spaces or entry systems.
- Limit the recording to necessary footage: The system should be set up so that no more than is absolutely necessary is recorded. For example, do not record five minutes of footage if only 30 seconds is needed to capture relevant activity, such as monitoring potential criminal activity in a parking space.
- Secure storage of footage: Any videos that are captured must be stored in a secure manner so that access to them is strictly limited. The data protection policy should be very clear as to who has day-to-day access to images, why they have access, and what security measures are in place to secure the images. It should also cover how access to the images will be controlled and monitored.
- Regular deletion of footage: Recordings should only be kept for as long as absolutely needed and should be deleted regularly. The policy should state how long images will be kept, why they need to be kept that long, and how deletions will be controlled.
- Register with the ICO and pay the correct registration fee
- Ensure proper use of recordings: The recordings must only be used for the purposes outlined in the written statement.
Steps to Ensure Compliance
Landlords must also have a fully controlled subject access request process in place. If a member of the public wishes to check what recordings have been made of them, the camera owner must, within one month, provide them with a copy of the recordings. Furthermore, if asked by a member of the public, all images of them must be deleted within one month unless there is a legitimate legal dispute, such as criminal activity, that requires the images to be kept.
Avoid Uploading or Streaming Online
Ensuring that no recordings are uploaded or streamed online without robust justification is essential. Rarely, uploading or streaming images online without the person’s written consent would be justified. Landlords must take extra care in handling and distributing footage from security cameras in rental properties to avoid privacy violations.
Legal Compliance and Penalties
Anyone failing to comply with data protection laws could be subject to enforcement by the ICO and could also face legal action from individuals who feel their rights have been violated. Therefore, it is important to comply with the legislation, not only to avoid penalties but also to maintain a positive relationship with tenants.
Conclusion
CCTV in communal areas can be a very positive security measure, helping to protect property and individuals in rental properties. However, it needs to be handled with extra care to ensure it is compliant with data protection laws and not intrusive for tenants and members of the public. By following the legal guidelines around the use of security cameras, landlords can provide additional security while respecting the privacy of those living and working in the property.
