Tenants and leaseholders are legally permitted to install CCTV cameras to protect their property. The Council has set out its guidance on the siting and use of CCTV cameras:
- Tenants and leaseholders must always notify the Council first and seek permission if they are considering installing CCTV on their property.
- Tenants and leaseholders should contact their Housing Officer if they have concerns about crime or anti-social behaviour in their neighbourhood.
- The CCTV use in this instance must only be for domestic purposes such as improving the security of an individual residence or the personal security of that person and must not be used for public space surveillance.
- The CCTV use in this instance must never be used to carry out surveillance of a neighbouring property or an individual in that neighbourhood. It must not be intrusive or be used to harass or intimidate others.
- The CCTV can only be used to survey the leaseholder or tenant’s own property, including their sole use gate, garden etc.
- The CCTV must not be installed where it will cover common parts such as shared gardens, gates, stairs, doors, pathways etc. However, where there is a little amount of incidental wider coverage, such as where the CCTV is installed for a sole usage front entrance and covers a small portion of a shared area, this may be permissible and will be considered on a case by case basis. Where this is the case the installing tenant/leaseholder needs to adhere to the data protection rules, including providing adequate signage which will notify people about the recording, the reason/s for it, and, if recordings are made, how to obtain a copy.
- Failure to comply with the data protection obligations may result in regulatory action being taken by the ICO as well as potential legal action by the affected individuals.
- Leaseholders / tenants will be advised in writing to adjust or remove the equipment immediately to avoid prosecution or other enforcement action. In the first instance this letter should come from the landlord (the Council) or landowner.
- Where a resident or leaseholder does not comply with requests to remove the equipment which is being used unlawfully this should be reported to the Police or to the Information Commissioners Officer (ICO). The details are at the bottom of the document.
- The Council will also consider whether improper use of CCTV breaches any of the tenancy conditions.
- Audio recording is discouraged. Where audio or video footage are retained, this should be for a defined period of time and not indefinitely. Audio and CCTV recordings can be lawful in certain circumstances, and tenants/leaseholders should consult the ICO (www.ico.org.uk; 0303 123 1113) for advice.