RE: Body worn cameras and sound recordings by Ibrahim - written 16/07/2008 13:00:29
Steve

You are correct that a single purchase is not a CHIS. However the camera recording the conversationa and activity will be directed surveillance and needs to be authorised as such.

The ICO CCTV guidance and Code is really covering overt cameras on towns and buildings not covert cameras for investagation purposes. In any event the code is not law and you have an exemption under section 29 of the DPA (prevention and detection of crime). In your circumstances covert cameras with sound recording is permissible.


Steven wrote (08/07/2008 14:36:01):

Hi Ibrahim,

There is a wide debtate ongoing about the use of surveillance cameras worn on the person which are used in a covert fashion.  The common purpose used by a Council would be to help in test purchases.

The proportionality argument of this is easily made when it is to investigate when a juvenile is buying a knife from a shop-keeper.

To a layman, if someone of 15 buys a knife and leaves the shop, it should be a clear offence.  However it may be argued by the shop-keeper than some infringement incurred.  Not all cases are won.

In a small shop, a second person can not easily watch either inside or outside (it would arouse suspicion, or may raise fear in the mind of the shopkeeper (robbery)).

As the juvenile is attempting the purchase on one occasion, they are not a CHIS.  However the person is being covert and will be recording the conversation (which should be to ask for a knife, pay for it and leave).

Can you provide guidance as to issues which should be considered.  The ICO for example does not permit the recording of conversations, and all I have seen so far is Police guidance on using body worn cameras with sound.  It is clear the CCTV policy needs to be updated for not only bodycams (or headcams) but also the sound element.

Regards

Steve

 

 



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