Covert CCTV ADVICE

Good covert CCTV advice is hard to come by in an unregulated industry, carried out correctly installing a covert CCTV camera can provide a true and accurate account of activities being monitored.

However, jumping in with two feet ‘could’ prove to be very costly!

There are rules and regulations to follow, let’s look at some of these and some examples to keep you on the straight and narrow!

Advice & Guidance

Private Clients

Covert CCTV advice applies to everyone, private and commercial clients alike. If a private individual wishes to install a covert CCTV camera in their own property they are entitled to do so and there are currently no laws preventing this.  However, there are several points to consider;

1. If the camera is recording images outside of the property boundaries i.e. onto a public highway for example then you will not be covered by the data protection act’s (DPA) domestic purposes exemption! A point worthy of note; this is not a breach of the DPA but means you will be subject to it.
2. The Human Rights Act 1998, particularly Article 8 should be considered; although the act prevents public authorities from interfering in your private life (unless you are committing serious, crime) everyone has a right to privacy.

EXAMPLE

During a divorce case an individual contacted a private investigator and asked if they could fit a covert CCVT camera.  It was ascertained during the initial meeting the couple slept in different rooms and had effectively sectioned off the house.  A solicitors letter confirmed they both had their own personal space within the property.  The PI was asked if they could fit a covert CCTV camera into the bedroom to observe suspected infidelity.

The PI informed the individual that they would be happy to place a camera in what was effectively a ‘shared’ public area within the house, anyone entering or leaving the bedroom would be observed by the hidden camera, this option was turned down.

The PI strongly advised against installing the camera in the bedroom and eventually turned down the task, the subject was placed under physical surveillance for a short period and was quickly identified via photographic evidence kissing an individual outside a restaurant, however, 4 weeks later the police visited their office after a complaint had been made relating to an invasion of privacy.

After turning down the client to fit the covert camera  they had immediately contacted another private investigation company who installed it without question.  It was subsequently found in the bedroom and the police were called.

Commercial Clients

All commercial clients can benefit from good covert CCTV advice relating to legislation and good practices.

Any business owner / employer can monitor their staff in the workplace but is bound by the Data Protection Act 1998 and other pieces of legislation.  If an employer suspects serious malpractice such as theft, fraud or serious breaches of health and safety policy then covert monitoring may well be justified.

Why use a professional?

The answer is very simple, as an employer under the DPA you CANNOT delegate your data protection responsibilities, or.. blame someone else if it goes wrong!

If you require covert cameras we strongly advise you to use a professional covert camera installer who is not only qualified and competent but also a professional private investigator who can advise on the legalities of the investigation and ‘share‘ the data controller responsibilities.

The process is very simple: providing assessments are completed (And) retained, your PI should be able to provide these. The monitoring is proportionate, within agreed timescales and there is a genuine need; covert monitoring can be carried out without fear of litigation.