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MrJonathanMantle
Reference: T4219/16
Dear MrMantle,
In 2012 the surveillance camera code of practice and an associated surveillance camera commissioner was created to form a regulatory framework which applied in England and Wales. The purpose of the code is to ensure that individuals and wider communities have confidence that surveillance cameras are deployed to protect and support them, rather than spy on them. The government considers that wherever overt surveillance in public places is in pursuit of a legitimate aim and meets a pressing need, any such surveillance should be characterised as surveillance by consent, and such consent on the part of the community must be informed consent and not assumed by a system operator.
The PoFA code relates to overt surveillance. It is worth noting that any covert surveillance by public authorities is regulated separately under the Regulation of Investigatory Powers Act (RIPA).
The surveillance camera code of practice came into force under S30 of PoFA in August 2013 as guidance on good practice for anyone who operates overt surveillance camera systems in public places.
In general terms S33 of the Protection of Freedoms Act 2012 places the police, National Crime Agency, crime commissioners, chief officers of police forces and local authorities in England and Wales under a duty to have regard to the code. Other system operators are encouraged to adopt the code on a voluntary basis.
As relevant authorities under Section 33(5) of the Protection of Freedoms Act 2012, local authorities in England and Wales are under a statutory duty to have regard to guidance in the surveillance camera code of practicewhen exercising any functions to which the code relates. The code of practice sets out guiding principles which create a framework within which any organisation considering the overt use of CCTV or any other surveillance camera system in a public place can make decisions that are consistent with the necessary, proportionate, transparent and effective use of the system.
The Surveillance Camera Commissioner, Tony Porter, is independent of Government and was appointed by the Home Secretary under section 34 of the Protection of Freedoms Act 2012. The Commissioner does not have statutory enforcement or inspection powers. Rather, the Commissioner’s role is to provide advice to systems operators and the public about the effective, appropriate, proportionate and transparent use of overt surveillance camera systems.
Yours sincerely
Joe Maratona
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