Government proposes new privacy watchdog to monitor CCTV

The Government is asking the public for its views on proposals to create a new privacy watchdog to monitor surveillance technologies.

In a Home Office consultation document on a Code of Practice relating to surveillance cameras put forward as part of the Protection of Freedoms Bill, a Surveillance Camera Commissioner (SCC) would enforce a new code of practice on the use of technologies such as CCTV and Automatic Number Plate Recognition (ANPR).

The proposals suggest that the remit of the new SCC could include ruling whether it is necessary to install surveillance camera equipment, as well as safeguards and privacy. Initially, according to the Home Office, its remit would only cover systems that are under the control of local authorities and police forces.

But eventually other organisations may fall under its control. The Information Commissioner's Office (ICO) current CCTV code of practice, which provides guidance and advice for CCTV users on how to comply with the Data Protection Act, could be merged into the new code at some point.

"That is an area we are consulting on," a Home Office representative said.

The Government admitted that there would, at least initially, be "a strong overlap of areas of interest" between the new Commissioner and the ICO. This has led the ICO to express concerns about this and said it could cause "conflict" and "confusion".

In the evidence submitted by the Office of Fair Trading to the Public Bills Committee on the Protection of Freedoms Bill, the privacy watchdog said: "In order to have an effective, transparent and consistent regulatory framework, it is essential that all the commissioners who have a role in overseeing camera surveillance have clear and complementary roles.

"Otherwise there is a risk that regulation becomes fragmentary, confusing and contradictory, especially if commissioners take different approaches."

However, a Home Office representative said that although there is some regulatory control on the use of CCTV and APNR, this is specific and therefore limited.

It said the growth in the use of these surveillance technologies had to balance the benefits they can provide privacy issues.

Regulating CCTV usage "would restore public confidence" and "data protection" would remain under the ICO's remit we were told.

"The Surveillance Camera Commissioner's role will be to promote, provide advice on and review the operation of the code, and he will be able to draw attention to any gaps in the code, or to make recommendations to ministers as he sees fit," said the Home Office.

However Alex Hanff, campaign organiser for Privacy International was not convinced.

"I have no great love for the ICO and don't think it does a good job in protecting people's privacy, but I don't see things changing with a new organisation," he said.

The Home Office said funds for the new organisation "would not exceed provision made for the current interim CCTV Regulator," which is currently up to £250,000 per annum. Forensic Science Regulator Andrew Rennison was appointed to this position in December 2009.

The public consultation on proposals to create a new privacy watchdog, which started on 1 March, will run for 12 weeks until 25 May and information on the proposed code of practice can be accessed on the Home Office website.