Security camera and data protection

[Suffolkated]

Does an external security camera (Nest system) pointing at the front door of a furnished holiday let contravene date protection laws?
Any advice gratefully received.

Thanks

[Robin S]

I'd start by reading Nest's terms of service and ensure there are no nasties but based on experience in my day job they'll pass responsibility of data ownership to you as a data processor to ensure you inherit that responsibility.

Gut feel is outside pointing, no... but worth running by a lawyer (legal helping or some such?)

[greenbarn]

See this from the ICO: https://ico.org.uk/for-the-public/cctv/

[Suffolkated]

Thanks Robin S and greenbarn for taking the time to reply. I checked out the link you suggested which was very useful.
I then decided to contact our local crime prevention team to see if they have any legal advice.I will let you know if I get an answer.

[amandajane]

To be honest your crime prevention people aren't likely to be experts in data protection law.

The first real question is whether your camera takes in anything outside your own land, so is your front door on the street for example? If so, you're still not breaking the law by having it but you should be registered with the ICO. You are then responsible for the data (images) that you process.

[Suffolkated]

Hi Amandajane,

Thanks for your reply. The front door is within a very small front garden, but I think it will be possible for us to position the camera so that it just points at the front door and some patio doors next to it.I believe the Nest system will keep the information stored for around 10 days, and then it is automatically deleted. We aim to put up a sign saying that CCTV is in operation, and inform anyone renting the property why it is there and what happens to the footage. We could switch it off when guests are staying there.
Thanks for the advice about registering it with the ICO.

[akwe-xavante]

I've had several telephone calls and exchanged many an email with my local council, the police and the ICO about putting a CCTV camera over a public footpath and the camera would of being capturing images of the public walking back and fourth.

I discovered that (at the time, 2014) I didn't require planning permission nor was it mandatory to join the ICO but it was strongly advised that I should comply with ICO's recommended rules and regs etc as although at the time they were not enforceable they would be soon (October 2015 I recall).

As I remember the only thing that they could get me on if I chose to do it was for the posting captured data / images of the public on a website and or social media sites, newspapers or posters in a public area and so on.

At the time both the council and the police were eager for me to place a CCTV camera over this public footpath but as things happened it no longer was required as the problems requiring a camera resolved themselves in the end.

I've explored the ICO's website fairly thoroughly and it's all common sense really.

If I felt there was a renewed need for CCTV I'd just do it now but make it clear to guests that there is a CCTV camera and why, what data is being recorded, when, where and for how long before its destroyed.

[CSE]

And yet one can have a mobile phone video or a dashcam video posted to social media with no controls.

[Suffolkated]

Thanks akwe-xavante,

That makes a lot of sense. We are planning on letting the property through an online holiday firm, and it was them that queried whether the camera would be legal.We figure that they can just alert holidaymakers to the presence of the camera at the time of booking.

As amandajane predicted , the crime prevention time just gave us a link to the ICO's website. I think no one seems to be willing to give simple straightforward advice-it is up to individuals to manoeuvre their way through all the red tape.

casasantoestevo -you make a really good point, but I guess anything mobile is much harder to enforce. We will aim to fulfill any criteria imposed by the ICO and hope for the best. Thanks for your input-much appreciated