Installing domestic surveillance

Council tenants and leaseholders only need to request permission from Stevenage Borough Council before installing domestic surveillance such as CCTV or doorbell cameras if the device will be fitted to the fabric of the building using screws, nails or hooks or where fixed wire installation is required.

You can request permission through an alterations form. Please read the improvements procedure before applying.

Residents must not install devices in a way that damages or compromises fire doors, communal doors, walls or ceilings in a communal area.

Any installation affecting fire safety may require immediate removal.

If permission is refused or subsequently withdrawn, you will be required to remove the device.

Permission may be reviewed or withdrawn where devices create fire safety risks, cause nuisance, breach data protection requirements, generate complaints, or are operated outside approval conditions.

If you fail to obtain the necessary permission, or if you breach any conditions relating to the installation or operation of the device, action may be taken for breach of the lease or tenancy agreement.

Using domestic surveillance responsibly

You must use this surveillance in a way that respects other people's privacy and understand the laws that may apply to you.

If you set up your system so it captures images within the boundary of your domestic property (including your garden), then the data protection laws will not apply to you.

• If your system captures images of people outside the boundary of your private domestic property for example, in neighbours' homes, shared spaces including communal landings, stairwells and walkways, bin stores, parking areas or on a public footpath or a street the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 will apply to you, and you will need to ensure your use of CCTV meets these legal requirements.

Residents should avoid positioning cameras so they routinely monitor communal areas (for example, corridors, stairwells, entrances, bin stores or parking areas) unless there is a clear and justifiable reason. Extensive recording of these areas may result in complaints and a review of any permission granted.

When setting up surveillance systems, consider the following:

• What is the most privacy-friendly way to set up the system?
• What areas do I want the cameras to capture?
• Can I position the cameras to avoid intruding on my neighbours' property or any shared or public spaces?
• Do I need to record the images, or is a live feed enough?
• Where a system has an audio-recording facility, this should be disabled as it is very privacy intrusive.
• Footage obtained through domestic surveillance systems should not be shared on social media or with third parties where individuals can be identified, unless there is a lawful basis. Inappropriate use may lead to complaints, ICO involvement or legal action.
• You must maintain records of how and why you are capturing images outside the boundary of your home and for how long you are keeping them. You may need to make these records available to the Information Commissioner's Office (ICO) on request.

The ICO data protection guide may help you understand your responsibilities.

If your CCTV captures images of people outside the boundary of your home

If your CCTV captures images beyond your property boundary, then your use of the system is subject to data protection laws. This means that, as the CCTV user, you are a data controller and must uphold the rights of the people whose images you are capturing. You can still capture images, but you need to show you are doing so in ways that comply with data protection law.

If you are capturing images beyond your property boundary, you should have a justifiable reason for doing so. You may need this reason if you are asked by an individual or the ICO.

When capturing images outside the boundary of your home, you will need to ensure that you:

• put up signs saying that CCTV recording is taking place and why
• don't capture more footage than you need to achieve your purpose in using the system
• keep the recordings securely and ensure nobody can watch them without good reason
• delete recordings when they are no longer needed
• operate the CCTV system in the way you intend and ensure that other household members understand how to use it responsibly so that the system is not misused.

Respecting the data protection rights of people whose images you capture

You also need to make sure you respect the data protection rights of the people whose images you capture.

• Individuals have a right to access the personal data you hold about them, including identifiable images. They can ask you verbally or in writing. You must respond within one month and provide them with a copy of the data.
• If people ask you to delete your footage of them, you should do this within one month. You can refuse to delete it if you need to keep it for a legal dispute. Tell them this and that they can challenge your decision in court or complain to the ICO.
• Consider any objections you receive from particular people about capturing their images and think about whether you need to record images beyond your property boundary.

If you fail to comply with your obligations under data protection law, the ICO may take enforcement action. This could include a fine. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.

Enforcement

Failure to comply with this guidance may result in the council requiring the removal of the surveillance device and taking tenancy or leasehold enforcement action. This is particularly likely where the installation or use of the device creates safety risks, causes damage to council property, breaches data protection requirements, creates nuisance, breaches tenancy or lease obligations.