UK Government Refuses To Impose Privacy Rules On Surveillance Cameras In Hospitals
from the instead,-why-not-try-doing-what-you-already-tried-and-doesn't-work? dept
As we've noted before, the UK is infamous for the number of surveillance cameras that dot the land. They've become so much a part of British life that there is an official Surveillance Camera Commissioner, whose job is to encourage compliance with an official surveillance camera code of practice. The basic principle of the code is the following:
Use of a surveillance camera system must always be for a specified purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need.
However, the Commissioner's powers are very circumscribed:
The commissioner has no enforcement or inspection powers and works with relevant authorities to make them aware of their duty to have regard to the code. The code is not applicable to domestic use in private households. The commissioner also must consider how best to encourage voluntary adoption of the code by other operators of surveillance camera systems.
As that makes clear, there are no enforcement powers to compel recalcitrant authorities to bring their surveillance into line. Still, the Surveillance Camera Commissioner does what he can, for example by pointing out situations that he regards as problematic. Here's one he spotted: the increasing use of body-worn surveillance cameras (pdf) in the UK's National Health Service (NHS) hospitals.
The introduction of body-worn video cameras at several hospitals has increased my concerns. Body-worn video cameras are a particularly intrusive device as they capture audio and video simultaneously without the option of switching either off whilst recording.
As the Commissioner points out, hospitals are unusually sensitive environments for surveillance cameras:
The NHS trusts are complex organisations that use surveillance camera systems in public areas where people under surveillance are likely to be vulnerable and distressed, and where the privacy requirements and burden on those conducting transparent, legitimate and proportionate surveillance is surely at its highest.
In order to ensure that surveillance cameras are being used appropriately, the Commissioner asked the UK government to add NHS hospitals to the list of organizations that are obliged by law to comply with the code of practice. The UK government has refused (pdf), writing to the Commissioner as follows:
When we met on 18 October, I indicated that I was not minded to amend the code to expand the list of relevant authorities [that must comply with the surveillance camera code of practice] because I considered that we had not exhausted the possibilities of increasing voluntary compliance with its requirements. That remains my position.
Reasonable enough, you might say. Except that the Commissioner had previously explained to the UK government that he had already tried asking for "voluntary compliance", only to be told by the hospitals that "they could not enforce compliance with guidance that was not mandatory". A cynic might almost think the UK government doesn't really care what its Surveillance Camera Commissioner recommends.
Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: cctv, hospitals, privacy, rules, surveillance camera commissioner, surveillance cameras, uk
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
When th UK is compared to countries with worse surveillance laws and powers ans still cuts off thieves hands or stone adulterers to death, or have people disappear, comments like 'we dont do that' come out. That maybe true atm bht for how much longer?
[ link to this | view in chronology ]
Re:
My former colleague was hit by a car in Liverpool. CCTV all over the place. He suffered for months from his injuries and the driver was never caught. Do half of these cameras even work?
[ link to this | view in chronology ]
Re: Re:
I don't have a problem with Camera's out in the public outside. People are on Camera all the time, even in other places besides the UK, though the UK has taken it to a whole new level or 5. Body Camera's in hospitals I do take issue with.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
And, for extra safety, just use one finger.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
https://www.google.com/search?q=cops+turn+off+body+cameras&ie=utf-8&oe=utf-8#q=+cops+turn+of f+body+cameras
Pfft. They need to have themselves a little talk with Chicago and DC police. Amateurs.
"The commissioner has no enforcement or inspection powers and works with relevant authorities to make them aware of their duty to have regard to the code."
Kind of like what the FCC is going to become.
Surveillance is like a weed. Unless stopped early it spreads uncontrollably.
[ link to this | view in chronology ]
welcome to the pornospitals
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Obviously
Well, Duh!
[ link to this | view in chronology ]
UK government's ultimate goal is to have surveillance cameras inside people's houses. Like Big Brother.
[ link to this | view in chronology ]