Privacy Commissioner - Te Mana Matapono Matatapu

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New guidance on Privacy and CCTV : Media release

22 October 2009
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The Privacy Commissioner has released new guidance on how businesses, local government and other agencies can use CCTV (camera surveillance systems) while still protecting privacy.

"CCTV is proliferating, in New Zealand as well as overseas" said Privacy Commissioner Marie Shroff. "It seems that everywhere you look, someone has a camera trained on you. This raises questions such as what exactly the images are being used for, how secure they are from misuse or unauthorised viewing, whether the cameras are unnecessarily intrusive and so on."

"We saw a real need for the Privacy Commissioner's Office, as the watchdog in the privacy area, to help businesses to deal properly with the privacy issues that CCTV systems create. There was very little guidance available to business and government, and so this will go some way to filling that gap.

"CCTV has an important role to play in detecting and prosecuting crime, and even deterring some types of crime. But this does not need to be at the expense of privacy. People need to trust that the information the cameras collect will not be misused," said Marie Shroff.

The new guidance material gives businesses and agencies practical and easy-to-read advice about such things as:

• deciding whether CCTV is right for them;
• planning the system properly;
• selecting the appropriate technology and positioning cameras;
• making employees, customers and others aware that CCTV is operating;
• storing and retaining the images; and
• giving people access to images of them.

View the Guidelines and the summary of guidelines and checklist.

ENDS
For further information contact: Cathy Henry 021 509 735 or 04 474 7610

Notes for Editors

Why did the Privacy Commissioner decide to do guidance on CCTV?
CCTV is proliferating in New Zealand and overseas. The technology is getting smarter and cheaper all the time. It is therefore accessible even to small businesses, and what agencies can do with the information is increasingly sophisticated. The result is that we are caught on camera more and more often - and we don't usually have any choice in the matter. It is possible for businesses and other organisations to set up their CCTV systems to manage people's privacy concerns successfully while also achieving their original aims.

Who are the guidelines aimed at?
Anyone in NZ who wants to set up and/or operate CCTV. They apply equally to public and private sectors and to organisations of all sizes. These include government departments, hospitals, schools, businesses, retailers, large corporations such as banks, and small businesses.

Why should businesses use this guide?
Businesses are usually aware that CCTV raises privacy concerns but up to now have not been sure how to handle them. This guide aims to give them some practical and easy advice to follow.

Asking the right questions from the start can save a significant amount of unnecessary expense. For instance, CCTV isn't right for every business - it isn't the panacea it is sometimes made out to be. And even if there is a good reason to have CCTV, how it is set up and managed has a real impact on whether it is effective and whether it is going to unnecessarily damage the trust that customers or employees have in the business.

What happens if businesses or other agencies don't follow the guidance?
The guidelines are voluntary. There is no legal obligation to follow the guidance. Though, for many organisations and businesses following the guidance is the easiest way for CCTV users to make sure they comply with the law - for example their obligations to keep camera images safe, to only use the footage for the purpose for which the system was set up, or to ensure that they are not being unreasonably intrusive.

Do the guidelines impose regulation, extra rules or compliance costs?
No

Does the Privacy Commissioner have to approve the installation of CCTV?
No

Who did the Privacy Commissioner consult with in developing the guidelines?
The guidelines were peer reviewed by a range of local government and government agencies, private sector organisations which use CCTV cameras and consultants and who give advice on CCTV use.

How many CCTV cameras are there in NZ?
We don't know exact numbers; they are used by a wide range of organisations, businesses, individuals - there are no requirements to register their use. We would estimate tens of thousands. There are said to be more than 100 CCTV cameras in Queen Street, Auckland alone.

How many times would a person be caught on CCTV a day?
Typically going about your day in NZ, you could expect to be recorded on CCTV walking down the main street, when you go into a bank or use an ATM machine, while supermarket shopping, getting petrol, driving through main traffic areas or intersections, going to a museum, art gallery or cinema, or going to the hospital.