Recent events in Derbyshire have highlighted critical CCTV compliance issues in the UK, particularly regarding public space surveillance. As CCTV compliance experts working with both UK organisations and international bodies, SPP Solutions provides this analysis of the legal implications.
On 13 March 25, a BBC Investigation revealed:
https://www.bbc.co.uk/news/articles/cgj5n9dzypjo
“There are calls for a Derbyshire council to carry out a review of a CCTV camera in a female public toilet facility after the BBC found the inside of a cubicle is partially visible”.
While shocking, this is not an isolated case of the misuse of CCTV in the UK by Local Authorities and other Public Bodies.
Here is what we say in response to the Council’s claims that it is not breaking Data Protection law.
Privacy Rights and CCTV Surveillance
Installing a CCTV camera in a female public toilet raises serious legal and ethical concerns not just under the Data Protection Act 2018 (DPA18) and the General Data Protection Regulation (GDPR) but also the European Convention on Human Rights (ECHR)
Key legislative requirements for CCTV installation include:
Violation of Privacy Rights (Article 8 ECHR)
The European Convention on Human Rights (ECHR), incorporated into UK law through the Human Rights Act 1998, protects the right to privacy.
Surveillance in a toilet, even for security reasons, is a serious intrusion into an individual’s expectation of privacy.
Any justification for such monitoring must be necessary, proportionate, and justified, which is highly questionable.
Breach of Data Protection Laws (DPA18 & GDPR)
The GDPR and DPA18 require that personal data, including CCTV footage, is collected lawfully, fairly, and transparently (Article 5 GDPR).
Surveillance in a highly sensitive location like a public toilet is likely to be excessive and disproportionate, violating data minimisation principles (Article 5(1)(c) GDPR).
Individuals using the toilet would not reasonably expect to be recorded, making consent invalid on a lawful basis.
There may also be issues of special category data under Article 9 GDPR if the footage indirectly reveals sensitive information about an individual’s health, gender identity, or other protected characteristics.
Lack of Necessity & Proportionality (ICO Guidance)
The Information Commissioner’s Office (ICO) states that CCTV must be used only where necessary and must be the least intrusive method available.
Alternative security measures, such as enhanced lighting, increased patrols, or secure fixtures, would be less intrusive than installing a camera in a toilet.
Even if vandalism is an issue, recording inside a private area is excessive when vandalism could be monitored at the entrance or surrounding areas.
Potential Criminal Law Implications (Voyeurism & Harassment)
Under the Sexual Offences Act 2003, placing a camera in a toilet could constitute voyeurism if it records individuals in a state of undress or engaging in private acts.
Depending on how the footage is used or accessed, there may be a risk of misuse or abuse, which could lead to additional legal consequences.
Conclusion
Installing a CCTV camera in a female public toilet is highly likely unlawful under UK data protection and privacy laws. The lack of necessity, proportionality, and justification breaches DPA18 and the GDPR.
The Derbyshire Dales District Council could face enforcement action from the ICO, including fines or orders to remove the camera. Affected individuals may also have grounds for a legal complaint or claim for damages due to the invasion of privacy.
Expert CCTV Compliance Support
Remember: “Your eyes on Compliance”.
SPP Solutions offers free CCTV audits and comprehensive CCTV consultancy services. As international CCTV compliance experts working with both UK organisations and Dubai’s Security Industry Regulatory Agency (SIRA), SPP Solutions offers:
Free initial compliance audits
Legislative compliance reviews
System optimisation
Staff training
Email info@SPPsolutions.com for expert guidance on your CCTV compliance needs.”
