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wannabeeahack
PostPosted: Sat Jan 23, 2021 1:21 pm 
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The law states that the processing of personal data should be necessary for its purpose and proportionate. So where a taxi is being used by a driver for their own private or domestic purpose, continuous recording is likely to be unlawful, unfair and excessive under data protection legislation and in breach of Article 8 of the Human Rights Act 1998.

It’s not just continuous recording that raises concerns. There’s also the question of who controls the processing of this data. In most circumstances a council which instructs systems to be installed should be responsible for the data. It’s the council which is the data controller, not an individual taxi driver. Councils need to make sure they understand this part of the law.

Before introducing any new CCTV or surveillance system, councils need to stop, think and check that they’ve taken the appropriate mitigating actions to minimise the risk of the loss or misuse of personal data captured by CCTV. The ICO has powers to stop the processing of personal data and to take action against any organisation breaking the law.

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wannabeeahack
PostPosted: Sat Jan 23, 2021 1:22 pm 
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Conduct a Data Protection Impact Assessment (DPIA)
Data protection law has changed - new legislation states that Data Protection Impact Assessments (DPIAs) must be carried out prior to the roll-out of any intrusive surveillance system - CCTV in taxis is likely to be one of these systems. You need to be able to demonstrate you have conducted a DPIA to the ICO.


Quote:
Data protection impact assessments
Where a type of processing of personal data, using new technology, and considering the
nature, scope, context and purposes of the processing, is likely to result in a high risk to the
privacy of individuals then Officers MUST prior to the processing, carry out an assessment of
the impact of the envisaged processing operations on the individuals

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heathcote
PostPosted: Sat Jan 23, 2021 1:27 pm 
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Joined: Mon Jan 18, 2016 6:56 pm
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wannabeeahack wrote:
The law states that the processing of personal data should be necessary for its purpose and proportionate. So where a taxi is being used by a driver for their own private or domestic purpose, continuous recording is likely to be unlawful, unfair and excessive under data protection legislation and in breach of Article 8 of the Human Rights Act 1998.

It’s not just continuous recording that raises concerns. There’s also the question of who controls the processing of this data. In most circumstances a council which instructs systems to be installed should be responsible for the data. It’s the council which is the data controller, not an individual taxi driver. Councils need to make sure they understand this part of the law.

Before introducing any new CCTV or surveillance system, councils need to stop, think and check that they’ve taken the appropriate mitigating actions to minimise the risk of the loss or misuse of personal data captured by CCTV. The ICO has powers to stop the processing of personal data and to take action against any organisation breaking the law.



Then Councils should pay for all CCTV systems installed at their behest in licenced vehicles.
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Sussex
PostPosted: Sat Jan 23, 2021 6:45 pm 
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Quote:
So where a taxi is being used by a driver for their own private or domestic purpose, continuous recording is likely to be unlawful, unfair and excessive under data protection legislation and in breach of Article 8 of the Human Rights Act 1998.

But surely that should be a case of the authorities not being able to view CCTV when the driver isn't working, rather than it shouldn't operate.

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wannabeeahack
PostPosted: Sun Feb 14, 2021 7:54 am 
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Our new policy (same copy/paste they are all using) came in April 1st 2019

they HAD wanted CCTV on that date and Euro6 for diesels (only 10 out 150 on fleet were euro 6)

we objected and both got knocked back to April 1st 2022

We arent a CAZ

Cannock got CCTV removed from policy. Tamworth its OPTIONAL

If a dashcam looking inside was acceptable id be happy with that

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