Taxi Driver Online

Council ordered to stop unlawful recording of taxi passengers’ conversations

News release: 25 July 2012


Southampton City Council has been ordered to stop the mandatory recording of passengers’ and drivers’ conversations in the city’s taxis, the Information Commissioner’s Office (ICO) announced today.

Since August 2009, the council has required all taxis and private hire vehicles to install CCTV equipment to constantly record images and the conversations of both drivers and passengers.

The ICO has ruled the council’s policy breaches the Data Protection Act, concluding that the recording of all conversations is disproportionate given the very low number of incidents occurring compared to the number of trouble free taxi journeys. An enforcement notice has been issued to the council who now have until 1 November to comply.

Information Commissioner, Christopher Graham, said:


“By requiring taxi operators to record all conversations and images while the vehicles are in use, Southampton City Council have gone too far.

“We recognise the Council’s desire to ensure the safety of passengers and drivers but this has to be balanced against the degree of privacy that most people would reasonably expect in the back of a taxi cab. It is only right that the privacy of drivers and passengers is respected. This is particularly important as many drivers will use their vehicles outside work. While CCTV can be used in taxis, local authorities must be sensible about the extent to which they mandate its use, particularly when audio recording is involved.”

The ICO has recently investigated a similar policy that was proposed by Oxford City Council. The ICO took preliminary enforcement action stating that the recording of passengers’ and drivers’ conversations in the city’s taxis would breach the Data Protection Act. The council have now suspended the implementation of the policy.

The Commissioner continued:


“We hope this action sends a clear message to local authorities that they must properly consider all the legal obligations on them before requiring the installation of CCTV or similar equipment and that audio recording should be very much the exception, rather than the rule.”

The Data Protection Act states that organisations can only collect personal data when it is fair and lawful to do so. For CCTV equipment in taxis, the ICO advises that images should only be recorded where it is clearly justifiable. Audio recordings should only be made on very rare occasions, for example where there are a high number of serious incidents and where recording is triggered due to a specific threat in a taxi cab.

A copy of today’s enforcement notice served to the council can be found on the ICO's Taking action page.



Notes to Editors

1. The Information Commissioner’s Office upholds information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

2. The ICO has specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.

3. The ICO is on Twitter, Facebook and LinkedIn, and produces a monthly e-newsletter. Our press office page provides more information for journalists.

4. Anyone who processes personal information must comply with eight principles of the Data Protection Act, which make sure that personal information is:
•Fairly and lawfully processed
•Processed for limited purposes
•Adequate, relevant and not excessive
•Accurate and up to date
•Not kept for longer than is necessary
•Processed in line with your rights
•Secure
•Not transferred to other countries without adequate protection

5. Enforcement notices are subject to a right of appeal to the (First-tier Tribunal) General Regulatory Chamber against the imposition of the notice. Any Notice of Appeal should be served on the Tribunal within 28 days of the date on which this Notice is served.

http://www.ico.gov.uk/what_we_cover/tak ... px#notices

http://www.ico.gov.uk/news/latest_news/ ... 72012.aspx

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I suppose this is one reason that the LC want national mandatory standards for private hire, which licensing councillors can't meddle with, so as to avoid this kind of BUUUUUUUUULLLLLLLLLLLSHIIIIIIIIIIIIIITTTTTTT!!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

So how can a driver prove he's been verbally abused?

So how can a driver prove he's been verbally threatened?

So how can a driver prove he hasn't made suggestive comments?


Great day for the scumbags we pick up

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

open season on drivers.

_________________
C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

If you get the correct system I don't think it's a great day for the scumbags.

the correct system being one where you have to press a button to start recording ? thats how our local cctv system works and catches absolutely nowt unless its a big fight and very obvious

or do you mean one where only the police have access to the recordings and can refuse to review them rendering the data useless

_________________
lack of modern legislation is the iceberg sinking the titanic of the transport sector

I don't think this means that drivers can't have them in, I just think it means that councils can't make it mandatory.. in other words.... you can have them if you want...

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

That's Fecking ripe..Being told not to record passengers voices for fear of it infringing their rights by one of the most all Invasive, Snooping, security camera driven, Email recording, phone tapping Governments in the World.......HMG

Its bloody ridiculous.

Isn't the UK wonderful?

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

It's not perfect but the Scottish Parliament aint going to be any better..

Actions speak louder than words bloodnock. No point complaining about what you want to keep.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Theres good and bad in every government in any country in the world, Your shower would be as bad as it gets so I'd much rather stick with what we have as have the indies come along and feck things up big time..

The Idea of being watched over galls me..but the Idea of being run by a bunch of zealous green Tree huggers or Ecks EU fan club and green windmill brigade makes me want to throw up...guys a clown and it's becoming more obvious by the day that he's going to lose big time and with no second question he's history...

Change the record, its worn out.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

They can't, but the sad f***ers moaning are doing so because they don't want CCTV full stop.

But they use the audio issue as a bat to hit councillors with, leaving the trade with having to have a system that can't be used to it's full effect.

However as long as the data controllers says it's needed in the cab that he is data controlling, then audio is 100% legal.

I will repeat that for the c**** down here who tried a Southampton and failed miserably, 100% f***ing legal.

_________________
IDFIMH

If you spent less time winding the fechin Gramophone up, the less you'd hear it play