Following the recent enforcement notice from the Information Commissioner’s Office (ICO) to Hertfordshire Constabulary, ordering them to review its use of Automatic Number Plate Recognition (ANPR) cameras due to excessive use, the BPA would like to give some guidance to our members.

This decision follows the ICO’s investigation into Hertfordshire Constabulary’s extensive use of ANPR cameras surrounding the town of Royston. The use of these cameras has effectively made it impossible for anyone to drive their car in and out of Royston without a record being kept of the journey. The scheme is regularly referred to as ‘the ring of steel’.

Following a joint complaint about the scheme from the privacy groups Big Brother Watch, Privacy International and No CCTV, the ICO began an investigation to see whether the use of the cameras was justifiable and complied with the Data Protection Act. The ICO found that the constabulary failed to carry out any effective impact assessments before introducing the system of cameras. As a result it has not been able to give a satisfactory explanation to justify their use.

The ICO has now ruled that the collection of the information is unlawful – breaching principle one of the Act – and excessive – breaching principle three. Hertfordshire Constabulary has been issued with an enforcement notice ordering the force to stop processing people’s information in this way, unless they can justify the ANPR cameras use by way of a proper privacy impact assessment, or similar such assessment.

ICO Head of Enforcement, Stephen Eckersley, said:

“It is difficult to see why a small rural town such as Royston, requires cameras monitoring all traffic in and out of the town 24 hours a day. The use of ANPR cameras and other forms of surveillance must be proportionate to the problem it is trying to address. After detailed enquiries, including consideration of the information Hertfordshire Constabulary provided, we found that this simply wasn’t the case in Royston.

“We hope that this enforcement notice sends a clear message to all police forces, that the use of ANPR cameras needs to be fully justified before they are installed. This includes carrying out a comprehensive assessment of the impact on the privacy of the road using public.”

You can view the Hertfordshire Constabulary enforcement notice here.

The BPA generally supports the use of CCTV and ANPR technology as a method of managing parking both on and off street. However, there are a number of considerations associated with the use of technology in this environment and it is important that protocols exist to identify enforcement activity which might be considered excessive or disproportionate.

If these technologies are used, the benefits should be explained clearly in human terms, not just in those reaping precision and efficiency benefits. It must be made clear to the public why a new system is being introduced, that it is intended to manage parking for the majority of users and not for revenue raising.

The ICO has published a CCTV Code of Practice that explains how CCTV and other forms of electronic surveillance, including ANPR cameras, can be used in compliance with the Data Protection Act. You can also view the eight key principles of data protection here.

BPA Parking Practice Note 12 – CCTV or Parking Facilities also contains some useful information and can be viewed on our website here by BPA members. Alongside this BPA members can also contact the Information Commissioner direct via their website or we can ask the ICO questions on behalf of members.