Want to know what's new in the world of UK privacy law? Today's your lucky day. Our next guest on A Little Privacy, Please!® is Jas Kaur. Jas is a senior manager and senior legal officer at Autodesk in the UK. She's here today to share insights on UK privacy issues.
And before we get started, please note that the opinions shared by Jas Kaur on this episode are her own and not representative of Autodesk.
Watch this episode of A Little Privacy, Please!
I want to ask you about CCTV cameras in the UK. Are there privacy laws that govern the use of CCTV cameras on private property?
The use of recording equipment, such as CCTV or smart doorbells, to capture video or sound recordings outside the user's property boundaries is not a breach, per se, of UK data protection laws. People should try to point their CCTV cameras away from their neighbors' homes and gardens, shared spaces, or public streets so as to not capture images or things that aren't associated with the property, but this is not always possible.
Are there other specific rules that apply to fixed cameras?
- There are rules that apply to fixed cameras.
- Tell people that they are using recording equipment.
- In most circumstances, provide recordings if asked by a person whose images have been captured.
- Regularly or automatically delete footage.
- In most circumstances, delete recordings of people if they ask.
- Stop recording a person if they object to being recorded, but only if it is possible to do so. For example, if they can point a camera in a different direction but still use it for the same purposes, e.g., keeping their property safe.
But these rules are very hard to enforce. The police aren't breaking down doors in London to confirm that someone with a security camera has deleted footage that someone objected to. If you have an issue with a neighbor's camera recording you or your family, you're certainly welcome to speak to that person.
Facial recognition is a hot topic right now in the U.S. Is it permitted in the UK? What's the law status on that?
It's also quite controversial in the UK. The Information Commissioner's Office (ICO) recently ruled that the software called "Facewatch," which some retail stores use for real-time scanning as people enter a store and will flag subjects of interest, complies with the UK surveillance camera code of practice and the UK GDPR. I believe Facewatch was the first great facial recognition product to be approved by the ICO.
I read there's momentum among members of Parliament for a new data law that would dramatically reduce pointless paperwork and reduce cookie pop-ups. Can you tell us a little bit about that?
The Data Protection Additional Information Bill. It was first introduced in 2022, but it's been revised quite a bit to make it easier to comply and less cumbersome for businesses. The new bill would, amongst other things, reduce the amount of paperwork organizations need to complete to demonstrate compliance with the data and privacy obligations and increase public and business confidence in AI technology by clarifying the circumstances when robust safeguards apply to automated decision-making.
It would also establish a framework for using trusted and secured additional verification services that allow people to prove their identity digitally if they choose to do so. This will allow customers to create certified digital identities that make it easier and quicker for people to prove things about themselves. Finally, it would ensure businesses can continue using their existing international data transfer mechanisms to share personal data overseas if they already comply with current UK data laws.
Is there a particular privacy issue that you found to be particularly thorny, one that woke you up at three in the morning in a cold sweat?
I think the way the UK is generally going, after Brexit, creating our own privacy legislation, and with AI coming in, there's a lot for us to consider.
We need to maintain adequacy with the EU and globally as well because there will be a lot of data transfers. For businesses to survive, we need to make it easier for them to do business. It doesn't necessarily keep me up at night, but it's definitely one that I keep an eye on because it's the way that we'll be moving forward.
