The current CCTV Code of Practice (published in 2008) superseded the previous version (first published in 2000) and was revised to take account of changes in law, technology and use of CCTV. It now addresses the requirements of the HRA and in particular Article 8 of the European Convention and the judgment of the European Court in the Peck case. In addition to previous provisions such as those limiting retention and restricting disclosure of images to third parties it has been strengthened in significant areas. It now requires a systematic justification for the use of CCTV, improved quality of images and clear restrictions on the monitoring and recording of conversations in public spaces.
As regards the violation of Article 13, the Human Rights Act 1998 provides an effective remedy (see Bubbins against the United Kingdom, Resolution CM/ResDH(2007)101) .
The judgment of the European Court was published in European Human Rights Reports at (2006)26 EHRR 41. Advice to CCTV managers was added to the Home Office’s “Crime Reduction” website ( http://tna.europarchive.org/20100413151441/http:/www.crimereduction.homeoffice.gov.uk/regions/regions00.htm ) and was also provided to the national CCTV user group for dissemination to its members.
III. Conclusions of the respondent state
The government considers that the measures adopted have remedied the consequences for the applicant of the violations of the Convention found by the European Court in this case, that these measures will prevent new similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies