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CCTV and the Data Protection Act Introduction The position of a CCTV system in relation to privacy was uncertain up to the publication in March 2000 of a Code of Practice to the Data Protection Act

The only area of uncertainty is where the data will be held and whether this information must be processed under the Data Protection Act. With hindsight, it is clear that the Data Protection Act was initially intended to apply as a 'framework' rather than as a statutory definition. This is a problem, because in practical reality, the legal definition of electronic data processing is not sufficiently precise. For example, the definition states that: 'Data shall be defined and implemented by the Commission according to the following elements. 1. Data elements 2. Processing data elements 1. Data Elements The basic elements of a system for the collection, storage, use and processing of electronic data are: 'Data elements shall be: 1. Computer Program Elements 2. Data elements for use in the processing of data elements 2. Data elements for processing of data elements 3. Storage System The requirements for access to such information by a data subject or the requirement to make it available can only be fulfilled in a manner that allows the system to implement the Data Protection Act. The Code also states that 'The collection must be automated, i.e. the data elements for use in the processing must be automatically generated. The data elements for use in the processing must then form the basis of a set of computer program instructions which in turn constitute a complete or sufficiently complete 'system.' The Code identifies two classes of software in any computer system capable of data processing: 'Software that operates in the traditional format of the computer program (e.g. program manuals, operating manuals, manuals for applications) may be used in accordance with this Code if it contains sufficient description, explanation and instructions for use in the software that the data subject can read, and it does not make use of an external storage medium which makes it difficult or impossible for the data subject to verify whether the instructions correspond to the program The 'Programs, manuals and similar material which are used exclusively for the processing, storing or retrieving of information on a computer program The following Code of Practice is intended to establish a uniform policy for the protection of the processing of electronic data by systems or services that meet one or more of the criteria prescribed in the Code. This is a matter for the Commission and is therefore not subject to interpretation by the courts and authorities. Some elements of this Code are included in Annexes to the Directive, the Commission Directive and the Commission implementing measure.

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