CCTV is proving a hot topic for schools, with complaints from parents and enforcement notices from the Information Commissioner. The technology can prove beneficial for staff and pupils but requires striking a fine balance between safety and privacy.
Recently, a number of schools have installed CCTV in toilets in a positive attempt to stop pupils missing lessons. A school in Bridgend, Wales fitted cameras in communal areas of toilets to discourage pupils from hanging around when they should be in class. Two secondary schools on the Isle of Man made a similar move to reduce lesson time being missed due to toilet breaks.
In addition to supporting punctuality and attendance in lessons, CCTV can help to safeguard pupils and deter vandalism. The minister for education, sport and culture on the Isle of Man claimed that one of the secondary schools which had installed cameras had been spending £1,000 per week to fix damages in toilets.
The Bridgend school reportedly opted for CCTV at the request of some pupils. And in Wolverhampton, a parent has called for all special schools to have camera surveillance after one caught a teaching assistant attacking her son.
There is no specific law that prevents surveillance cameras in schools, including installation in toilets. However, their use must be proportionate and justified – and it’s this point that can inadvertently lead to controversies.
Parents have raised concerns about the invasion of their children’s privacy. In the Isle of Man, some started a petition and both secondary schools were ordered to take down cameras by the information commissioner after it found that they breached data protection legislation.
Understanding and adhering to the Data Protection Act (2018) and UK GDPR can enable schools to ensure they use CCTV in a proportionate and justified manner. This can help to respect and protect pupils’ privacy, satisfy parents and avoid enforcement action for improper use.
The UK GDPR is based on six principles. These include ‘purpose limitation’ and ‘data minimisation’ – good starting points for determining the exact need for CCTV.
Introducing cameras can lead to a backlash from parents
Whether cameras are being installed in less sensitive areas such as entrances and corridors or areas where there’s a higher expectation of privacy including toilets and changing rooms, staff must be clear about why they are collecting data (images of pupils) and keep the amount and processing of data to a minimum.
Thinking about these principles will allow schools to consider any exceptional circumstances, which is particularly important when looking at CCTV monitoring and recording in more private areas. The Information Commissioner’s Office (ICO) may consider exceptional circumstances as being the risk of violence, sexual misconduct and drug misuse.
However, exceptional circumstances do not give schools an automatic right to use CCTV in toilets or similar areas. Further due diligence is required, including the thorough consideration of alternative measures to using CCTV. Guidance published by the ICO advises that schools should seek less intrusive measures to solve any particular problem.
Further consideration and due diligence should also cover a full assessment of camera locations to achieve the specific purposes of recordings, as well as an impact assessment on the rights and freedoms of individuals under data law. There may also be a requirement to limit audio recordings or to clearly determine why this is appropriate.
If schools do opt for CCTV, whether in high-privacy areas or less contentious settings, they should also be led by at another key principle of the UK GDPR: ‘lawfulness, fairness and transparency’.
In many cases, introducing cameras can lead to a backlash from parents because of a lack of transparency. Consulting parents before installing cameras can help to explain their intended and required purpose. It can also help to clearly communicate how monitoring and recordings will be managed and limited to manage parents’ expectations and address any possible concerns.
Schools can ensure further transparency by installing signage that confirms CCTV is in operation and provides contact details for people to find out more information about exercising their rights under data protection law.
Prior to installation, schools should also complete a data protection impact assessment to demonstrate how they are complying with all the UK GDPR principles.
It’s also advisable for schools to carry out checks of the company providing the CCTV to determine that data will be kept secure, and to also ensure the correct data processing terms are included in their terms and conditions. Checks should also cover where data will be hosted to confirm this complies with the UK GDPR and the school’s own data protection policy.
CCTV in schools can prove an effective measure for safeguarding pupils and staff, but it must be supported by a robust policy based on the principles of the Data Protection Act and UK GDPR. Taking this step will help schools to adhere to legislation and could prevent alienating parents and pupils.
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