Neighbour installing Closed Circuit TV Systems (CCTV) at door entrance
The Enquiry
An enquirer found that the CCTV camera installed at the door entrance of his neighbour was pointed toward the public corridor and other entrances, causing distress to the enquirer and his family members whenever they passed by the door entrance of his neighbour. The enquirer would like to know whether the neighbour’s act contravened the requirements under the Ordinance.
Our Response
The Ordinance is principle-based and technology-neutral, it neither forbids the use of CCTV, nor restricts the location, quantity, or angle of the CCTV camera. Generally speaking, whether the use of CCTV is subject to the regulation of the Ordinance depends on whether there is collection of personal data. If a CCTV is used for real-time viewing without enabling any recording functions, the Ordinance would not be applicable, as no information has been recorded.
However, if the operator identifies and compiles information about a specific individual (such as neighbours) through the use of CCTV, it may involve collection of personal data and therefore be subject to the regulation of the Ordinance. In such case, the operator, as a data user, should comply with the requirements under the Ordinance, including the Data Protection Principles of Schedule 1 to the Ordinance, when collecting and using personal data. This includes collecting personal data in lawful and fair means, and taking practicable steps to inform the affected individuals that the recording function of CCTV camera has been activated and they are subject to surveillance. An effective way is to put up conspicuous notices at the entrance to the monitored area to serve as a reminder for the affected individuals.
(Uploaded in August 2024)