H&F Refuse FoI Request On CCTV Usage

Research group to carry out manual count of local cameras

Hammersmith and Fulham Council have refused to respond to a Freedom of Information request on the use of CCTV in the borough.

A research group known as the Identity Trust CIC requested the information as part of a project to try and identify how many CCTV cameras there were in certain parts of London and where they were located.

Out of 10 councils who were asked to supply the information, Hammersmith and Fulham was one of only two which refused, saying: “By releasing the information we would fail in a statutory function under the Crime and Disorder Act 1998, in failing to protect the public from crime and disorder within the borough.”

Following an unsuccessful appeal, the Identity Trust CIC has now referred the matter to the Information Commissioner and says it expects the IC will find Hammersmith & Fulham Council to be “in breach of the Data Protection Act”.

The Identity Trust's Mark Lizar said: “Hammersmith & Fulham has used the reason of S31 under the Crime and Disorder Act. The Council states that it is fearful of criminals planning and carrying out crime - which shows a misunderstanding of how CCTV works and is a mis-interpretation of the law. The Council does not have the power to spy on people with out them knowing it without using RIPA. In fact it calls into question whether the cameras used to enforce traffic laws through penalties are even legal unless they have a sign on them saying they are used for traffic control.”

In their letter to the Information Commissioner, the Identity Trust CIC write: “Identity Trust CIC asserts that the use of CCTV for reduction of crime is misleading the public trust, as research indicates that CCTV may increase a feeling of safety without decreasing crime. In addition, the lack of appropriate regulation and not knowing who is watching, and when citizens are being watched is not only a breach of trust but a serious breach of Article 8 (of the European Charter of Human Rights)”.

The Identity Trust CIC now plans to continue its research in Shepherd's Bush and Hammersmith by inviting local residents to take part in a manual count of CCTV cameras in the area. During the research event, which will take place on Saturday (August 22), volunteers will be asked to take a note of the locations of all CCTV cameras, including those owned by the Council as well as local businesses, from Hammersmith Broadway right up to Shepherd's Bush.

Lizar says he thinks people should not assume they are safer just because they are surrounded by CCTV cameras: “If a camera is fake and doesn't work, should it make you feel safer? In this way it misleads you and can cause you more harm. If a camera is operated but incorrectly so that it wont actually make you safer, is this okay? If a camera is abused to watch and profile you? It definitely doesn't make you safer. Digital technology is advancing rapidly, unregulated and it's out of control. Hammersmith & Fulham's refusal to provide CCTV camera information is an illustration of the type of paranoia surveillance breeds,” he said.

But the Council are convinced that CCTV is an effective crime-prevention and detection tool.
Councillor Greg Smith, H&F Cabinet Member for Crime & Street Scene, says: "CCTV cameras make criminals think twice about committing crime because they dramatically increase the chances that those same criminals will be caught and punished. Most CCTV cameras are there for all to see but there are occasions where the council does use covert CCTV to protect the public interest. The council only uses covert CCTV in cases of criminal or anti-social behaviour. Revealing the locations of these cameras is not in the interests of the silent majority of law-abiding residents who want us to catch these thoughtless criminals."

Yasmine Estaphanos

August 21, 2009