Why You Need A CCTV Policy

WHY YOU NEED A CCTV POLICY

By Tuebi S.O Egbuson Esq

Associate, Bezaleel Chambers International

Tuebisolomon@gmail.com/07012290819

INTRODUCTION

A Closed-Circuit Television, popularly known as CCTV, is a device necessary for security surveillance. As a business/shop owner, CCTV is highly fundamental for the businesses’ operations, however the due diligence doesn’t just stop at installing the CCTV! One must have a CCTV policy in place to absolve them of potential liabilities that will definitely come back to bite you in the bum. This excerpt will analyse said liabilities and the necessity of having a CCTV policy.

A CCTV policy simply highlights the stance of an enterprise or shop on how the CCTV camera is to be managed, operated, and used by the organization in such a way that the privacy rights of Nigerians are protected. The significance of a CCTV policy stems from the 2019 Nigerian Data Protection Regulation (hereinafter referred to as NDPR) which was created by the National Information Technology Development Agency (hereinafter referred to as NITDA). The NDPR seeks to safeguard the rights of natural persons to data privacy, foster safe conduct for transactions involving the exchange of Personal Data, prevent manipulation of Personal Data etc. The footage derived from CCTV amounts to processing of data as defined by the NDPR and as such must be done in accordance with the law. In line with the NDPR, the following principles must be followed for the operation of CCTV;

1. The recording must be lawful: note that you cannot place CCTV in places that ought to be private (toilets/changing rooms).
2. It must be used for a specific purpose: that is, it must be used for the purpose its policy claims its in use for and nothing more.
3. The processing must be adequate: one must employ the use of standard cameras and not the ones that can capture beyond clothing and it shouldn’t be outside the scope of the premises it seeks to capture.
4. Footage must be true and accurate: footage should not be meddled or altered with ‘photoshop’ tools.
5. Footage must be stored in a safe manner. As such, it should not be accessible to the general public.
6. Footage cannot be kept forever, as it should only be kept for as long as necessary.

CONCLUSION & ADVICE

Being in breach of any of these guidelines will translate to being in breach of the NDPR. This may necessitate hefty fines/penalties from NITDA and in some cases a jail term. It is imperative to seek advice from a legal practitioner to aid in navigating the intrinsic legal issues that emanate from the operation of CCTV.

For Further enquiries/clarifications contact; Email; tuebisolomon@gmail.com tel; +234 701 22 0819 office; No 1 Durban Street, Wuse 2, Abuja, Nigeria.

MY AUTHORITIES

1. The 2019 Nigerian Data Protection Regulation by the National Information Technology Development Agency
2. Nonso Anyasi ‘Why Your Business Should Have a CCTV Policy’ https://guardian.ng/life/why-your-business-should-have-a-cctv-policy/ 4^th April 2021. Accessed 10^th November, 2021.
3. ****************************************************************************************This project is funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com)