Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
focused on the requirements of domestic legislation, namely section 35 of the DPA
2018.
The Surveillance Camera Code of Practice
109.
Section 29 of the PFA 2012 imposes a duty on the Secretary of State to prepare a Code
of Practice containing guidance about surveillance camera systems. The section goes
on to prescribe what the Code must contain and what it may include provision about.
The term “surveillance camera systems” is defined in subsection (6) to mean:
“(a) closed circuit television or automatic number plate
recognition systems,
(b) any other systems for recording or viewing visual images for
surveillance purposes,
(c) any systems for storing, receiving, transmitting, processing
or checking images or information obtained by systems falling
within paragraph (a) or (b), or
(d) any other systems associated with, or otherwise connected
with, systems falling within paragraph (a) (b) or (c).”
110.
It was common ground that AFR falls within that definition.
111.
Under section 30 of the PFA 2012 the Secretary of State must lay a draft of an order
providing for the Code to come into force, and the Code itself, before Parliament. She
must then make the order and issue the Code if the draft is approved by resolution of
each House of Parliament. Such an order is to be in the form of a statutory instrument.
112.
The effect of the Code is governed by section 33 of the PFA 2012. A relevant authority
must have regard to the Code when exercising any functions to which the Code relates:
see subsection (1). A relevant authority includes for this purpose any chief officer of a
police force in England and Wales: see subsection (5)(j). A failure on the part of any
person to act in accordance with any provision of the Code does not of itself make that
person liable to criminal or civil proceedings: see subsection (2). The Code is
admissible in evidence in any such proceedings: see subsection (3). In particular, a
court or tribunal may take into account a failure by a relevant authority to have regard
to the Code: see subsection (4).
113.
Under section 34 of the PFA 2012 the Secretary of State must appoint a person as the
Surveillance Camera Commissioner. The Commissioner has the following functions:
(a) encouraging compliance with the Code, (b) reviewing the operation of the Code,
and (c) providing advice about the Code (including changes to it or breaches of it). It
is common ground that the Commissioner does not have powers of enforcement,
although the Information Commissioner does.
114.
The Surveillance Camera Code of Practice was issued by the Secretary of State for the
Home Department in June 2013, under section 30 of the PFA 2012. It provides
guidance on the appropriate and effective use of surveillance camera systems by
relevant authorities, including for this purpose the police. It is general in its scope and