Judgment Approved by the court for handing down
R (Bridges) v CCSWP and SSHD
(a) Encouraging compliance with the surveillance camera code;
(b) Reviewing the operation of the code; and
(c) Providing advice about the code (including changes to it or
breaches of it).”
17.
The Secretary of State issued and published a code of practice pursuant to
ss.30 and 32 of the PFA 2012 in June 2013 as the Surveillance Camera Code
of Practice (“the SC Code of Practice”) (see further below).
Data Protection Law Enforcement Directive (2016/680/EU) (“the Law Enforcement
directive”)
18.
The Law Enforcement Directive came into force on 6 May 2018. Its purpose
includes to further the right to protection of personal data under Article 8(1) of
the Charter of Fundamental Rights of the European Union (see the first
recital). By Article 3(13) biometric data is defined to mean personal data
resulting from specific technical processing relating (amongst other matters)
to:
“the physical… characteristics of a natural person, which allow or
confirm the unique identification of that natural person, such as facial
images...”.
19.
Article 10 permits the processing of biometric data for the purpose of uniquely
identifying a natural person, unless it is both (a) strictly necessary and subject
to appropriate safeguards for the rights and freedoms of the data subject; and
(b) either authorised by State law, to protect the vital interests of the data
subject or of another natural person, or where it relates to data manifestly
made public by the data subject.
Data Protection Act 2018 (“DPA 2018”)
20.
The DPA 2018 came into force on 25th May 2018.
21.
Section 29 of the DPA 2018 provides:
PART 3 LAW ENFORCEMENT PROCESSING
“29 Processing to which this Part applies
(1) This Part applies to—
(a) the processing by a competent authority of personal data wholly or partly
by automated means, and
(b) the processing by a competent authority otherwise than by automated
means of personal data which forms part of a filing system or is intended to
form part of a filing system.