Domestic Use Of Cctv Systems – Guidance For People Using Cctv Under The Ghanaian Laws (Data Protection Act, 2012 (Act 843)

You want to protect your home from crime, so you install a CCTV camera. The law has no objections to that. What the law might challenge you on is this: safeguarding your home at the cost of other people’s privacy, especially outside your private domestic property. 

Privacy in Ghana is an important right guaranteed by laws such as article 18(2) of the Constitution of Ghana, 1992, and the Data Protection Act, 2012 (Act 843).

1. What does ‘private domestic property’ mean?
2. A. It means the boundary of the property (including the garden or backyard) where you live.
3. Q. How can I use CCTV responsibly at my property?
4. A. You should ask yourself whether CCTV is actually the best way to improve your home security.

Think about the following questions:

• Do I really need CCTV?
• Are there other things I could use to protect my home, such as better lighting?
• What is the most privacy-friendly way to set up the system?
• What areas do I want the cameras to capture?
• Can I position the cameras to avoid intruding on my neighbours’ property or any shared or public spaces?
• Do I need to record the images, or is a live feed enough?
• Has my CCTV system got an audio-recording facility? Audio recording is very privacy-intrusive. So, in most cases where householders use CCTV, they should disable audio recording.

Think about the problem you are trying to tackle. It will usually be to safeguard you and your property against crime. Better locks, security lighting, or an alarm system may be more effective and less expensive ways to secure your property.

If you decide to use CCTV, consider which areas need to be covered and whether your cameras need to capture images beyond your property’s boundary. 

It is important to remember that if your cameras don’t capture images beyond your boundary, the data protection laws may not apply to you.

1. What is the law if my CCTV captures images of people outside my own home and garden?
2. A. If your CCTV captures images beyond your property boundary, such as your neighbours’ property or public streets and footpaths, then your use of the system may be subject to the data protection laws.

This does not mean you are breaking the law. But it does mean that, as the CCTV user, you are a data controller. So, you will need to comply with your legal obligations under the Data Protection Act 2012 (Act 843).

You can still capture images, but you need to do so in ways that comply with data protection laws and uphold the rights of the people whose images you capture. A data protection or privacy professional or lawyer can advise with compliance obligations.

1. What must I do if I capture images of people outside my own home and garden?
2. A. If you are capturing images beyond your property boundary, you should have a clear and justifiable reason for doing so. In particular, you will need to think why you need these images. If asked by an individual or the Data Protection Commission (DPC), you will need to be able to explain your reasons, so you should write them down now. You should also write down why you think capturing the images is more important than invading the privacy of your neighbours and passers-by.

The law provides that you will need to:

• Let people know you are using CCTV by putting up signs saying that recording is taking place, and why, in accordance with section 35 (1) (a) of Act 843.
• Ensure you don’t capture more footage than you need to achieve your purpose in using the system as provided for in sections 19 and 22 of Act 843. 
• Only keep the footage for as long as you need it – delete it regularly, and when it is no longer needed as provided for in section 24 (1) and (6) of Act 843.
• Ensure the CCTV system is only operated in ways you intend and can’t be misused for other reasons (section 22). Anyone you share your property with, such as family members who could use the equipment, needs to know the importance of not misusing it. 

You also need to make sure you respect the privacy rights of the people whose images you capture. This includes the following things:

• Data subjects have a right to access the personal data you hold about them, including identifiable images. A data controller must comply with a request under section 35 promptly and in any event within forty days from the date of receipt of the request.
• Deleting footage of people if they ask you to do so. This constitutes the right of a data subject to prevent the processing of their personal data. As a data controller, you have twenty-one days to comply. (Section 39 of Act 843).
  You can refuse to delete it if you specifically need to keep it for a genuine legal dispute – in which case you need to tell them this, and also tell them they can challenge this in court or complain to the DPC.

1. Is it mandatory to register with the DPC as the owner of a domestic CCTV system?
2. A. Yes. This is because you are a data controller. Data controllers must register with the DPC. This is a requirement under section 27(1) of Act 843.
3. What about the processing of special data?
4. A. The law specifies how the data of a child who is under parental control in accordance with the law, or data comprising the religious or philosophical beliefs, ethnic origin, race, trade union membership, political opinions, health, sexual life or criminal behavior of an individual must be processed (in accordance with section 37).

1. What happens if I break the law?
2. A. If you fail to comply with your obligations under the data protection laws, you may be subject to enforcement action by the DPC. For instance, if you fail to register as a data controller, you may be fined not more than 250 penalty units, face a term of imprisonment of not more than 2 years, or both. You may also be subject to legal action by affected individuals, who could pursue court claims for compensation.

Also, under section 43 of Act 843, where an individual suffers damage or distress through the contravention by a data controller of the requirements of the Act, that individual is entitled to compensation from the data controller for the damage or distress.

However, it is a defensc to prove that you took reasonable care in all the circumstances to comply with the requirements of the Act.

1. What else should I think about?

A.

• Before you install the system, consider speaking to your neighbours and explaining what you are doing. Listen to any objections or complaints they may have. It may also be useful to invite your neighbours to view the footage you capture. This may relieve any complaints they have about your use of CCTV. It may also prevent disputes from escalating or complaints about your recording.

• The phrase ‘domestic CCTV system’ refers to the use of any video surveillance equipment mounted or fixed on your home. It can include cameras fitted to doorbells.
• You should remember that your use of a domestic CCTV system may be appropriate, but publicly uploading or streaming footage of identifiable people would need more justification. In most cases it would not be justifiable.
• You need to register with the DPC. You must also maintain records of how and why you are capturing these images, and for how long you are keeping them. You may need to make these records available to the DPC on request or records of crimes committed to law enforcement agencies to aid their investigations.

In conclusion, although domestic CCTV systems are permitted in Ghana for security reasons, their use must respect others’ privacy rights. When the cameras extend beyond private property, CCTV owners become data controllers and must adhere to the Data Protection Act 2012 (Act 843). 

Speak to a Privacy Professional or Lawyer if you need further advice.