Do vehicles with cameras need warning signage?
In May 2018 the General Data Protection Regulation (GDPR) came into place, superseding the Data Protection Act which previously governed the use of CCTV in vehicles.
Business vehicles with camera systems which record video footage are covered by the GDPR and the owners of the systems are accountable for their use. Cameras which are only used to view blind spots and are not being recorded are not covered by GDPR and do not need warning signage.
A core aspect of the GDPR is that anyone being recorded by a camera system must be aware of its presence. This includes both the public, the driver and any other people that may come in to contact with the vehicle i.e. mechanics, passengers, customers etc.
The only practical way to do this is to have warning signage which should be prominently displayed on the vehicle, this includes interior signage for internal cameras in the cab or load areas. Signage should be clearly visible and where audio recording equipment is being used this should also be detailed.
Where it is not desirable or not practical to display warning signage an assessment on the risk of capturing private data should be undertaken and any steps to minimise that risk undertaken, i.e. camera positioning, disabling microphones and driver / staff training.
Only in extreme circumstances is it permissible under the GDPR to covertly record an individual and a risk assessment and justification must be undertaken.
Under the GDPR individuals can submit access requests to view data where they believe their privacy has been breached.
For vehicles that are not sign written it is recommended that the details of the data controller (usually the owner of the camera system) are displayed on the outside of the vehicle.
Fleet Focus provide a range of GDPR resources, for more information contact us.