From Dr I. Micallef LL.D

Recently, complaints have appeared in the newspapers, which were also lodged with local councils, regarding the use of cameras to enforce the law.

It has often been questioned whether the use of such cameras to capture images as proof of a contravention is legitimate in terms of data protection. We would like to assure all citizens that their rights to privacy were given serious consideration not only by the local councils and the agency that manages the system on behalf of the local councils, but also by the Data Protection Commissioner when investigating complaints made by the public and in inspections carried out. These include interviews with all the persons concerned in the local councils and the agency, inspections at the place where these cameras are installed and inspections at the premises where these cameras are managed and the images registered. The Commissioner has ascertained that the processes are not in breach of provisions in the Data Protection Act and that the system in place safeguards the privacy of the individuals and offer an adequate degree of security.

Two types of cameras are being used, a CCTV to monitor contraventions such as illegal parking, and speed cameras which monitor overspeeding of vehicles. These cameras are being used for law enforcement purposes by local councils for contraventions, which they are empowered to enforce.

CCTV cameras are controlled by authorised users and enable the monitoring of particular locations during the whole day. It has been ascertained that only the information which is relevant to issue a contravention, is being captured. When an infringement occurs, two images are taken, a wide shot showing the offence and a close shot showing the vehicle registration number. While individuals who happen to be in the area where a contravention occurs, are not identifiable if captured in a wide shot, the only data being captured in a close shot is the vehicle registration number.

With regard to Speed Cameras, images are taken automatically and stored on-site in cases where a vehicle exceeds the speed limit. These images, which are used for evidence purposes, identify the driver, while passengers are blurred in order to remain unidentified. The vehicle registration number in this case is also captured in order to issue the notice of contravention. It may be significant to note that, in cases where two vehicles are captured in an image, and there is doubt as to which of the vehicles was over speeding, the image is destroyed.

When a contravention occurs, the relevant image is captured to issue the notice of contravention, and retained as evidence for the case to be brought before the Commissioner for Justice.

In any of the cases, the images of individuals who are not involved in the contravention are blurred. It is also pertinent to note that images captured from all enforcement related cameras are transmitted to a central station, where operators monitor the transmission in real time. Any contravention noticed is photographically registered at that point in time. These photos are used solely to issue a notice of contravention. Local councils do not use any recordings for the production of the images.

Local councils wish to assure all citizens that they value the right to privacy of individuals and will also continue to do their utmost in this respect.

Ian Micallef

President Local Councils Association

Chairman LES Management Committee