Covert CCTV at school playing fields deemed unlawful

Covert surveillance cameras at a school playing fields are “in contravention of the principles of data protection law” according to the Information Commissioner’s Office, who have told the school to turn them off immediately.

Cotham School installed the cameras in a junction box at the edge of its Stoke Lodge playing fields as a result of criminal damage to their property.

But the ICO says that the CCTV is “positioned in such a way that they are difficult to detect, and therefore not in a place that individuals would reasonably expect”.

Police have also confirmed that they did not advise the school to install covert cameras.

Despite Cotham School bosses claiming that police suggested the use of covert CCTV monitoring, the Avon & Somerset police & crime commissioner (PCC) has now written to a local MP to say that this was not their advice.

Two covert cameras are hidden within this junction box – photo: Martin Booth

In a letter sent to Bristol North West MP, Darren Jones, on Wednesday, the ICO said that “due to the cameras positioning in a location that individuals would not reasonably expect and not being easily sighted, we would consider that any processing of information (i.e. capturing identifiable individuals) by the cameras during permissive hours would be in contravention of the principles of data protection law.

“Specifically, we are of the view that the processing would not meet the school’s obligation under Article 5 (1) (a) of the UK GDPR to process information in a fair or transparent way…

“Due to the position and size of the cameras in question and the lack of any further signage within the site indicating their operation or location, we do not consider that the school has fully met its transparency obligations.”

In their letter to Jones, the ICO said that clearly visible CCTV cameras “may also have provided a deterrent effect”.

“We now expect the school to take steps to address the operation of the junction box cameras during permissive hours. We have provided the school with advice, and links to our guidance, and will remain available to the school for advice as required.

“We will follow up with the school in due course to ensure these steps have been taken.”

A damaged sign close to the controversial fence – photo: Martin Booth

In a letter to Jones sent on December 21 but only just made public, Avon & Somerset PCC Mark Shelford said that deputy chief constable Nikki Watson has liaised with the neighbourhood police team inspector and beat manager for Stoke Bishop in regards to the covert surveillance.

Shelford wrote: “DCC Watson has advised me that in response to the school being a repeated victim of crime, the police gave crime prevention advice and advised the school how CCTV might be used as part of a problem-solving plan, i.e. in a way that is overt and accompanied by appropriate signage.

“The police also pointed out that as a public body the school were responsible for their own due diligence and complying with legal requirements.

“The erection of a fence around the school parameter (sic) as well as the use of CCTV has angered many in the community, however, the police have remained impartial throughout and continue to try to keep the peace.”

Dog walkers now need to walk around the perimeter of the playing fields because of the fence – photo: Martin Booth

Campaign group We Love Stoke Lodge have welcomed the publication of the letters.

In a statement to Bristol24/7, the group added: “We hope that Cotham School will act immediately to confirm that the cameras have been removed and that all unlawfully obtained data has been deleted.

“We understand that the school was informed before Christmas of the ICO’s findings and yet as far as we can tell the cameras are still in place and operational today.”

In a statement published on their website on Thursday, Cotham School said: “The cameras installed in the metal junction box were always an interim measure installed in response to crime prevention action as advised by Avon and Somerset Police.

“This advice was provided due to the school being classed as a victim of crime following a number of acts of criminal damage that occurred at the school site at Stoke Lodge.

“Until the CCTV pole is installed to support the school in its safeguarding duty to our students and to prevent disruption to our PE lessons through the maintenance of a safe site and the deterrent of any further criminal damage the cameras in the junction boxes will remain in situ.

“The school applied for planning to install a CCTV pole and camera adjacent to the gate behind the neighbouring
Stoke Lodge Adult Learning Centre on 30 April 2020, however, at this point in time this application remains with the Planning Department at Bristol City Council as undetermined.”

Main photo: Martin Booth

Read next:

• School admits carrying out covert CCTV surveillance of public
• MP and councillors join condemnation of Cotham School’s covert surveillance
• No arrest made for damage at Stoke Lodge despite Cotham School claims

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