CCTV - releasing images for identification of children

⚖️ Can the council share CCTV footage on social media?

No, not unless very specific and rare conditions are met—and those would almost never apply to a local council acting alone, especially when children are involved.

🚫 Why not?

Because of the following laws and guidance:

🛡️ 1. UK GDPR and the Data Protection Act 2018

• CCTV footage of identifiable people is considered personal data.

• You must have a lawful basis to process and share it. Sharing it publicly would require either:

• The individuals’ consent (not realistic here), or

• A legal obligation or vital public interest, which wouldn’t apply to public shaming or community awareness.

👶 2. Special protection for children

• Children’s data is afforded extra protection under UK GDPR.

• Publicly identifying them—even indirectly—could be considered harmful, disproportionate, and unlawful.

🕵️ 3. Surveillance Camera Code of Practice

• Issued under the Protection of Freedoms Act 2012.

• States that any disclosure must be necessary and proportionate, and normally only to law enforcement agencies.

• Sharing on social media is not listed as a permissible use.

⚖️ 4. Human Rights Act 1998

• Article 8 protects the right to private and family life.

• Publishing footage, especially of children, could infringe on these rights.

❓What about Crimestoppers or TV programmes?

Crimestoppers and shows like Crimewatch operate under strict agreements with the police and follow strict editorial and legal processes, including:

• Police-led investigations.

• Legal vetting and approval.

• Redaction of identities or careful anonymisation when needed.

Your council is not authorised to do this independently.

✅ Correct procedure

• The only legal route is to allow the police to view or obtain a copy of the footage.

• If they decide to release anything, they do it under their own procedures—not the council.

• The council should record the request and ensure a proper CCTV disclosure log is maintained.

📽️ When the police want to release CCTV footage (e.g. to the public)

Under UK GDPR and the Data Protection Act 2018, the police process personal data for law enforcement purposes under a different part of the legislation called Part 3 of the Data Protection Act 2018.

Their legal basis would likely fall under:

✅ Section 35(2) of the Data Protection Act 2018

This section allows processing (including disclosure) of personal data for law enforcement purposes if it is necessary for the performance of a task carried out for that purpose, and:

• The task is necessary and proportionate, and

• The disclosure is authorised by law.

In practice, this could include releasing footage to the public to help identify suspects or appeal for witnesses, but:

• The decision must be made by the police—not the council.

• The police must carry out a data protection impact assessment (DPIA) to ensure the release is justified and proportionate.

• In the case of children, this is even more sensitive—they would weigh up the risk of harm vs. the public interest in solving the crime.

📌 Summary

🛑 Key Point for the Council

Even if the police do decide to release footage, that does not give the council permission to post it independently. The chain of control stays with law enforcement.