CCTV surveillance : its implications and the law

Abstract

While surveillance activities have been conducted since time immemorial, through the passage of time, technology developed ways and means to facilitate such monitoring operations. One particular innovation and the fulcrum behind this thesis is CCTV cameras whose omnipresence in the face of crime and security is clearly undisputable. Since the birth of CCTV, this technology underwent considerable advancements. Its relatively low purchase and operational costs contributed to its worldwide penetration amongst a myriad of actors who engage in the deployment of camera monitoring systems for various purposes. However, this miniature device is subject to solemn privacy and data protection implications making it a tool worthy of regulation. In the absence of direct legislation within the Maltese sphere, an investigation into the various international, regional and local legislative instruments was pertinent in seeking to address the adequacy of Maltese law. Supplementing these regulations are a number of judgements coming from their respective courts. Thus, this thesis explores the salient issues and connotations central to the operation of CCTV surveillance particularly by delving into privacy and data protection’s respective notions and regulations, all of which play an active role in the conduct of such operations and the effects derivative therefrom. An investigation into various countries’ applicable regulations is undertaken to decipher the diversity in CCTV regulation. In turn, the author draws a number of feasible proposals capable of implementation within the Maltese legal system.