Indeed, 1 in 5 British homes are said to now have video doorbells. However, although these devices are legal to install, you should be aware of the guidelines in place covering both their use and the data they capture. 

What is the legal framework?

In Scotland, the use of CCTV and video doorbells is primarily governed by the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation (GDPR). These laws apply if your devices capture images or sound outside the boundary of your private property, such as on the pavement or neighbouring properties. 

People are entitled to their privacy - and not to be filmed without their consent. Anyone breaching this can face legal penalties. Indeed, whoever is unlawfully filmed may sue in court for interdict (Scottish injunction), for non-transmission of the video, and even for compensation if feelings, financial interests or reputation are hurt. Any such breach is made worse if the images are manipulated to look as if something illegal or dishonourable is being done. 

Data protection in the UK is regulated and enforced by the UK Information Commissioner's Office (ICO). They enforce GDPR against businesses or individuals that collect filmed material and can hand out rather large fines for any breaches. 

Fitting a video doorbell or CCTV camera

In light of the above, filming on your own property is generally allowable, but any neighbouring private properties must not be caught on camera. However, before fitting any devices, clearly define your reasons for doing so. Whether looking to deter crime, monitor deliveries or ensure family members are safe, having a clear purpose will help define the appropriate use of your system. 

When fitting the video doorbell or CCTV camera, position them to capture only your private property. If you inadvertently record areas beyond the boundaries of your home, such as public footpaths or neighbouring gardens, you could be infringing on privacy rights and data protection laws. Be sure to adjust the angles and coverage of your cameras to minimise intrusion into public spaces and private areas of others. Modern devices usually have built-in privacy features to prevent them from filming specific places or areas. For example, a camera’s ‘motion zone’ can be adjusted so areas outside of your property are not captured.

In addition, neighbourly transparency is key. If your cameras do capture images outside your property, you must inform people that they are being recorded. This can be achieved by putting up clear signs indicating that CCTV is in operation. These signs should be easily visible and legible to anyone entering the vicinity of the monitored area. 

Similarly, respect privacy rights by avoiding cameras pointing at areas such as bedrooms or bathrooms. If your outside door looks out onto your front garden and then the neighbour’s ground or through their windows, you are in danger of capturing their data – or worse if someone has just emerged from the shower!

So, if your cameras capture images of individuals beyond your property, you must respect their privacy and avoid sharing or distributing the footage without their consent, unless legally required.

Keeping footage and data secure

Ensure that the data collected by your video doorbell or CCTV system is stored securely. Use strong, unique passwords for your devices and enable encryption (if available). Regularly update the firmware of your devices to protect against security vulnerabilities. 

Any access to the footage should also be restricted to authorised individuals only. Review your footage retention policy to ensure you do not keep recordings longer than necessary. The Information Commissioner’s Office (ICO) recommends that footage should be kept for the shortest time necessary to fulfil its purpose. Be sure to regularly delete old footage unless it is needed for an ongoing investigation or similar purposes.

Do I have to surrender my footage to the police or others?

Should the police be investigating a case in the vicinity of your home, they may request to view any footage if they see you have cameras installed. However, there is no specific law stating that you must share camera footage, so you can refuse to do so. But if they secure a search warrant, they can make you share it. As a result, people are often happy to cooperate, rather than object and cause a scene.

Individuals have the right to request access to personal data recorded by your CCTV system. This is known as a Subject Access Request (SAR). If you receive a SAR, you must respond within one month, providing a copy of the footage in which the requester appears, unless an exemption applies. It is essential to have a process in place to handle such requests efficiently.

Oversight is not a defence to breaking the law. So, if you’re setting up a domestic CCTV system or a smart doorbell, it is best to check the specific provisions affecting your home or seek legal advice.