CCTV systems that will monitor the public’s movements must be in clear view for all to see.

In accordance with the data protection act of 1998, CCTV cameras that survey public areas, must have signs to warn the public of that they are being watched.

This applies to systems that are able to survey areas to which the public have largely free and have unrestricted access regardless of the system’s ability to record, store or retrieve images.   

Hoyles Electronic, who specialize in the design of CCTV signs say;

‘It is surprising just how many organizations don’t realize that clear signage to notify the public of their CCTV’s existence is a legal requirement.’

A watchdog survey taken in 2007 revealed that over 90% of cameras are illegally operating, this could mean that images captured would be overthrown in court if a crime had been caught taking place. 

The issue has not yet been tested in court, but it could in effect question the whole surveillance operation in the UK.
However, the Information Commissioner's Office denied that CCTV rules were being broken on a large scale.

Ken Macdonald, Assistant Information Commissioner for Scotland, said;

"We are not aware of any evidence that supports the suggestion that 90 per cent of CCTV cameras are not complying with the ICO Code of Practice. We don't believe there is any such evidence."

"Where we receive complaints that CCTV is being used in breach of the Data Protection Act we will investigate. We have a range of enforcement powers at our disposal."