CCTV and Smart Doorbell Guidance

This information is for tenants and residents who want to install domestic CCTV or smart doorbells. It does not constitute legal advice. If any further legal information is required tenants and residents should seek independent legal advice from a solicitor.

Domestic CCTV and smart doorbells (referred to as "recording systems")

Everyone has the right to protect themselves and their property, and with improved affordability recording systems are becoming increasingly popular. However, if you plan to install one, it's important to do so in a way that respects the privacy of others. 

Data Protection considerations

If your system only captures footage (both video and audio) within your property boundary (meaning areas that belong solely to you, not shared or public spaces) you are currently not required to register as a data controller with the Information Commissioner’s Office (ICO). However, you may still have obligations under data protection laws. If your system records areas outside your property, such as a shared stairwell, a neighbour’s garden, or a public footpath, you must follow the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. It is not considered acceptable to film neighbours within their own property or garden (including video and audio recording).

As the system owner, it is your responsibility to stay informed about the relevant laws and guidance. Non-compliance with these laws can lead to court imposed fines, and affected individuals may pursue independent legal action. For example, one individual was fined £100,000 for violating GDPR and harassing neighbours through inappropriate use of a recording system.

• For further guidance, please visit the ICO website at Information Commissioner's Office (ICO). They are the official authority for enquiries or complaints about recording systems, with the council having no powers in this regard. If you have issues with a neighbour’s recording system, consider using the council’s Mediation Service to help resolve the situation. Please note, however, that mediation does not have legal enforcement power over recording systems, including inspection of systems or instructing removal or re-siting of equipment.

 Council tenants

If you are a council tenant and wish to install CCTV, you must request permission if the installation involves penetrating the building’s external surface or requires electrical work. To request permission, you should contact your local housing office.

If permission is granted, the following conditions apply:

• The camera must only cover your property.
• The installation should have minimal impact on the building’s appearance.
• The installation must meet a reasonable standard, and you must display a sign stating that CCTV is in use.
• Planning permission may be required depending on certain factors, such as location and camera size.

Council tenants do not need permission to install a smart doorbell but to avoid risk of breaching data protection requirements, they should follow the guidance of the ICO.

Private rented, housing association and owner occupiers

For tenants who rent privately or through a housing association, advice should be sought from your landlord.  

Owner occupiers can contact the ICO for further guidance.

Planning permission

Planning permission is currently needed in the following cases (and applies to all tenures):

• The camera is in a conservation area or national scenic area.
• The camera exceeds 75 cm by 25 cm by 25 cm.
• The camera is less than 2.5 meters above ground level or protrudes more than 1 meter from the building surface.
• The camera is within 10 meters of another camera installed by you.
• The installation results in more than 4 cameras on one side of the building.

Please note that when planning permission is required can change, and you should confirm whether this is required with the Planning Authority.

Important notes

The council only grants permission for the installation of the CCTV system as an external alteration to the property. This does not grant legal authority to operate the system as you wish. If a complaint is made and upheld by the ICO or the courts, you must inform the council.  The council reserves the right to withdraw consent for the system being sited on your council property.

Other security measures are also available to help protect your home. Police Scotland offers useful tips on increasing home security.

Submitting footage to the council

The council must be mindful not to provide a platform for harassment through the misuse of footage or intrusion of privacy. Footage submitted for anti-social behaviour or legal proceedings will be considered on a case-by-case basis, taking into account the purpose, the extent of the intrusion, vulnerabilities of those involved, the presence of children and the severity of the behaviour captured. The council reserves the right to refuse to either view, use or store the footage captured and may not be able to share full details behind decisions.

Although this document concentrates on static mounted recording systems, it is recognised that there are other forms of recording systems. Advice and guidance contained within this document also relates to all forms of recording systems, including mobile phones.

Generally, the council will not accept footage that is not ICO-compliant, including covert recordings or footage that violates privacy rights. Audio-only footage cannot be used as sole evidence without additional corroborating evidence as the council would be unable to identify the person featured on the recording.

If you have ICO-compliant footage that is relevant to a case, do not send it to the council without prior agreement. Footage from ongoing criminal investigations or not related to anti-social behaviour will not be accepted or stored.

Requirements for footage

All submitted footage must show the full incident from beginning to end. Edited or “snapshot” versions will not be accepted. The council also considers the potential use of Artificial Intelligence (commonly known as “deepfakes”) in creating or editing footage when assessing evidence.

If you submit footage, please remember it may be subject to a Subject Access Request, and the individual recorded may request access to it. The council will consider each Subject Access Request on a case-by-case basis and would only release information when required to do so in accordance with legislation.

Any accepted footage will be stored securely within the associated Anti Social Behaviour (ASB) electronic casefile and in line with the council’s data retention policies.

In exceptional cases, if electronic transfer of files is not possible, two council officers may agree to view the footage in person and provide a written statement confirming the details, which may then be used as evidence in the case.