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Re St Mary, Chartham

Commissary Court of Canterbury: Ellis Com Gen, 22 November 2017 [2017] ECC Can 1 CCTV cameras – guidance for installation

Published online by Cambridge University Press:  23 August 2018

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2018 

The commissary general granted a faculty for the installation of CCTV security cameras in the Grade I listed church, to enable it to remain open during daylight hours. Applying the first two of the Duffield questions, she found that there was no harm to the significance of the building, provided that Diocesan Advisory Committee recommendations were followed to ensure that the equipment was fitted on appropriate roof timbers. The commissary general set out guidance for future faculty applications for CCTV equipment. She also reviewed the secular legislation. The Protection of Freedoms Act 2012 and its subsidiary guidance in the Surveillance Camera Code of Practice set out the duties of controllers of such equipment. While parochial church councils (PCCs) are not included in the statutory framework, it is nonetheless good practice to adopt voluntarily the principles in that guidance. An open church would meet the definition of ‘public place’, following the definition used in section 16(6) of the Public Order Act 1986. Accordingly, the PCC, churchwardens, incumbent and petitioners would be classed as systems operators, and those in control of reviewing the video material would be data controllers bound by the definitions and duties of the data protection legislation. Conditions were imposed on the faculty requiring the scope of the lens to exclude areas set aside for private prayer, requiring the cameras to be turned off during services, ensuring that the data was only stored for a limited period and requiring the identification of an individual who would be responsible for the equipment and data stored. [Catherine Shelley]