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Spy cams facing legal threat

Police who use Auto­matic Number Plate Recognition cameras (ANPRs) to catch crooks and road-tax dodgers could face a legal double whammy.

Spy Cams
Snapped! But concern is growing that some cameras are breaking law

By Steve Lumley

21st December 2006

Auto Express can reveal that the Home Office is reviewing the status of ANPRs after the Chief Sur­veillance Com­missioner advised that they could be operating unlawfully.
 
And without appropriate signage, using ANPRs would breach Data Pro­tection legislation

What's more, experts believe all ANPRs must be properly signed, warning motorists of their use, or the information they collect should not be used in court. Sir Andrew Leggatt, the Chief Surveillance Com­missioner, says some ANPRs could qualify as covert surveillance under the Regulation of Investi­gatory Powers Act, and would be illegal if the police don't have permission to use them in such a way.

"The admissibility at trial of evidence which is obtained in this way would probably depend on whether its admission would have an adverse effect on the fairness of the proceedings," Sir Andrew said. A Home Office representative explained: "There may be some issues surrounding the use of images from third-party sources, such as the Highways Agency."

And without appropriate signage, using ANPRs would breach Data Pro­tection legislation, according to the Infor­mation Commissioner's Office.

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