There might only be a very few number of persons that would argue against the advancement of technology. With every new discovery, society makes a quantum leap forward to improve our standard of living. Who would have dreamt that computers would change the way we live? There are also some reservations.

CCTV use is being introduced by the private and public sectors. From shops to shopping malls, from tunnels to monuments, from public places to our road network. Today, even speed cameras have got a CCTV camera fixed over them. CCTV stands for closed circuit television. Images are relayed to the owner, whoever that may be, and the images are stored for an unlimited period or for a fixed period. CCTV capture anything that is in their angle of vision, whether it is mobile or immobile. Hence, it can capture video images of immovable property, persons passing by, cars travelling at different speeds, people jogging, etc.

As far as I am aware, there seems to be no regulation on the installation, use, information, and validity of CCTV systems. Hence, my neighbour can, tomorrow, decide to install a CCTV system in front of my main door to record anyone that comes out and in my private dwelling. A person kissing another person in a shopping mall might have the video image splashed on www.youtube.com.

A video image captured by a CCTV system may be edited or tampered with before being used as evidence in criminal or civil proceedings. A video image can also be used as blackmail.

I understand that in Europe and, with more intensity, in the UK, there is an ongoing discussion to seek the best regulation of CCTV. During a simple internet search I came across these two websites: www.surveillance-and-society.org/ and www.spy.org.uk/home.htm

In Malta, we seem to give very little weight to this important aspect of human rights and civil liberties. I wonder why we have created the Office for the Commissioner of Data Protection; it seems it is another white elephant in hibernation for life. Civil servants are there to follow the developments in other countries and propose the required regulation to safeguard our privacy and rights under the European Convention on Human Rights. There is also a European directive on the matter:

"We have also seen the 1995 European Data Protection Directive put into practice by the 1998 Data Protection Act. By 2003 all CCTV systems controllers were required to register with the Information Commissioner and to ensure they are operating in line with data protection principles. These were made explicitly applicable to all CCTV systems and specifically defined in a Code of Practice for CCTV. Although the legal status of these rules isn't entirely clear, anyone operating a system would be unwise not to adhere to them. Breach of the law, as defined by these guidelines, is a crime and the principles laid down sound rather good: open, fair, and proportional. Surely that's regulation of CCTV and quite good too?" - Surveillance & Society CCTV Special (eds. Norris, McCahill and Wood) 2(2/3): 216-229 www.surveillance-and-society.org/cctv.htm

In Malta, there is no public knowledge about who owns and stores CCTV video images, whether it is in the private or public domain. In the short-term, and immediately, I strongly believe that the government must regulate the matter. At least, all private and public CCTV systems and speed cameras must be registered with the Commissioner of Data Protection, and the regulations must stipulate the period during which images may be stored, use of captured images, and sanctions for anyone in breach of these regulations (please not a fine of Lm50 that is less than the cost of a dinner for four!). The register of CCTV/speed cameras must be online, open to the public, free of charge, and any new registration must be included in the online register within 24 hours of registration. Failure to register a CCTV/speed camera will be considered a crime.

I would also like to hear from any non-governmental organisation working on civil liberties that might be willing to campaign about civil liberties related to this topic and any other topic such as open government, Whistleblower Act, Freedom of Information Act, government information archiving, recording of ministerial processes, etc.

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