The City of Johannesburg (COJ) has approved a new by-law to regulate all closed circuit television (CCTV) cameras around the city.
This includes all CCTV cameras installed on public land and infrastructure by local municipalities, as well as all surveillance cameras with a view of a public space such as a street, whether they are owned by businesses or citizens.
Big change for public spaces
Following the new ruling, any individual or business planning to install a CCTV camera with a view of public space will be required to obtain formal approval from the municipality.
This includes a description of the location, technical specifications and intended purpose of the surveillance system.
Anyone who installs a camera without approval will be subject to penalties, including fines or prison time of up to two years.
It also imposes new restrictions for existing cameras, as Joburg city management pans to create a database of all privately owned surveillance systems monitoring public areas.
The COJ claims that the CCTV database will allow authorities to deter and prosecutor criminals and ensure public safety.
The by-law has drawn the criticism of private residents, civil action groups, businesses, the Democratic Alliance (DA), and the African Christian Democratic Party (ACPD) which have voiced various concerns about how the new policy will be implemented, reports the Mail and Guardian.
The ACPD states that it does not support the law because every home in Joburg that has a CCTV camera will now need to apply for permission from the city.
“How is this going to be monitored? Are private systems going to be integrated into the public CCTV infrastructure?” said ACDP councilor Ronald Winston Harris.
“Will a fee structure be put in place? How does this by-law affect those who sell the technology? The by-law is not clear on the intrusion into the lives of citizens. Yes, the technology is necessary for public safety, but we are not clear on the impact on private citizens.”
ActionSA, which was one of the parties that approved the by-law, has defended the decision, stating that there will be no hidden costs for residents.
The law is meant to insure that cameras monitoring public spaces abide by the Protection of Personal Information Act, which requires that private CCTV systems are registered and that signs are erected to notify passersby that they are being recorded.
This footage can only be given to law enforcement and cannot be distributed to anyone else, said ActionSA.
Concerns have also been raised over a potential invasion of privacy, with the ACDP asking whether authorities will require a court order to access the footage from cameras at private residences.
Citizens have argued that regulating private CCTV is akin to trying to regulate cellphone recording, and that it is a step too far for the local govermnent.
The Organization Undoing Tax Abuse has added to these claims, arguing that the by-law amounts to an extensive overreach into the the rights of citizens and private property owners, and that there was very little public involvement prior to the law’s approval.
On the other hand, Vumacam, a private company responsible for thousands of street surveillance cameras around Joburg and Pretoria, has welcomed the decision, stating that it is a key step towards making the province safer, according to ITWeb.
“The City of Johannesburg’s approval of the CCTV by-law is an important milestone in the development of technology-enabled security in South Africa, and a major achievement by the City of Johannesburg,” it said.
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