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Privacy concerns over CCTV in female toilets

Georgia Roberts
Political reporter, BBC Derby
BBC reporter Georgia Roberts tested out the cameras

There are calls for a Derbyshire council to carry out a review of a CCTV camera in a female public toilet facility after the BBC found the inside of a cubicle is partially visible.

Concerns were raised by local residents on social media about the public toilets in Ashbourne after women complained the cameras made them feel "violated".

While no laws prohibit the use of CCTV in public toilets, guidance from the Information Commissioner's Office (ICO) says their use must be in line with the Data Protection Act.

Derbyshire Dales District Council says data protection laws can only be breached where an individual is identifiable and "no one's privacy is compromised".

Public toilet facilities, tiled grey floors, three green cubicles, white and green tiled walls, three sinks
Concerns were raised by local residents on social media about a camera in the public toilets in Ashbourne

The official guidance recommends use must be "proportionate", "limited" and with consideration given for potential voyeurism.

The district council says the cameras were placed there in 2022 in response to vandalism concerns.

It is understood there are currently three officers with access to the CCTV system, and a log is kept on who has accessed the footage and when. Recordings are kept for 31 days, in line with the ICO guidance.

An email distributed to councillors seen by the BBC states that the cameras only cover "communal areas".

However, the BBC found part of the inside of the front cubicle of the facility is visible on the CCTV.

Footage of a reporter visit requested via a Data Subject Access Request showed visibility in the cubicle from the waist upwards.

CCTV footage of person stood at the front of a white toilet cubicle in public toilets
The footage showed the BBC reporter could be seen while inside the cubicle (bottom left of picture)

Susan Hobson, leader of the Conservative group at Derbyshire Dales District Council, said the footage "certainly does raise some concerns".

"I feel very uncomfortable as a woman that my personal space could be violated by CCTV in public toilets, and I'm sure most other females would feel the same," she said.

"I would welcome an independent review by Derbyshire Dales District Council...to ensure any safety measures respect personal boundaries.

"You can actually see in the toilet door. I think that makes me feel a bit uncomfortable.

"Let's just look at this in an objective way without being dramatic, just get to the bottom of it so everybody is reassured."

White ceiling of public toilet with CCTV camera behind white wiring
The camera reacts to movements and has an automated voice to alert women using the toilet that they are being recorded

A spokesperson for Derbyshire Dales District Council said: "No-one's privacy is compromised by the CCTV cameras, which were originally sited at the Ashbourne public loos on police advice to combat an increasing amount of vandalism.

"The good news is that there has been a marked reduction in damage at that site.

"We welcome Councillor Hobson sharing her specific concerns with us, but would point out that all of our CCTV cameras are already independently audited as a matter of course. The next audit happens in May."

An ICO spokesperson said: "It's unlikely anybody would expect this use of CCTV in public toilet cubicles, where people have a much greater expectation of privacy.

"Our guidance is clear that CCTV can be intrusive if not used fairly or proportionately.

"It is only in exceptional circumstances that CCTV should be installed anywhere in toilets and organisations must be able to justify that its use in private areas is absolutely necessary."

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