Johannesburg’s New CCTV By-Law: Safeguarding Security or Invading Privacy?

The City of Johannesburg has enacted a by-law to regulate privately owned closed-circuit television (CCTV) surveillance cameras, aiming to bring all private surveillance installations under municipal oversight. Under the new rules, any individual or business installing a CCTV camera with a view of public space is required to obtain formal approval from the municipality. The by-law also imposes strict registration requirements for existing cameras, with the city creating a database of all privately owned surveillance systems monitoring public spaces.

This legislation has sparked significant opposition from residents, civil society, businesses, and political parties. The Democratic Alliance (DA) and the African Christian Democratic Party (ACDP) have voiced strong dissent. Belinda Echeozonjoku, the DA’s caucus leader in Johannesburg, criticized the law for introducing a complex and costly registration process affecting homeowners, businesses, and community policing forums that have installed CCTV cameras to protect their properties and public spaces. She argued that instead of collaborating with stakeholders to strengthen crime prevention efforts, the city is imposing additional bureaucratic hurdles, forcing residents to seek approvals, renewals, and compliance checks accompanied by undisclosed fees and penalties.

ACDP councillor Ronald Winston Harris expressed concerns about the practicality of monitoring compliance and the potential integration of private systems into public CCTV infrastructure. He questioned whether a fee structure would be implemented and how the by-law would affect those selling surveillance technology. Harris emphasized the lack of clarity regarding the intrusion into citizens’ lives, acknowledging the necessity of technology for public safety but expressing uncertainty about its impact on private citizens.

Business owners, including suppliers and installers of CCTV cameras, have indicated intentions to challenge the law. Some argue that enforcing regulations on private cameras that might record public areas is akin to attempting to regulate cellphones, which can capture similar footage when taking photos and videos.

The Organisation Undoing Tax Abuse’s Johannesburg Community Action Network has raised concerns about the lack of public engagement accompanying the by-law. They argue that while the legislation adds protections and regulations to ensure constitutional rights, certain implications equate to extensive overreach into individuals’ lives and private property. They emphasize the need for proper public consultation and citizen education to consider these aspects thoroughly.

The by-law stipulates that no CCTV camera can be erected, operated, or maintained without prior written approval from the city. Applicants are required to submit detailed plans, including the location, technical specifications, and the intended purpose of the surveillance system. Failure to comply with the regulations could result in severe penalties, including fines, imprisonment of up to two years, or both.

Proponents of the by-law argue that it ensures compliance with the Protection of Personal Information Act (POPIA) and enhances public safety by regulating the use of surveillance technology. They contend that unregulated footage poses dangers and that the legislation requires residents with cameras facing public spaces to register with the city and display signage indicating recording, thereby informing the public. They assert that footage should only be provided to law enforcement agencies and not to unauthorized individuals.

As Johannesburg implements this by-law, the debate intensifies over the balance between public safety and individual privacy rights. The effectiveness of this regulation in achieving its intended goals while addressing the concerns raised by various stakeholders remains to be seen.

Questions to Ponder:

• Does the by-law strike an appropriate balance between enhancing public safety and protecting individual privacy rights?

• How might the registration and approval process impact residents and businesses financially and operationally?

• Could the integration of private surveillance systems into municipal oversight lead to potential misuse of surveillance data?

• What measures can be implemented to ensure that the by-law does not disproportionately affect certain communities or infringe upon civil liberties?

• How can the City of Johannesburg improve public engagement and transparency in the implementation of such regulations?

Source:mg.co.za