Protection of Freedoms Act 2012


The Protection of Freedoms Act 2012 (POFA) received Royal Assent in May 2013. The Act requires councils to justify their need to use RIPA surveillance powers by securing judicial approval from a Magistrates’ Court (section 38, POFA 12). 


The POFA also contains measures affecting a range of other issues, many of which do not directly affect the workplace, including retention of biometric data by police, changes to powers to stop and search suspected terrorists, restrictions on local authority powers to enter private property, and a new offence of clamping without lawful authority. 


The POFA also created a new role of surveillance camera commissioner. A new Code of Practice on surveillance cameras in public places was also published under the Act. The POFA also made changes to criminal records disclosure rules. 


The ICO has a memorandum of understanding with the surveillance camera commissioner. Unlike the DPA, the POFA operates only in England and Wales. The Scottish government has produced its own CCTV Strategy for Scotland, with a common set of principles that must be followed by operators of public space CCTV systems in Scotland.