1. 1
This policy is to control the management, operation, use and confidentiality of the CCTV system owned by the Winterbourne Parish Council (WPC) and located at the Winterbourne Glebe Hall, Winterbourne Earls within the Parish of the Winterbournes.
2. 1
The legislation relating to CCTV use is detailed in the CCTV Code of Practice by the Secretary of State under section 30 of the protection of Freedoms Act 2012, published in June 2013 . The Code provides guidance on the appropriate and effective use of surveillance camera systems by relevant authorities including the Parish Council. The guidance sets out 12 principles for the operation of the surveillance camera system. Each system should;
a. Have a defined purpose and legislative aim
b. Not impinge on an individual’s privacy or human rights
c. Be operated transparently so people know they are being monitored
d. Be operated with good governance
e. Have clear policies, rules and procedures in place.
f. Store no more images/data than strictly required.
g. Have safeguards in place in relation to who can view images/data
h. Meet relevant and approved standards
i. Ensure that images/data are stored securely
j. Review systems regularly (at least annually)
k. Be effective in supporting law enforcement
l. Data bases used for matching purposes should be accurate and up to date.
2. 2
The Information Commissioner’s Office CCTV Code of Practice 2015 aims to ensure good practice advice for those involved in operating CCTV and other surveillance camera devices that view or record individuals, and covers other information that relates to individuals, for example vehicle registration marks captured by ANPR equipment. This code uses the terms ‘surveillance system(s)’, ‘CCTV’ and ‘information’ throughout for ease of reference. Information held by organisations that is about individuals is covered by the DPA and the guidance in this code will help organisations comply with these legal obligations.
2.3 Data Protection Act
The Information Commissioner’s Office CCTV Code of Practice 2015 aims to ensure good practice advice for those involved in operating CCTV and other surveillance camera devices that view or record individuals, and covers other information that relates to individuals, for example vehicle registration marks captured by ANPR equipment. This code uses the terms ‘surveillance system(s)’, ‘CCTV’ and ‘information’ throughout for ease of reference. Information held by organisations that is about individuals is covered by the DPA and the guidance in this code will help organisations comply with these legal obligations.
1
https://www.gov.uk /government /uploads/system /uploads /attachment_data/file /204775/ Surveillance_ Camera_ Code_of_ Practice_WEB.pdf
2
https://ico.org.uk/media/for-organisations/documents/1542/cctv-code-of-practice.pdf
The Clerk is the Parish Council's Data Protection Officer and is responsible for the Council's Data Protection Policy.
The Council has adopted the 12 guiding principles of the CCTV code of practice issued by the ICO as at Appendix 1
3. Responsibilities of the owner
3. 1
Winterbourne Parish Council c/o the Parish Clerk (Mrs Tekla Hicks) at 1 Little Court Lane, Edington, Westbury, Wiltshire BA13 4PW retains ownership and overall responsibility for the CCTV system. THE COUNCIL HAS INSTALLED CCTV AT GLEBE HALL WINTERBOURNE DAUNTSEY UNDER SECTION 31 LOCAL GOVERNMENT AND RATINGS ACT 1997
3. 2
The Parish Clerk is responsible for the operation of the system and for ensuring compliance with this policy and the procedures documented in the Procedures Manual (see SECTION 5 or 6). The Parish Clerk may be contacted as follows:
Winterbourne Parish Council
c/o Mrs Tekla Hicks
Parish Clerk
1 Little Court Lane
Edington
Westbury
Wiltshire
BA13 4PW
3. 3
Day to day operational responsibility rests with the Clerk of the Council or in his/her absence an authorized nominated Parish Councillor(s). To demonstrate the transparency with which WPC will operate the CCTV system, a contact point for access to information and for complaints will be published. Information covering the CCTV system including the complaints procedure will be published on the WPC website. A copy of the CCTV policy and procedures will be available at www.winterbourneparishcouncil.com.
4. The system
4.1
The system comprises:
i) 4 x Analogue external anti-vandal Dome with cameras with 3.6mm
Lenses
ii) 1 x PTZ Dome
iii) 1 x Number Plate Camera
iv) 1 x 8 Way DVR 1 TB Recorder
v) 1 x 17" Monitor
4.2
The system is set up with password protection that will stop any person from trying to take copies for personal use.
4.3
Signs will be prominently placed to inform members of the public that a CCTV installation is in use.
4.4
Although every effort has been made to ensure maximum effectiveness of the system it is not possible to guarantee that the system will detect every incident taking place within the area of coverage.
5. Purpose of the system
5.1
The system has been installed by Winterbourne Parish Council with the primary purpose of reducing the threat of crime and anti-social behavior generally and protecting the Council's premises. These purposes will be achieved by monitoring the system to:
Deter those having criminal intent.
Assist law enforcement agencies in the identification, detection and prevention of offenders by allowing such agencies to examine and retrieve video evidence relating to breaches of the law.
Facilitate the identification, apprehension and prosecution of offenders in relation to crime and public order
Facilitate the identification of any activities/event which might warrant
The system will not be used:
To provide recorded images for the world-wide-web.
To record sound other than in accordance with the policy on covert recording.
For any automated decision taking
5.2. Covert recording
5.2.1.
No covert recording will be undertaken.
6.0. Security of the information gathered
6.1.
Images captured by the system will only be viewed if an incident has been reported.
6.2.
No unauthorised access to the Data will be permitted at any time. Access will be strictly limited to the Clerk, police officers and other persons with statutory powers of entry.
6.3.
The digital recorder will be stored in a locked room in the Archive room of the Glebe Hall
6.4.
Training in the requirements of the Data Protection Act 1998 will be given the Clerk.
7.0. Recording
7.1.
Images will normally be retained for 31 days from the date of recording, and then automatically over written. Once a hard drive has reached the end of its use it will be erased prior to disposal.
7.2.
All hard drives and recorders shall remain the property of the Council until disposal and destruction.
8.0. Access to images
8.1.
All access to images will be recorded in the Access Log. See Appendix 2.
8.2.
Disclosure of recorded material will only be made to third parties in strict accordance with the purposes of the system and is limited to the following authorities:
Law enforcement agencies where images recorded would assist in a criminal enquiry and/or the prevention of terrorism and disorder
Prosecution agencies
Relevant legal representatives
The media where the assistance of the general public is required in the identification of a victim of crime or the identification of a perpetrator of a crime
People whose images have been recorded and retained unless disclosure to the individual would prejudice criminal enquiries or criminal proceedings.
Emergency services in connection with the investigation of an accident.
9.0. Access to images by a subject
9.1.
CCTV digital images, if they show a recognisable person, are personal data and are covered by the Data Protection Act. Anyone who believes that they have been filmed by C.C.T.V. is entitled to ask for a copy of the data, subject to exemptions contained in the Act. They do not have the right of instant access.
9.2.
A person whose image has been recorded and retained and who wishes access to the data must apply in writing to the Data Protection Officer. Subject Access Request Forms are available on line.
9.3.
The Data Protection Officer will then arrange for a copy of the data to be made and given to the applicant. The applicant must not ask another member of staff to show them the data, or ask anyone else for a copy of the data. All communications must go through the Data Protection Officer. A response will be provided promptly and in any event within forty days of receiving the required fee and information.
9.4.
The Data Protection Act gives the Data Protection Officer the right to refuse a request for a copy of the data particularly where such access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders. If it is decided that a data subject access request is to be refused, the reasons will be fully documented and the data subject informed in writing, stating the reasons.
10.0. Request to prevent processing
10.1.
An individual has the right to request a prevention of processing where this is likely to cause substantial and unwarranted damage or distress to that or another individual.
10.2.
All such requests should be addressed in the first instance to the Data Protection Officer, who will provide a written response within 21 days of receiving the request setting out their decision on the request. A copy of the request and response will be retained.
11.0. Complaints
11.1.
It is recognised that others may have concerns or complaints about the operation of the system. Any complaint should be addressed in the first instant to the Clerk. The complaints procedure can be found online. In addition, concerns or enquiries relating to the provisions of the Data Protection Act 1998 may be addressed to the Clerk. These rights do not alter the existing rights of others under any relevant grievance or disciplinary procedures.
12.0. Compliance monitoring
12.1.
The contact point for members of the public wishing to enquire about the system will be the Clerk - by telephone on 07427 406943 or email clerk-parishcouncil@thewinterbournes.org.uk
12.2.
Upon request enquirers will be provided with:
A summary of this statement of policy
An access request form if required or requested
A subject access request form if required or requested
A copy of the Council's complaints procedures
12.3.
All documented procedures will be kept under review and a report periodically made to Winterbourne Parish Council.
12.4
The effectiveness of the system in meeting its purposes will be kept under review and reports submitted as required to the Strategy Finance and General Purpose Committee.
Appendix 1
The guiding principles of the Surveillance Camera Code of Practice Winterbourne Parish Council adopt the following 12 guiding principles:
Use of a surveillance camera system must always be for a specified purpose, which is in pursuit of a legitimate aim and necessary to meet an identified, pressing need.
The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified.
There must be as much transparency in the use of a surveillance camera system as possible,
including a published contact point for access to information and complaints.
There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.
Clear rules, policies and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them.
No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged.
Access to retained images and information should be restricted and there must be clearly defined rules on who can gain access and for what purpose such access is granted; the disclosure of images and information should only take place when it is necessary for such a purpose or for law enforcement purposes.
Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose and work to meet and maintain those standards.
Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.
There should be effective review and audit mechanisms to ensure legal equirements, policies and standards are complied with in practice, and regular
reports should be published.
When the use of a surveillance camera system is in pursuit of a legitimate aim, and there is a pressing need for its use, it should then be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value.
Any information used to support a surveillance camera system, which compares against a reference database for matching purposes should be accurate and kept up to date.
