CCTV CODES OF PRACTICE Version 3
Management Statement
Closed circuit television, otherwise known as
CCTV has proved itself in recent years to be a powerful weapon in
the continuing fight against crime, particularly when integrated
with other crime reduction methods such as retail “radio-link”
systems.
The District Council, Police, Chambers of
Commerce in Thanet are of the view that CCTV will diminish
incidents of crime and public disorder within the area. It
will also assists us in monitoring road (and being a coastal town)
water safety. It will improve community confidence creating a safer
environment for residents, traders, tourists and visitors alike).
It will also create improved climate of opportunity.
It is recognised that gaining and keeping
public support for such an initiative is vital. We therefore
understand the need for a comprehensive and effective Code of
Practice defining the systems operational parameters.
We will only utilise CCTV with the consent and
support of the local populace to assist in the fight against crime,
whilst ensuring that an individuals personal civil liberties are
not infringed upon. We therefore support all the principles
contained within the L.G.I.U. document “A Watching Brief – A Model
Codes of Practice for CCTV” the Data Protection Act 1998, the
European Directive 95/46/EC and the Human Rights Act 1998. These
principles are contained within this document. All system design
and operation will be based on current Home Office, P.S.D.B and
Kent County Constabulary guidelines.
All partners are totally committed to
complying with these codes in relation to the implementation and
operation of CCTV. The code covering the operation of the system
will therefore be made readily available to the public via the
internet and all local authority offices and public libraries.
Codes of Practice
Principles:
What will the system be used for?
- The prime purpose of the system is to reduce
both the real and perceived level of crime.
- To improve confidence in the rule of
law.
- To assist in the apprehension and prosecution
of offenders in relation to crime and public disorder.
- To gather evidence by a fair and accountable
method.
- To create a safer community, improving the
quality of life for all by:
1. Enhancing the economic climate , creating
opportunity for prosperity.
2. Preventing or alleviating
interruption to traffic flow.
3. Preventing or alleviating problems
which may occur during usage if the marine
environment.
What will the system not be used for?
- It will not be used to gather information on
people going about their lawful business. To encourage confidence
all cameras will be overt and their presence will be clearly
indicated by signs covering the CCTV area.
- It will not be used to enforce minor breaches
of law that do not impede upon public safety or the quality of
life.
- Information recorded will only be used by
District Council, Police and other statutory law enforcement
agencies. Material will not be released to anyone other than in
accordance with this code of practice and/or the
law concerning the disclosure of evidence in criminal and civil
proceedings.
Procedural Manual:
Thanet District Council will publish a
separate manual based on the codes of practice covering aspects of
the operation of the scheme. Access to and circulation of the
document will be restricted to the partners and staff members only.
The manual will be kept in the CCTV Control Room.
Data Protection:
All partners have agreed to comply fully with
the new Data Protection Act 1998. As such, the Thanet District
Council CCTV system may be required to register under the
provisions of the Act. Therefore, the ‘processing of personal data’
must be treated with the utmost respect.
Good Practice
Under the Data Protection Act, there are eight
principles that are considered to be the key to good practice. They
are addressed within these codes and are reproduced as follows:
- Obtain and process personal data fairly and
lawfully.
- Hold the data for the purposes
specified.
- Use the data only for the purposes, and
disclose only to the people, shown within these codes of
practice.
- Only hold data, which is adequate, relevant
and not excessive in relation to the purposes for which the data is
held.
- Ensure personal data is accurate are where
necessary, kept up to date.
- Hold the data for no longer than is
necessary.
- Allow individuals access to information held
about them and, where appropriate, correct it or erase it.
- Take security measures to prevent
unauthorised or accidental access to alteration, disclosure, or
loss and destruction of information.
Request for Information
Any request from a guest for the disclosure of
information which he/she believes is recorded by virtue of the
scheme will be directed to the Enforcement Services Manager. In the
absence of the Enforcement Manager seek guidance from the Data
Protection Officer (DPO).
The principles of section 21 of the Data
Protection Act should be followed in respect of such requests
wherever practicable. They are;
If the request cannot be complied with without
identifying another individual, permission from all parties must be
obtained.
The person making the request must be able to
satisfactorily prove his/her identity and provide sufficient detail
to enable the information to be located.
Exemptions to the Provision of Information
In considering a request made under the
provision of Section 21 of the Data Protection Act, reference
should also be made to section 28 of the Act, which includes the
following statement:
Personal Data held for any of the following
purposes:-
(a) the prevention or
detection of crime
(b) the apprehension or
prosecution of offenders
are exempt from the above subject provisions
in any case in which the application of those provisions to the
data would be likely to prejudice any of the matters mentioned in
this subsection.
A police radio may be installed in the control
room as part of the operational communication system. These
transmissions are covered by the Data Protection Act and all staff
will be subject to vetting.
The Human Rights Act 1998
Closely aligned with data protection is The
Human Rights Act 1998. This Act incorporates the European
Convention on Human Rights into British Law. The Act makes it
unlawful for a public body to contravene a Convention right and
also a failure to act to prevent the contravention. Article 8 in
particular guarantees the right to privacy.
Article 8 requires that any interference with
the right to privacy must be in accordance with the law. Secondly
any interference must fall within one of the exemptions to be
lawful. These are basically the protection of national security,
public safety, public health and morals or to prevent public
disorder or crime.
Good Practice
As with data protection, the Thanet District
Council will incorporate those safeguards required to protect the
right of privacy in both these Codes of Practice and any Operating
Procedures.
Where necessary regular supervisory,
monitoring and compliance procedures will be introduced or
strengthened. It is recommended that, where possible, automatic
electronic “masking” should be introduced to those cameras in
residential areas to prevent intrusive surveillance.
Ownership
Thanet District Council who is responsible for
the management, administration and security of the system owns the
scheme. Thanet District Council will ensure the protection of
individuals and the public by complying with the Codes of Practice.
The Council have appointed a CCTV Liaison Officer (Enforcement
Services Manager) who operates from the owners offices, namely
Thanet District Council, Cecil Street, Margate. In the absence of
the Enforcement Services Manager seek guidance from the Data
Protection Officer (DPO).
The appointed individual is responsible for
providing the public with information about the scheme upon request
and will make provisions for evaluation of the scheme.
Whilst the scheme is to be owned and operated
by Thanet District Council the implementation is supported by the
following bodies: -
- Thanet Police (Kent County
Constabulary )
- Chamber of Commerce within
Thanet.
- Local business
All partners will work in accordance with the
Codes. The partners will have no involvement in the operating of
the system with the exception of the Police, when an incident is
drawn to their attention by the local authority monitoring
staff.
Performance Evaluation
This will be conducted by an independent body
appointed by Thanet District Council on an annual basis. They will
ensure that the scheme is operated in compliance with the codes of
practice and whether it has met its key objectives. Their
findings will be delivered to the elected members of the local
authority via the Enforcement Services manager.
Systems Management
Access to and secure storage of recordings - Control
procedure
Tapes / Discs will be secured in a lockable
cabinet in the CCTV control room, access to the cabinet will be by
authorised personnel only.
All Tapes/ Discs will be uniquely and
sequentially referenced to facilitate easy identification.
All recording equipment will be checked on a
regular basis to ensure it is working efficiently. Only high
quality videotapes / discs will be used.
At the time of tape/disc insertion the
supervisor or controller must record the date and time. The
supervisor or controller must record the date, time and reference
in a register.
The above procedure will also apply upon
tape/disc removal.
If recordings are archived, their individual
reference will be entered in the register
All recording equipment will be contained in a
secure environment.
All access to the equipment will be restricted
to authorised people only
When Tapes are handed to the police or other
authorised personnel an entry must be made in the register. A
signature from the recipient must also be obtained. Such recordings
when required will be sealed under signature.
All fully used tapes/ discs not archived or
required as evidence will be erased electronically for re-use after
31 days.
If for any reason a tape/disc becomes
defective it will be retained for a 31 day period prior to
destruction, unless the defective tape/disc concerned is required
as evidence. The sequential reference relating to that tape / disc
will not be used again.
Tapes / discs required for evidential purposes
by the Police will be retained in compliance with relevant
legislation and Force Policy. It is the responsibility of the
police to return any recordings in their possession at the
conclusion of these time limits
Any recordings in the possession of the police
will be treated as special property in accordance with Force
Policy.
Video tapes will be re-used a maximum of 12
times. Tapes and discs at the end of their working life will be
electronically erased and physically destroyed. A record will be
made in the register of any erasure/destruction.
Time/Date/Camera Identification
A time and date generator is essential, and
all camera sources must be clearly identified. The position of the
time/date on the screen and other information must be as
unobtrusive as possible but clearly visible. The time/date will be
“burned” into the recorded picture. As a matter of course all time
and date generators should be locked to the Rugby time signal.
Where this is not possible, a regular check on a daily or weekly
basis against the “speaking clock” or another known accurate source
should be made. This is particularly important at GMT/BST
changes.
Secure storage of stills
All stills remain the property of the owner
and if not handed over to the police will be stored in a secure
cabinet. Such taking of stills will be recorded in a register. The
register will contain the date, time, location, reason and officer
authorising.
Any ‘Stills’ in the possession of the police
will be treated as special property in accordance with Force
Policy.
Release/Access to Recordings
The release of recordings will only be to the
police, other statutory law enforcement agency or other parties
authorised by the owners.
The owners, police and other partners do not
support the use of any recordings for “entertainment programmes”
and agree not to release them for this purpose.
If tape / disc contain material concerning a
serious arrestable offence and the person depicted therein is
either:
- wanted
- a danger to the public
- a danger to himself or
herself
then at the discretion of the local Authority
/ Police , the stills or video sequences may be released to the
media providing it can be established that it is necessary in order
to bring that person to justice.
Regular/daily requests for review of tape/disc
recorded material will be conducted by appointed police liaison
officer.
- Viewing of recordings within the control
centre will be under the supervision of a supervisor or controller.
The time and date of any such viewing will be recorded in the
register. The name of the person viewing will also be recorded
including the start/end times of any such viewing and whether the
recording was of any evidential value.
- Where, for evidential reasons a working copy
of any master recording is required, the police will take the
sealed original and obtain a working copy via T.S.U. AV Services at
Kent Police Headquarters. A signature, date and time of removal
will be obtained from the officer seizing. The original will then
be treated as police special property and the relevant reference
number will be forwarded to the CCTV control room for entry in
their register.
Tape / Disc Retention
If at the conclusion of any court proceedings
a person is acquitted, or a person is not proceeded against, then
any master / working recording retained as evidence will be kept by
Kent County Constabulary for such a period of time in compliance
with the law and its current policy. Upon return to the control
room the recording will be erased.
Training of staff
It is envisaged in the near future that the
Security Industry Training Organisation (S.I.T.O.) in response to
the need for CCTV training will launch a National Vocational
Qualification covering the operational requirements for CCTV. We
believe that the thorough training of operatives is vital for the
effective and smooth running of the system and any employees and
contractors will be expected to attend a relevant course and obtain
the proposed National Vocational Qualification. It will be the
responsibility of any contract company to ensure that their staffs
are trained to this standard. Whilst the N.V.Q. is not available,
then training will be undertaken by the installers concerning the
technical application of the system and the police / owners
concerning codes of practice and evidence rules. Once the N.V.Q.
has been established then this will be the expected standard.
Control room practice
- The CCTV Control Room will be secured at all
times.
- Access to any CCTV control room or any other
room within which CCTV equipment is housed will be strictly limited
to the Supervisor, controllers and authorised management on the
production of proof of identity. Police officers will be allowed
entry for evidence seizure and liaison purposes. In other cases it
is anticipated that visits will be pre-arranged with the police
liaison officer. In cases of emergency any police officer will be
permitted access on the production of their warrant card. Any
visitors and refused visitors’ details will be recorded in the
appropriate register.
- All external doors to these rooms will be
fitted with a device to restrict entry from the outside. Any keys
or access codes will be restricted to authorised people only. Voice
communication will be provided to identify callers, in conjunction
with visual means. Supervisors/controllers must satisfy themselves
that callers can be identified, and that the purpose of their visit
is valid.
- Monitoring will take place 24 hours a day in
time lapse mode. The maximum time lapse period will be 24 hours or
less, depending on the number of cameras. Wherever possible the
system should be monitored 24 hours a day and at least one
controller or supervisor must be present within the control room
throughout this period. If an incident is identified then the
operator will ensure it is recorded in real time.
- Any other personnel admitted to the control
room, such as cleaning staff or engineers effecting repairs must be
authorised by the owner and must be supervised at all times whilst
they are in the control or equipment room. An entry must be made in
the register of the visit.
Following agreement by the operator at the
time, the Police communications supervisor will provide sufficient
information to the operator of the genuine need for control. Such
control of the system will be given in the following
circumstances:
- To assist in the detection of
crime.
- To facilitate the apprehension and
prosecution of offenders in relation to crime and public
order.
- Preventing or abating interruption to
traffic flow.
- Monitoring an incident of
concern/potential public disorder.
- To assist in matters of public
safety.
A telephone link through to Margate Police
Station may be used to quickly and effectively relay information on
incidents that arise. A police radio may also be held, which will
be supplementary to the telephone link. Control room staff may also
have the ability to monitor other radio frequencies such as those
used by retailers utilising any retail “radio link” system.
In the event of a major incident arising, such
as serious public disorder, bomb threats/explosions, serious fires,
the police will be given authority to supervise the CCTV control
room. Such authority will be given by the Community Services
Director or in their absence the control room supervisor.
Sound
If the system is operating outside of private
premises then it will be picture only with no sound recording
capability. Should such a need arise in the future then in
agreement with all the partners and after consultation with the
public, this section of the code can be re-written.
Signs
The area covered by CCTV will have signs
displaying this fact on all access points. Signs, will include the
owners’ name, address and contact telephone number.
Residential areas
Before any cameras are placed in residential
areas the residents in that area will be consulted concerning the
proposed system. The results of any such consultation will be taken
into account. The codes prohibit the invasion of privacy without
just cause. Therefore any operator/other person who uses the system
for such a purpose without just cause, as determined by the
partners will, if employed by the owners, will be subject to their
discipline procedures and may be liable to dismissal. Any
sub-contracted employees will also be subject to the same
disciplinary regulations. If the person concerned is a police
officer, then they will be subject to internal police discipline
regulations.
Targeted operations
Generally speaking targeted operations will
not be conducted. However, it is acknowledged that occasionally it
may be necessary to do so, but this may only be done in accordance
with the Regulations of Investigatory Powers Acts 2000.
Complaints
Any person wishing to make a complaint will be
directed to the Community Services Director Thanet District
Council. A complaint procedure form will be prepared and will be
made available upon request, at the owners premises previously
listed for availability of codes of practice. Details of such
complaints and outcomes will be contained in the annual report.
Lines of accountability
- Ultimate responsibility for the system lies
with the owner
- The Enforcement Services Manager will be
responsible for the day to day running of the system and will be
answerable to the owner.
- Supervisors and operatives will be
responsible to the Enforcement Services manager.
Code infringements
Misuse of the system will not be
tolerated, continuing public support is vital. Any person found to
be operating outside the codes without good and reasonable cause
will be investigated by the owners. If a breach is committed by a
supervisor/operative then they will be subject to disciplinary
proceedings in accordance with the owners guidelines.
If any breach constitutes an offence under
criminal or civil law then court proceedings may be taken.
If a breach of code is made by a police
officer then he/she will be subject to internal police disciplinary
proceedings.
If the breach by a police officer constitutes
an offence under criminal law then court proceedings may be
taken.
Any complaint made by a member of the public
concerning misuse of the system will be treated seriously and
investigated by the owner. The complaint will be recorded on the
appropriate form and an investigation will be instigated by the
Enforcement Services Manager.
Code of Practice updated
28th November 2011
See Also