CCTV & Body Worn Video Policy

(A pdf version of this policy is available for download here)

Introduction

The purpose of this policy is to ensure that CTC complies with legal requirements for CCTV and BWV (Body Worn Video) use, in compliance with the Information Commissioner’s Office Code of Practice and relevant legislation including:

  • the General Data Protection Regulations 2018
  • Human Rights Act 1998
  • Surveillance Camera Code of Practice
  • Protection of Freedoms Act 2012
  • College of Policing (only general principles applied)

Any surveillance camera captures personal data, so the use of CCTV/BWV has data protection and privacy implications. Before installation, CTC considered less intrusive methods of addressing the need, however, CTC concluded that the only way to address possible issues is through the use of CCTV/BWV.

Policy Statement

CTC use CCTV/BWV to support the safety and security of our employees and assets, including:

  • Staff
  • The Town Hall
  • Enfield Park, Enfield Park Play Area and Market Place
  • The Old Cattle Market Skate Park

Staff

BWV will be used as a deterrent to improper or aggressive behaviour towards any member of staff when carrying out duties in various locations within the Parish. It will also be used to provide evidence to support the investigation of safety and security related incidents. Staff will use the BWV following the 12 Principles within the Surveillance Camera Code of Practice:

Guiding Principles

System operators should adopt the following 12 guiding principles:

  1. 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.
  2. 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.
  3. 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.
  4. There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.
  10. There should be effective review and audit mechanisms to ensure legal requirements, policies and standards are complied with in practice, and regular reports should be published.
  11. 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.
  12. 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.

In addition, staff will also follow the College of Policing Guidance:

  1. The use of a body worn camera for Local Authorities is lawful. In particular, for those who are lone working.
  2. Data to be managed in line with GDPR Rules.
  3. The use of BWVs should be overt – equipment must be clear to the public.
  4. The operational use of body-worn video must be proportionate, legitimate and necessary. Compliance with the Human Rights Act 1998 (HRA), Data Protection Act 1998 (DPA) and Surveillance Camera Code of Practice will ensure the use of BWV is always proportionate, legitimate and necessary. Continuous, non-specific recording is not permitted.
  5. Use of body-worn video will be incident specific. The GM will use common sense and sound judgement when using body-worn video. The GM will be required to justify their use of BWC. There should be a tendency towards capturing audio/visual evidence when deciding whether to record.

How BWV recordings will be made

Staff will follow the procedures below, in line with the Surveillance Camera Code of Practice:

  • Announce, where possible/practicable, to the subject(s) of an encounter that video and audio recording is taking place using BWV.
  • Begin recordings at the start of any incident and continue uninterrupted until the incident is concluded
  • Not make recordings of general duties

The Town Hall

CCTV will be used to act as a deterrent to intruders and to theft or misuse of property or information. It will also be used as a deterrent to improper or aggressive behaviour towards employees and Councillors of CTC. It will also be used to provide evidence to support the investigation of safety and security related incidents. Cameras are sited so that they are secure and protected from vandalism.

Enfield Park and Market Place (bandstand)
CCTV and appropriate lighting will be used to act as a deterrent to antisocial behaviour (including vandalism, drug use, violation of Enfield Park bylaws) which may adversely affect the park facilities including the play areas and mural. It will also be used to provide evidence to support the investigation of safety and security related incidents . Cameras are sited so that they are secure and protected from vandalism.

Old Cattle Market Skate Park Plaza

CCTV will be used to act as a deterrent to antisocial behaviour at the skate park (including vandalism and drug use). It will also be used to provide evidence to support the
investigation of safety and security related incidents. CCTV will be used in conjunction with appropriate lighting. Cameras are sited so that they are secure and protected from vandalism.

Policy

  1. CTC will not use CCTV/BWV for other purposes. Only BWV capture audio recording.
  2. CCTV cameras will be sited so that recordings meet the stated purposes. They will cover entrances to the premises and cover play areas within the Town.
  3. Cameras have been sited so that they provide clear images.
  4. Cameras have been positioned to avoid capturing the images of persons not visiting the premises. The use of a surveillance camera must take into account its effect on individuals and their privacy, with annual reviews taking place to ensure its use remains justified.
  5. Regular checks are carried out to ensure that the system is working properly and produces high quality images.
  6. CTC will be transparent in our use of CCTV/BWV and it will make all who use the premises aware of its use. For CCTV, this includes the Town Clerk’s details, for access to information and complaints, through appropriate signage.
  7. CTC has procedures for operating and accessing CCTV/BWV recording equipment, which it will communicate to those users, contractors and third parties who administer, access or operate the equipment or data. The named individual responsible for the system is Esther Greig, Town Clerk.
  8. CCTV/BWV recordings and data will be classified as confidential information and held in secure systems with appropriate security measures to safeguard against unauthorised access and use. This includes password protected computers where this information is stored, and hardware stored in a lockable room.
  9. CTC will ensure that contractual arrangements with any contractors or third-party suppliers who may maintain or administer CCTV/BWV systems on our behalf cover confidentiality and information security.
  10. Users will only access and view CCTV/BWV recordings and data in response to a request by law enforcement bodies, Councillors or data subjects, authorised by the Clerk (and in her absence, the Deputy Town Clerk) and/or Mayor. Details of how to request information are included in CTC’s Freedom of Information Publication Scheme.
  11. Information will be stored in a way that allows relevant frames to be isolated to answer a request. Training has been given to authorised staff (Town Clerk and Deputy Town Clerk) on the operation, playback and downloading of recorded images for law enforcement purposes. This can be done without interrupting the operation of the system or loss of data. GDPR training has also been given to staff.
  12. CCTV/BWV information will not be disclosed except as necessary for the stated purpose, for law enforcement bodies, or to respond lawfully to a request under GDPR or Freedom of Information Act (FOI). Staff operating the system are aware of DPA Rules, in particular s10 DPA (prevent processing likely to cause substantial and unwarranted damage or distress) and (s12 DPA) prevent automated decision-making in relation to the individual.
  13. Recordings and data will routinely be held for 30 days and then deleted.
  14. This policy will be reviewed annually to ensure legal requirements and standards are complied with in practice.

Adopted 20 October 2020