OADBY AND WIGSTON BOROUGH COUNCIL

CLOSED CIRCUIT TELEVISION

CODE OF PRACTICE

working with

WIGSTON LOCAL POLICE UNIT

1.INTRODUCTION Oadby and Wigston Borough Council operates static Closed Circuit Television (CCTV)cameras and a mobile (redeployable RCCTV) camera and will work together with the Wigston Local Policing Unit who both certify their acceptance of the requirements of this code.

Closed Circuit Television (CCTV) has become a common feature of daily lives. Its use necessarily involves intrusion into the lives of ordinary individuals as they go about their day to day business. As a result of the potentially sensitive nature of surveillance there are codes, guidelines and legislation which must be complied with in order to operate a CCTV scheme legally and fairly

Images recorded by CCTV are deemed to be personal data under the terms of the Data Protection Act. 1998 (DPA). The principles of which are attached at appendix 1. Personal data is not limited to the ability to name an individual. If images of an individual’s features are processed and an individual can then be identified from those images they will amount to personal data. Data is considered to have been processed from the point at which is recorded and retained even if the data is not subsequently viewed by anyone.

The basic legal requirement is to comply with the DPA itself. The DPA not only creates obligations for organisations but it also gives individuals rights such as the right to gain access to their details and to claim compensation when they suffer damage.

This Code of Practice (hereafter referred to as the Code) intends as far as is reasonably practicable to ensure that CCTV systems operate in compliance with the law and safeguards the integrity of any action whilst ensuring the right to privacy is not breached.

This Code is supplemented by a separate Procedural Manual which offers instructions on all aspects of the day to day operation of the System. To ensure the purpose and principles of the CCTV system are realised the procedural manual is based and expands upon the contents of this Code.

This Code is based upon the Information Commissioner’s Office CCTV Code of Practice revised 2008 and the national CCTV User Group Model Code of Practice

Any major changes that will have a significant impact on the Code will take place only after consultation with relevant interested groups and those with a participating role in the operation of the scheme. Minor changes which have no significant impact ie for clarification, may be agreed between Officers.

2. AIMS AND OBJECTIVES It is important that those who are likely to be affected by CCTV cameras; those who are likely to request their deployment and all personnel involved in the operation have a clear understanding as to the circumstances in which the system will be deployed .

The objectives of the system are  to help reduce the fear of crime  to help deter crime and anti social behaviour  the prevention and detection of crime and provision of court/tribunal evidence  the maintenance of public order  the reduction of nuisance and vandalism  .the enhancement of a sense of safety by the public  the identification of traffic problems  the provision of appropriate information for town centre  management.  the training of staff and Police Officers in CCTV use  to assist in supporting civil proceedings  staff discipline

The above is a broad outline. The local Police Commander or the Chief Executive after consultation may draw up specific objectives based on local concerns. These will be reviewed annually.

3. ESTABLISHING THE NEED FOR CCTV OR CONTINUING THE USE OF CCTV Before installing CCTV an objective impact assessment of the scheme’s impact on people’s privacy needs to be carried out to determine whether CCTV is justifiable in all the circumstances and if so how should it be operated in practice. The extent of assessment necessary will depend on the size of the proposed scheme and the level of impact it is likely to have on people’s privacy. An impact assessment should as a minimum address the following:-

 What is the purpose for using CCTV  What are the problems it is meant to address  What are the benefits to be gained from its use  Can CCTV technology realistically deliver these benefits  Can less privacy –intrusive solution such as improved lighting achieve the same objectives  Are images of identifiable individuals required or could the scheme use other images not capable of identifying individuals  Will the equipment being considered deliver the desired benefits now and remain suitable in the future  What future demands may arise for wider use of images and how they will be addressed  What are the views of those who will be under surveillance  What could be done to minimise intrusion for those that may be monitored particularly if specific concerns are expressed  What organisation will be using the CCTV images? Who will take legal responsibility under the DPA

This checklist will be a form for completion within the procedural manuals

3.1 Human Rights issues Consideration will also need to be given to the wider human right issues and in particular the implications of the European Convention on Human Rights Article 8 (the right to respect for private and family life. Article 8 is set out in Appendix 1 )This will include:-

 Is the proposed system established on a proper legal basis and operated in accordance with the law  Is it necessary to address a pressing need such as public safety crime prevention or national security  Is it justified in the circumstances  Is it proportionate to the problem it is designed to deal with.

If this is not the case then it would not be appropriate to use CCTV

4. RESPONSIBILITIES

The Owner is Oadby and Wigston Borough Council The Data Controller is Oadby and Wigston Borough Council jointly with Wigston Local Police Unit Each authority is to keep in place adequate insurance to cover loss or damage of the RCCTV equipment when in their respective use The Data Controller is the body or bodies,( not individual Officers) who has/have overall responsible for the control of images for example deciding what it is to be recorded; how the images should be used and to whom they may be disclosed. Where more than one authority is the Data Controller, each must be aware of their responsibilities. Whilst the day to day running of the operation will be allocated to Officers it is the Data Controller who is legally responsible for compliance with the DPA

The Data Controller is to ensure that clear procedures are in place and that all personnel who use CCTV are aware of and comply with the relevant legislation, Code of Practice and procedural manuals . Each person having direct involvement with the system will be required to sign for receipt of a personal copy of both the Code and procedure manual An appropriately named individual for each authority will be designated to ensure procedures and standards are followed. 4.1 Notification Notification must be made to the Information Commissioner of who is the Data Controller. Notification must be in accordance with the procedure under the DPA. Notification needs to include the purposes for which the images are used, the disclosures that are made and other relevant details. Notification needs to be renewed annually by the Data Protection Officer of each authority 4.2 System of Review Evaluation of the benefits of the system will take place at regular reviews between representatives of Oadby and Wigston Council and Wigston Local Police Unit and other interested groups.to see whether continued use is justified. Factual information on the location of cameras and statistical findings of their effectiveness will form part of the evaluation process. Pro active checks need to be carried out on a regular basis to ensure procedures are being complied with.

5.LOCATION OF CAMERAS The areas covered by static CCTV to which this Code refers to is attached at Appendix 2. The RCCTV will be deployed around the borough of Oadby and Wigston as necessary to target trouble hotspots. Identification of sites will be through the various working groups concerned with the prevention of crime and disorder. The procedure manual will set out how requests for site will be dealt with. An authorised Officer will be responsible for the keeping of a log of redeployment of the RCCTV as part of the procedure manual  All operators of cameras associated with this CCTV System will act with the utmost probity at all times  .Every use of the cameras will accord with the purposes and key objectives of the system and shall comply with the Code and the procedure manual  Cameras will be sited and image capture restricted to ensure they do not view areas that are not of interest and are not intended to be the subject of surveillance eg to look into private residential property. .  The over-riding principle is that camera operators are responsible for their every use of the cameras, which must be justifiable.  None of the cameras will be installed in a covert manner. The use of covert surveillance will need to be considered under the Regulation of Investigatory Powers Act 2000. Advice should be sought from the appropriate Officer at each authority. The procedure manual contains a checklist of points to consider when siting cameras and factors to bear in mind to achieve the purposes for which the CCTV is being used. The Home Office Scientific Development Branch at http://scienceandreseach.homeoffice.gov.uk/hosdb gives recommendations on identifying the need for CCTV and guidance on the quality of images needed for each purpose

6. USING THE EQUIPMENT CCTV must not be used to record conversations between members of the public as this is highly intrusive and unlikely to be justified. Equipment with a sound recording facility should be turned off or disabled There are limited circumstances when audio recording may be justified as set out in the Information Commissioner’s Office CCTV Code of Practice The procedure manual will contain a checklist of points to consider to ensure that the images produced are of a suitable quality for the purpose for which the system was installed otherwise if images cannot be used this may undermine the purpose for undertaking CCTV surveillance

7 STORING AND VIEWING IMAGES Recorded images will be viewed in a restricted area such as a designated secure office. The monitoring or viewing of images from areas where an individual would have an expectation of privacy will be restricted to authorised persons A portable receiving and recording device (“the briefcase”) provides a means of operating and recording images from the RCCTV. The briefcase will only be issued to authorised persons and procedures are to be in place for the booking out of equipment. Authorised personnel will have been properly trained in the use of monitoring equipment and will be required to sign a declaration of confidentiality Access to and the use of recorded material will be strictly for the purposes defined in this Code When not in use RCCTV equipment will be stored in a safe environment and responsibility for its security will be to a designated person.. 8. SIGNAGE It is a requirement of the DPA that the public must be warned of areas where CCTV surveillance is being carried out. Signage should be:  Prominently placed at the entrance to a CCTV zone and reinforced with further signs inside the area to indicate the presence of CCTV monitoring.  particularly prominent and frequent in areas where it would be less obvious to people they are on CCTV  Clearly visible, readable and of an appropriate size, taking into account the location  Display the name and contact details of the authority responsible. 9. SUBJECT ACCESS REQUESTS Those who request access must provide details which allow them to be identified as the subject of the images and also to be able to locate the images on the system: The Data Controller will make available to an individual making such a request should be given a subject access request form which will set out the information required, any charges to be made (maximum of £10.00) and the information will be provided within 40 calendar days of receiving the request. The principles of Section 7, 10 and 12 of the DPA (Rights of Data Subjects and Others) should be followed in respect of every request If the request cannot be complied with without identifying another individual permission from all parties must be considered in accordance with the requirements of the legislation. If third party images are not to be disclosed arrangements are to be made for the third party images to be disguised or blurred. If it is necessary to contract this work out, a written contract with the processor which specifies exactly how the information is to be used, is required and explicit security guarantees have been given by the processor. 9. 1 Exemptions to the Provision of Information In considering a request made under the provisions of Section 7 of the Data Protection Act 1998 reference may also be made to Section 29 of the Act which includes, but is not limited to, the following statement. Personal data processed for any of the following purposes i) the prevention or detection of crime ii) the apprehension or prosecution on offenders are exempt from the subject access provisions in any case “to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection” Note Each and every application will be assessed on its own merits and general blanket exemptions must and will not be applied.

10. RETENTION The DPA does not specify a minimum or maximum retention period of recorded images. A retention policy will be dependent upon what is necessary to meet the purposes for recording images. The procedure manual will include the minimum and maximum periods images are to be retained and the methods for permanent deletion

11. DISCLOSURE Care needs to be taken and operators need to be fully aware of the circumstances in which it is appropriate to make disclosure  Requests for disclosure are to be made to the Data Protection Officer for each authority for judgement on disclosure  A system of log of disclosures with details of the disclosure and the procedure for a secure method of disclosure is to be part of the procedure manual The log must record the reason why disclosure is consistent with the overall purpose of the scheme or why disclosure is refused  Disclosure is to made to law enforcement agencies regardless of whether the system is for that purpose otherwise disclosure to third parties is in very limited circumstances.  Disguise or blur images of individuals where appropriate  Release to the media should not be for entertainment purposes and only through a law enforcement agency  Once disclosure to a third party body they become the Data Controller and responsible for compliance with the DPA  If outside contractor used the same principle as set out in paragraph 9

12. FURTHER INFORMATION Any queries regarding this Code should be addressed to the Head of Legal and Licensing, Oadby and Wigston Borough Council, Station Road, Wigston, Leicestershire LE18 2DR Other useful contacts are:- Information Commissioner’s office website www.ico.gov.uk National CCTV user group www.cctvusergroup.com Home Office www.crimereduction.homeoffice.gov.uk

1 APPENDIX 1 – LEGISLATION RELEVANT TO USE OF CCTV Data Protection Act 1998 –the data protection principles

Anyone processing personal data must comply with the eight enforceable principles of good practice. They say that data must be:  fairly and lawfully processed;  processed for limited purposes;  adequate, relevant and not excessive;  accurate;  not kept longer than necessary;  processed in accordance with the data subject's rights;  secure;  not transferred to countries without adequate protection. Personal data covers both facts and opinions about the individual. It also includes information regarding the intentions of the data controller towards the individual, although in some limited circumstances exemptions will apply. With processing, the definition is far wider than before. For example, it incorporates the concepts of 'obtaining', holding' and 'disclosing'.

The Human Rights Act 1998

The Human Rights Act 1998 came into Force on 2nd October 2000 bringing with it a number of Articles which give instruction on how we, as a society are to treat people. It finally brings the UK up to date with human rights legislation, which it actually helped to draft. The most important articles are as follows: ARTICLE 6 RIGHT TO A FAIR TRIAL 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. ARTICLE 8 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right, except such as is in accordance with the law, and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. ARTICLE 14 PROHIBITION OF DISCRIMINATION The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. This would come into play, if operators were to excessively monitor members of the public according to their colour or dress.

Regulation of Investigatory Powers Act 2000.

The Regulation of Investigatory Powers Act 2000 came into force on 2nd October 2000. It places a requirement on public authorities listed in Schedule 1; Part 1 of the act to authorise certain types of covert surveillance during planned investigations. Reference should be made to Oadby and Wigston Borough Council policy on the Regulation of Investigatory Powers Act 2000

. APPENDIX 2

LOCATION OF STATIC CAMERAS IN BOROUGH OF OADBY AND WIGSTON

To be completed APPENDIX 3 MONITORING YOUR WORKFORCE

Where the CCTV is in the workplace whether or not specifically desighed to capture images of workers the following should be addressed

 A CCTV scheme installed on work premises to prevent crime and detect crime must not be used to monitor work done or compliance with policies and procedures. Images should only be viewed when there is suspected criminal activity,

 Cameras should be sited to avoid being directed specifically to capture

 Are images of workers used only if you see something you cannot be expected to ignore, such as criminal activity, gross misconduct, or behaviour which puts others at risk?

 If these images are used in disciplinary proceedings the footage should beretained so that the worker can see it and respond as a still image is unlikely to be enough.

 In some cases, it may be appropriate to install CCTV specifically for workforce monitoring. You should go through the decision making process of this code and consider whether it is justified. In particular, consider whether better training or greater supervision would be a more appropriate solution.

 CCTV should be limited to areas which workers would not expect to be private for example CCTV should not be used in toilet areas or private offices.

 Workers must be made aware that CCTV is used for staff monitoring and how it will be used. Visitors are informed that there is CCTV in operation?

 If CCTV is used to enforce internal policies, workers need to be fully aware of these policies and have they had sufficient training

 Workers have the rights as any other individual to submit subject access requests

Workers should normally be aware that they are being monitored, but in exceptional circumstances, covert monitoring may be used as part of a specific investigation :-

 Is this an exceptional circumstance, with reason to suspect criminal activity or equivalent malpractice?  Will the cameras only be used for a specific investigation, and will they be removed once the investigation is complete?

 Would it prejudice the investigation to tell workers that cameras are being used?

 Have you taken it into account the intrusion on innocent workers?

 Has the decision been taken by senior management?

Cameras and listening devices should not be installed in private areas such as toilets and private offices, except in the most exceptional circumstances where serious crime is suspected. This should only happen when there is an intention to involve the police, not where it is a purely internal disciplinary matter.

In some cases, covert cameras installed fro one investigation turn up evidence of other criminal behaviour or disciplinary offences. You should only make use of this where the offence is serious, for example, gross misconduct or misconduct putting others at risk. It would be unfair to use evidence obtained covertly for minor disciplinary matters.

In some cases, covert monitoring may be covered by the Regulation of Investigatory Powers Act 2000 . Advice should be sought from the appropriate Officer at each authority