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Home , Hyndburn Borough Council, Lancashire

Code of Practice CCTV

of

Blackburn with Borough Council

and Pennine CCTV Hub

3 May 2019

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Certificate of Agreement

The contents of this Code of Practice are hereby approved by the signatories on behalf of with Darwen Borough Council, City Council, Borough Council, Borough Council, and Rossendale Borough Council. The Code will be followed by Council in its management and operation of the Hub and, where applicable, by the signatories. By signing this document the organisations below accept and will adopt the statements included in this Code of Practice and agree to maintain the specified standards where applicable. The principles in this Code are also applicable to Blackburn Borough Council’s ‘Other Cameras’ as defined within the Code. The terms of the Code are also agreed and signed by as regular users of the information gathered by the Hub.

Signed for and on behalf of: Blackburn with Darwen Borough Council of [insert address]:

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

Signed for and on behalf of: Preston City Council of Town Hall, Preston, PR1 2RL:

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

Signed for and on behalf of: Burnley Borough Council of Parker Lane Offices, Burnley BB11 2BY:

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

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Signed below for and on behalf of: of Scaitcliffe House, Ormerod Street. BB5 OPF

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

Signed below for and on behalf of: Pendle Borough Council of Market Street, Nelson, BB9 7LG

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

Signed for and on behalf of Rossendale Borough Council of Business Centre/Futures Park, OL13 0BB

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

Signed below for and on behalf of Lancashire Constabulary , HQ at Saunders' Ln, Hutton, Preston PR4 5SA:

Signature……………………………………… Name……………………………………….

Position Held ………………………………………………………………………………….

Dated the………………………………………day of………………………………….201

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Contents

Page Title

2-3 Certificate of Agreement

4 Contents

5 Glossary

6 Introduction (Purpose and Law)

7-9 Principles of Operation

10 BwD Council’s Other Cameras

10-11 Data Protection

11-12 Criminal Procedure and Investigations act 1996

12 Accountability

12-13 Assessments of the use of the Hub

13 Assessments of the Use of Other Cameras

13 Control and Operation of cameras

14 Maintenance of the System

14 Access to and Security of, Monitoring Room and Associated Equipment

15 Management of Recorded Material

16 Video prints

16 Other Cameras refer only to those held by BwD Council

16-17 Complaints

17 Document Change Control

18 Appendix A Example of sign

19-22 Appendix B RIPA 2000 Guidance

23 Appendix C Data Protection Principles

24 Appendix D Council Liaison Officers

25 Footnotes

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GLOSSARY

The Agreement A formal Agreement which has been entered into between the Partners and BWD Council for BWD Council to operate their Town Centre CCTV cameras on their behalf The BWD Council Blackburn with Darwen Borough Council, (Hub Owner and data controller for the Hub) This Code This local Code of Practice agreed by the Partners in order to comply with national, statutory one referred to as SCOP 2013 (see definition below) Council Liaison Officer Council Officer nominated by his/her Council as a single point of contact to liaise with authorised officers of the Hub – See Appendix D for details The Hub The Pennine Lancashire CCTV Hub operated by BWD Council on behalf of the Partners which includes the operational part of the CCTV system comprising the staffed monitoring/control room and cameras Hub Operators Staff employed in the Hub who are duly authorised by BWD Council through its Hub Manager to operate the equipment therein and properly trained to Security Industry Authority standards. Hub Area The areas covered by the CCTV within the Hub which are the public areas within the responsibility of each of the Partners and cover the Partners’ respective town centres and surrounding areas – See current camera coverage as publicised by BWD Council on its internet [insert link here] The Hub Areas are subject to change see para 6.5. Temporary cameras can be deployed as part of the Hub see para 2.11 Hub Manager BWD Council’s Community Safety CCTV Services Manager whose role is to develop and deliver a CCTV Strategy; to manage the CCTV control room on a day-to-day basis; and to develop relationships between Lancashire Police and our Partners Master Copy A download on which video footage is recorded ‘live’, either in real time (i.e. 25 frames per second) which is properly recorded, secured and stored for use in Court proceedings. Partners Councils and police Partners listed on page 2 and ‘the Council Partners’ will sometimes be referred to separately from the police Partner. Personal Data Personal data is information that relates to an identified or identifiable individual Procedural Manual The handbook followed by the Hub Operators which provides practical and technical instructions on all aspects of the day-to-day operation of the Hub. It is based and expands upon the contents of this Code of Practice. Other Cameras Other mobile or static CCTV not within the Hub Area, such as BWV (Body Worn Video) and other such video recording equipment which is kept by BWD Council for the purposes of obtaining overt film footage for BWD Council’s health and safety purposes or for their enforcement and regulatory functions e.g. BWV, ANPR (Automatic Number Plate Recognition) and unmanned aerial vehicles. Recorded Material Any material recorded by, or as the result of, technical equipment which forms part of the Hub, but includes images recorded digitally including video prints (stills). (This includes paper copy, digital tape, DVD, CD or any form of electronic processing and storage) RIPA Regulation of Investigatory Powers Act 2000 SC COP 2013 Surveillance Camera Code of Practice 2013 - the statutory Code issued by the Secretary of State pursuant to Part 2 Chapter 1 Sections 29 – 36 of the Protection of Freedoms Act 2012 SCC Surveillance Camera Commissioner

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1. Introduction (Purpose and Law)

1.1 The Hub is operated by BWD Council on behalf of the Partners and in accordance with this Code. The Code sets the parameters of the Hub’s operation and provides public assurance that the law which protects the privacy of members of the public is complied with. The law is contained in various pieces of legislation more notably the General Data Protection Regulationi, Data Protection Act 2018, Regulation of Investigatory Powers Act 2000 (RIPA), Human Rights Act 1998 and the Protection of Freedoms Act 2012. The Hub will be operated by BWD Council in such a way as to maintain a balance between the preservation of the privacy of members of the public and the necessity to preserve their safety.

1.2 Changes to this Code will only be made by agreement between the Partners as and when required save where the proposed change is solely applicable to the use of Other Cameras by BWD Council which are not part of the Hub.

1.3 All the Partners are public bodies for the purposes of the Protection of Freedoms Act 2012 (POFA 2012) and as such there is a statutory duty under section 33 POFA 2012 to have regard to the guidance in the Surveillance Camera Commissioner’s statutory Code of Practice (defined in the Glossary on page 6 above and referred to as, ‘SC COP 2013’).

1.4 The Surveillance Camera Commissioner appointed by the Secretary of State under section 34 POFA 2012 has the functions of (a) encouraging compliance with the SC COP 2013, (b) reviewing its operation and (c) providing advice about it (including changes or breaches).

1.5 A formal Agreement (The Agreement) has been entered into between all the Council Partners for BWD Council to operate the cameras within the Partners’ respective areas on their behalf. This Code is appended to that Agreement. Those areas are defined in the Glossary on page 6 and referred to as the Hub Area.

1.6 The locations of the Hub cameras are shown on BWD Council’s website www.blackburn.gov.uk/Pages/Crime- Prevention-and-community-safety.aspx and are placed to film public places, including car parks and highways within the Hub Areas and signage is placed prominently in those areas to alert the public to their existence.

1.7 Another purpose of the Code is to provide parameters for the operation of the Other Cameras which are held for BWD Council functions only. Whilst these are outside the Agreement, all the principles, objectives and processes in this Code that are stated to apply to the Hub, must also be followed by BWD Council in relation to the other cameras (‘Other Cameras’), wherever appropriate in the particular circumstances. This is because the SC COP 2013 applies to ‘surveillance camera systems’ whose definition in the POFA 2012 is as follows: “1.1 (b) any other systems for recording or viewing visual images for surveillance purposes; (c) any systems for storing, receiving, transmitting, processing or checking the images or information obtained.”

1.8 The Partners recognise that their duty under the Human Rights Act 1998 (HRA) not to act in a way that is incompatible with a Convention right. The Partners consider that it is lawful, necessary and proportionate to use CCTV and Other Cameras overtly within the Hub Area because of the pressing need to prevent crime and disorder, reduce crime, reduce the fear of crime, improve public safety and otherwise carry out their various necessary enforcement functions.

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1.9 Section 163 of the Criminal Justice and Public Order Act 1994 gives to local authorities the legal power to provide closed circuit television for recording visual images of events occurring on any land within their area if they consider that it will promote crime prevention and victim welfare within those areas.

1.10 Under section 17 Crime and Disorder Act 1998 the Partners are each under a duty to exercise their various functions with due regard to the likely effect of the exercise of those functions on and the need to do all that it reasonably can to prevent: crime and disorder (including anti-social behaviour and other behaviour adversely affecting the local environment); the misuse of drugs alcohol and other substances in its area and reoffending in their areas.

1.11 Another important legal duty that also applies across all of the Council Partner functions is imposed by s11 Children Act 2004 to safeguard and promote the welfare of children. (see end note ii)

1.12 Under section 115 of the Crime and Disorder Act 1998 any person has the power to provide information to the Partners or any officer or agent employed by the Partners where it is necessary or expedient to do so for the purposes of the provisions of that Act.

1.13 It is recognised that operation of the Hub may be considered to breach the privacy of individuals and needs to be justified. In relation to the Hub, BWD Council has completed an Equalities Impact Assessment to enable compliance with the Equality Act 2006, a Privacy Impact Assessment to enable compliance with Information Commissioner’s Code of Practice on Data Sharing, the GDPR and Data Protection Act 2018 and has used Surveillance Camera Commissioner Self-Assessment tool to enable compliance with SC COP 2013 (see clause 5.1 for further detail about the self –assessment tool. These will be updated every two years or whenever a substantial change to the processes takes place.

1.14 The proportionality of the use of the Hub and Other Cameras to further the aim of crime prevention is also achieved by adopting appropriate operating procedures limiting its use such as processes to conceal the identity of individuals whose personal data is not required. (see para 6.5 e.g. use of ‘privacy zones’)

1.15 The purposes of the Hub and Other Cameras are;

• To assist in the prevention, investigation and/or detection of crime, • To assist in the apprehension and /or prosecution of offenders, • To deter anti-social behaviour offences against the person and property, • To prevent and reduce vandalism and anti-social behaviour, • To enhance community safety and reduce the fear of crime, • To provide a safe environment for people who live, work and visit the area, • To assist the Partners in their various public safety or regulatory functions which include amongst others safeguardingii, licensing, environmental protection, trading standards and food safety.

2. Principles of Operation

2.1 The Hub and Other Cameras will be operated by BWD Council in accordance with the 12 Guiding Principles set out in the SC COP 2013iii which are summarised below:

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Principle 1. Use of a surveillance camera system must always be for a specific purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need.

Principle 2. The use of a surveillance camera system must take into account its effects on individuals and their privacy, with regular reviews to ensure its use remains justified.

Principle 3. There must be as much transparency in the use of a surveillance camera as possible, including a published contact point for access to information and complaints.

Principle 4. There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.

Principle 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.

Principle 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 purpose has been discharged.

Principle 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.

Principle 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.

Principle 9. Surveillance camera systems images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.

Principle 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.

Principle 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 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.

Principle 12. Any information to support a surveillance camera system which compares against a reference database for matching purposes should be accurate and kept up to date.

2.2 The Hub and Other Cameras will be operated fairly with due regard to the Article 8 Convention Right, namely the right to respect for one’s private and family life, their home and correspondence. Such right will not to be interfered with unless the interference is lawful, necessary for its intended purposes and proportionate as stated within the Article.

2.3 BWD Council shall ensure that there is available to be consulted by the appropriately trained Hub Operators a Procedural Manual they can follow on a day to day basis and which provides detailed practical and technical instructions on all aspects of the day-to-day operation of the Hub. It covers everything that is in this Code and expands upon it. The Partners may view it upon request to the Hub Manager.

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2.4 BWD Council, through its Hub Manager and Hub Operators will not allow the police to direct the cameras for particular investigations or targeted intelligence gathering (which is directed surveillance and is ‘covert’ as defined by RIPA) without the requisite formal authorisation in accordance with RIPA, police force policy and the Office of Surveillance Commissioners Procedures and Guidance issued in July 2016iv . Further information about RIPA is located at Appendix B. BWD Council will not undertake any other directed surveillance by use of its Other Cameras without there being in place an appropriate RIPA authorisation confirming that it is lawful, necessary and proportionate.

2.5 The Hub will be operated in such a way as to balance the need to use the Hub for the lawful purposes set out in 1.15 above with the need to safeguard the individual’s rights. BWD Council as Hub Owner is held accountable – see the complaints process at paragraph 11.

2.6 Transportable or mobile cameras may be temporarily used in the Hub Areas by agreement between the Partners in hotspot localities as and when required. The use of such cameras, and the Recorded Material produced by virtue of their use will be governed by this Code. Their use shall be properly documented; temporary signage will be posted so as to warn the public. The decision to use it, reasons for use, the use, the Recorded Material produced and the use of the Recorded Material through to destruction should all be recorded and that record retained in accordance with this Code. This use must be for the purposes set out in this Code at paragraph 1.15.

2.7 The Hub provides continuous live feed monitoring of and a suite to enable viewing and reviewing of the real time and Recorded Material provided by the CCTV cameras within its purview.

2.8 Secondary monitoring equipment may be located in police premises by agreement between the Partners wherever necessary for the efficient use of resources. Currently there are Hub stations at Preston, Rossendale and Police Stations set up by agreement between the Partners. Their use is properly documented, police users are appropriately trained, are issued with and use passwords and their use is recorded and audited. This will apply to future use at agreed locations. In this context ‘properly documented’ means that the decision to place it on police premises, reasons for use, the use, the Recorded Material produced and the use of the Recorded Material through to destruction will be recorded and retained in accordance with this Code. This use must be for the purposes set out in this Code at paragraph 1.15. Access to that documentation may be disclosed if it is not exempt under the Freedom of Information Act 2000.

2.9 The HUB has the capability of recording material from selected cameras in real time, producing hard copies of Recorded Material both as a video and/or still(s) which can be used as Master Copies, replay or copy any Recorded Material as may be required in accordance with the Code of Practice. For more information about the management of Recorded Material please refer to sections 8 and 9 of this Code.

2.10 Only Hub Operators will be permitted to access and operate the Hub CCTV cameras from the Hub premises, in accordance with this Code and the Procedural Manual.

2.11 All other officers with access to and/or the use of Other Cameras for the purpose of their role shall be duly authorised and receive training commensurate to their role which will also include a practical awareness of the Human Rights Act 1998, GDPR and Data Protection Act 2018, Regulation of Investigatory Powers Act 2000, Protection of Freedoms Act 2012 and the statutory Codes of Practice guidance and procedures of the various Commissioners especially those of the Surveillance Camera Commissioner.

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2.12 All Recorded Material, whether recorded digitally, in analogue format or as a hard copy video print, will be processed and handled strictly in accordance with this Code and the Procedural Manual.

BWD Council’s Other Cameras

2.13 The Other Cameras used by BWD may include Body Worn Video (BWV), Static Lane and Parking Services Enforcement Deployable CCTV. The precise types, numbers and purposes will be documented in a record regularly updated as changes occur, such record to be overseen by the Hub Manager in his capacity as single point of contact for the Surveillance Camera Commissioner.

2.14 The capabilities of the Other Cameras are various depending upon the BWD Council functions for which they are used. Such capabilities will be recorded as part of the central record to be kept the BWD Council.

2.15 The Other Cameras will be operated in such a way as to balance the need to use them for the lawful purposes set out in 1.15 above with the need to safeguard the individual’s rights. BWD Council as Hub Owner is held accountable – see the complaints process at paragraph 11.

2.16 BWD Council shall hold a central record of its various functions for which Other Cameras are used, with details of their type, what signage is being used, their purposes, where they are located, their secure storage, the identities of the officers who have access to them, the identities of the officers who authorise their use at any one time and who have overall responsibility for them in each case.

2.17 The Hub Manager shall act as BWD Council’s Single Point of Contact for the Surveillance Camera Commissioner in accordance with his Guidance of 10 March 2016v. He shall do this by communicating with those who are responsible within the Council regularly with updates, arranging review meetings where necessary and generally advising upon training and maintenance procedures and the processes and procedures required to comply with the law.

2.18 Note that neither BWD Council nor the Hub Manager shall be responsible for any other CCTV cameras or video recording facilities operated by the other Partners save for those CCTV cameras that are within the Hub Area and covered by the Agreement.

3. Data Protection

3.1 BWD Council has paid its fee to the Information Commissioner and is on the ICO public register as required.

3.2 The GDPR and Data Protection Act 2018 provide the right for the individual to obtain a copy of any personal data held about him or her. Any individual making a request for access to information should submit a Subject Access Request form and prove his or her identity (normally two copies of written evidence of identity and residence together with one colour photographic identification will be required). If an individual can prove that he or she is identifiable on a particular recorded image and can provide sufficient detail to enable the Hub Manager or his authorised officer to locate that image, then a copy of the image may be provided. However, it is reasonable to refuse such a request if to disclose it would include personal data relating to a third party which cannot be redacted.

A Subject Access Request Form can be obtained via our website [ https://mybwd.blackburn.gov.uk/Pages/Form%20Pages/PersonalInformationRequest.aspx

] or by contacting the Hub Manager by e-mail: [email protected] or telephone: 01254 585798.

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3.3 Exemptions to the Provision of Information: In considering a request made under the provisions of Data Protection Act 2018, section 1 (2) and (3) referring to Article 15 of the GDPR, reference may also be made to Schedule 2, part 1, section 2 (1) 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 of offenders

are exempt from the subject access provisions in any case ‘to the extent that the application of those provisions would be likely to prejudice any of the matters mentioned in this subsection’. All applications will be assessed on their own merits and general ‘blanket exemptions’ will not be applied.

3.4 Criminal Procedures and Investigations Act 1996 (CPIA): The CPIA contains a statutory framework for the disclosure to defendants of material which the prosecution do not intend to use as evidence in the presentation of its own case, (known as unused material). Disclosure of unused material under the provisions of this Act should not be confused with the obligations placed on the controller by Article 15 of the GDPR, (known as the right of access by the data subject).

3.5 All Recorded Material which is captured in connection with the investigation of a criminal offence and which is relevant to or has a bearing upon the investigation will either be unused material or evidence to be produced at court. This Recorded Material must be retained securely to such a standard that it can be produced as a Master Copy for use by the police or other enforcement officer in their investigation. Also it must be retained for the duration of both the investigation and the ensuing criminal proceedings plus an additional 6 months after the final sentencing and any additional time that it may take to appeal.

3.6 If there is any Recorded Material that is taken by BWV during the handing out of a fixed penalty in a case where a prosecution follows if the penalty is not paid, that footage will be treated as unused material. It must be retained until the fixed penalty has been paid or if the penalty is unpaid it must be kept until the defendant has been sentenced by the Court or until the conclusion of any appeal process.

3.7 If Recorded Material is not being used as evidence but is relevant to an investigation should be listed on the schedule of unused material that has to be given to the prosecuting solicitor by the appointed disclosure officer of the investigation. The disclosure officer will act in accordance with the provisions of the statutory CPIA Code of Practice to ‘record, retain and reveal’ to the prosecution solicitor any material which might reasonably undermine the prosecution case or assist the case for the defence so that this may then be disclosed to the defence.

3.8 Recorded Material or such material recorded and sealed as both Master Copies and Working Copies given to the police or investigating officers for the purposes of intelligence gathering or a criminal investigation should be given to them on the understanding that those police or other officers will exercise their responsibilities under the CPIA to retain and reveal. It shall not be the responsibility of the Hub Manager to exercise those duties.

3.9 In exceptional circumstances such as where the Recorded Material contains what may be reasonably regarded as evidence of extremely serious offences and it is necessary to preserve the integrity of the evidence, the Hub Manager may make a decision to retain the Recorded Material whether by agreement with the police officer or other investigating officer or not. If such a decision is made, the reasons for the decision and any agreement with the investigating officer to do so will be a matter of record. The Recorded Material will be retained no longer than 6 months or until there is no reasonable prospect of the Recorded

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Material being needed. The record of decision will also state why it is lawful, necessary and proportionate to retain it.

4. Accountability

4.1 The Director of Adults and Prevention employed by BWD Council has overall responsibility for ensuring BWD Council complies with this Code both on its own behalf and in relation to the Hub on behalf of the Partners. The Hub Manager will act operationally as the Single Point of Contact for BWD Council with day to day responsibility for compliance and liaison with the SCC. (Should there be a future top level re- organisation at BWD Council whoever is formally given the current Director’s duties shall be responsible until this Code can be formally updated.)

4.2 Each of the Partners shall nominate a Council Liaison Officer to liaise with the Hub Manager and, if necessary. Hub Operators – See Appendix D for details of those in each Partner/Council.

4.3 A copy of this Code shall be published on the BWD Council website.

4.4 Signs will be placed prominently in the locality of the static cameras and at main entrance and exit points within the Hub Area. The signs will be reasonably prominent so as to draw attention to the presence of cameras and inform the public who is responsible for the cameras and their contact details. An example of the type of sign used is shown at Appendix A. Other Cameras will also have appropriate signage which will convey similar information unless they are used as part of a covert operation authorised by BWD and approved by a magistrate in accordance with RIPA 2000.

5. Assessment of the use of the HUB

5.1 The Hub Manager shall have day to day responsibility for the monitoring, operation and evaluation of the system and the implementation of the SCOP 2013 and this Code.

5.2 The Hub Manager shall have the responsibility for maintaining full management information as to the incidents dealt with by the Hub, for use in the management of the Hub and in future assessments.

5.3 The assessment of the use of Hub (see paragraph 1.13) carried out by the Hub Manager will be reviewed every 2 years or whenever substantial changes are proposed to the use of the Hub and published using the Surveillance Camera Code of Practice Self-Assessment Tool to establish whether the purposes of the Hub are being complied with and whether objectives are being achieved. Questions should be asked, such as,

• have the cameras been they been used in investigations? • What were the outcomes of the investigations? • Have there been any prosecutions, other enforcement? • Is the current use still necessary and proportionate?

5.4 The assessment will include:

• An assessment of the impact upon crime. This assessment shall include not only the Hub Areas but also the wider town area, the Police Divisional and regional areas and national trends. • An assessment of the incidents monitored by the Hub and Other Cameras • An assessment of the impact on town centre business or other public place including parks; school grounds or other Council buildings where static cameras are being used; • An assessment of neighbouring areas that are outside the Hub Area • The views and opinions of the public 12

• The operation of the Code of Practice • Whether the purposes for which the Hub and other Cameras were established are still relevant • Cost effectiveness

5.5 The Self-Assessment Tool will be used to review and develop any alterations to the specified purpose and objectives of the scheme as well as the functioning, management and operation of the system.

5.6 From time to time the Hub and Other Cameras will be subject to internal and/or external audits and inspections, by the Hub Manager or other auditor which may be in the form of irregular spot checks, may include examination of the monitoring room records, both digital and paper, and the content of Recorded Material.

5.7 BWD Council and the Partners will co-operate fully with the requirements of all audits and inspections and will apply all necessary improvements.

Assessment of the Use of BWD Council’s Other Cameras

5.8 The Hub Manager does not have direct responsibility for the use of the Other Cameras but in his role as the SCC Single Point of Contact for BWD Council will also ensure that the users of the Other Cameras undertake any relevant assessments as may be relevant for their types of uses (such as those referred to in 1.13 above) to be done as and when necessary.

6. Control and Operation of Cameras

6.1 Hub Operators will act with utmost probity at all times and will abide by the provisions of and follow the procedures set out within the Procedural Manual.

6.2 Other enforcement or investigating officers operating the Other Cameras shall also act with the utmost probity and will abide by the provisions of and follow the procedures set out in this Code and within their own equivalent office manual or investigations manual as may be appropriate.

6.3 All the cameras, control equipment, recording and viewing equipment that are within the Hub shall at all times only be operated by Hub Operators who have been properly trained to Security Industry Authority Standards in their use and the legislative implications of their use.

6.4 All use of cameras by the Hub Operators (or police officers as per paragraphs 2.4 above and 6.8 below) will accord with the purposes and key objectives of the system and shall be in compliance with this Code of Practice.

6.5 BWD Council and the Partners will, by agreement, from time to time make minor changes to the camera locations within the Hub Areas as the regular evaluations may require.

6.6 Cameras will not be used to look into private residential property. ‘Privacy Zones’ shall be programmed into the system (whenever practically possible) in order to ensure that the interior of any private residential property within range of the system is not surveyed by the cameras.

6.7 Hub Operators and operators of Other Cameras will be mindful of exercising prejudices which may lead to complaints of the cameras being used for purposes other than those for which they are intended. All Hub 13

Operators and operators of Other Cameras may be required to justify their interest in, or recording of, any particular individual, group of individuals or property at any time to the Hub Operator or other external or internal auditor.

6.8 In the most extreme circumstances, such as when there is an emergency and when it is in the public interest, in the vital interests of individuals or for the prevention of terrorism, a request may be made for the Police to take total control of the Hub. This may include control of the staffing of the Hub and control of all associated equipment to the exclusion of all representatives of BWD Council. Any such request should be made to the Hub Manager in the first instance, who will consult the Director of Adults and Prevention as defined in 4.1 above. A request for the total exclusive control must be made in writing by a Police Officer not below the rank of Assistant Chief Constable or designated Deputy of equal standing. Decisions to do so will be made by BWD Council in consultation with the Partners and will be properly documented with reasons addressing the principles of legality, necessity and proportionality.

6.9 Maintenance of the system: To ensure compliance with the SC COP 2013 Code of Practice and that images continue to be appropriate evidential quality; the Hub shall be maintained under a maintenance agreement in accordance with the provisions of the Procedural Manual.

6.10 The maintenance agreement will make provision for regular periodic service checks on the equipment which will include cleaning of any all-weather domes or housings, checks on the functioning of the equipment, and any minor adjustments that need to be made to the equipment settings to maintain picture quality.

6.11 The maintenance will also include regular periodic overhaul of all the equipment in the Hub and the Hub Areas and replacement of equipment which is reaching the end of its serviceable life.

6.12 The maintenance agreement will also provide for ‘emergency’ attendance by a specialist CCTV engineer on site to rectify any loss or severe degradation of image or camera control to preserve the integrity of the Recorded Material at all times.

6.13 The maintenance agreement will define the maximum periods of time permitted for attendance by the engineer and for rectification of the problem depending upon the severity of the event and requirements specified by the Hub Operator.

6.14 It is the responsibility of the Hub Manager to ensure appropriate records are maintained in respect of the functioning of the cameras and the response of the maintenance organisation.

6.15 BWD Council shall maintain all Other Cameras over which it has control to a similar standard and the Hub Operator will inspect the maintenance records every 6 months to ensure compliance.

7. Access to and Security of, Monitoring Room and Associated Equipment

7.1 Public access to the monitoring and recording facility will be prohibited except for lawful, proper and sufficient reasons and only then with the personal authority of the Hub Manager. Any such visits will be conducted and recorded as provided by the Procedural Manual.

7.2 Declaration of Confidentiality: Regardless of their status, all visitors to the Hub including inspectors and auditors, will be required to sign ’s book and a declaration of confidentiality.

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7.3 Security: Hub Operators will normally be present at all times when the equipment is in use. If the Hub is to be left unattended for any reason it will be secured. In the event of the Hub having to be evacuated for safety or security reasons, the provisions of the Procedural Manual will be strictly complied with.

7.4 Other Cameras will be listed on a central record and stored in a secure store maintained by the Senior Manager responsible for each BWD Council function and only taken and signed for when they are to be used for a purpose relating to the BWD Council’s enforcement functions.vi

8. Management of Recorded Material

8.1 For the purpose of this Code ‘Recorded Material’ means any material recorded by, or as the result of, technical equipment which forms part of the Hub, but includes images recorded digitally including video prints. (This includes paper copy, digital tape, DVD, CD or any form of electronic processing and storage)

8.2 Recorded Material could be required to be produced as evidence in court at some point during its life span.

8.3 Members of the public must have total confidence that information recorded about their ordinary every day activities by virtue of the Hub, will be treated with due regard to their individual rights to respect for their private and family lives.

8.4 Recorded Material is to be treated strictly in accordance with this Code of Practice and Procedural Manual from the moment it is captured, received and created by the Hub until final destruction.

8.5 From the moment of its capture the treatment of the Recorded Material at each stage shall be scrupulously recorded to ensure that the continuity and integrity of the Recorded Material can be proven. The police and other enforcement agencies have clear procedures and guidance to follow when retrieving video and processing images from digital CCTV systems, and maintain the integrity of the evidence. The current process is contained in a Home Office standard called Retrieval of Video Evidence and Production of Working Copies from Digital CCTV Systems v2.0vii published by the Home Office. It sets out in detail how to produce a master copy and working copies of the Recorded Material which are integral to the criminal court process whether it is used as evidence or is unused material and for disclosure. The Hub Manager will ensure that the Hub’s practices and procedures closely follow the technical requirements set out in that standard.

8.6 Access to and the use of Recorded Material will be strictly for the purposes defined in this Code only.

8.7 Recorded material will not be copied, sold, otherwise released or used for commercial purposes for the provision of entertainment. Copyright ownership of the material remains with the Hub unless agreed otherwise.

8.8 Other cameras – the recorded material obtained as a result of the use of Other Cameras should be treated the same as the Recorded Material obtained by the Hub in that the same standards of management, record taking and storage should apply.

8.9 Data Sharing: The Hub Manager will ensure that every request by a third party for the release of personal data generated by the Hub will be processed properly in accordance with the law. The same applies to the respective Managers within BWD Council who are responsible for operating the Other Cameras.

8.10 Recorded material containing personal data will not be shared unless it is fair and lawful, necessary and proportionate and used only for the purposes defined in this Code.

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8.11 In order to ensure compliance with the Information Commissioner’s Code of Practice on Data Sharing, the Hub Manager will undertake and keep under review every two years a Privacy Impact Assessment which will include the impact of sharing any personal data within the Recorded Material to be shared.

8.12 Members of the police service or other agency having a statutory authority to investigate and / or prosecute may from time to time release details of recorded information to the media in particular, and lawful circumstances in an effort to identify alleged offenders or potential witnesses or warn the public not to approach a person the police believe to be volatile. Under such circumstances, full details will be recorded in accordance with the Procedural Manual. Full details of any media coverage that may otherwise come to the Hub Manager’s notice will be recorded and brought to the attention of the police.

8.13 Recorded Material may be made for the training and education of those involved in the operation and management of the Hub, and for those involved in the investigation, prevention and detection of crime subject to redaction of personal data.

8.14 Retention Time: Routinely, all Recorded Material will be retained for a maximum period of 30 days from the date it was were originally captured unless it is to be retained for continuing investigations as set out in this Code.

8.15 Each download will have a unique reference number and unique tracking record maintained in accordance with Hub procedures. The tracking record will be retained for at least three years from the date upon which the investigation or ensuing legal action has concluded. The digital system shall identify every use, and person who has viewed or had access to the download.

8.16 Recording Policy: Subject to the equipment functioning correctly, images from every camera will be recorded throughout every 24-hour period in real time.

9.1 Video Prints : A video print is a copy of an image or images which already exist on CCTV hard drives. (Such prints are within the definition of Recorded Material).

9.2 Video prints will not be taken as a matter of routine. Each time a print is made it must be capable of justification by the Hub Operator from whom it originated and that Hub Operator will be responsible for recording the full circumstances under which the print is taken in accordance with the Procedural Manual.

9.3 A tracking record will be maintained of the release of all video prints in accordance with the Procedural Manual. The recorded details will include; a sequential number, the date, time and location of the incident, date and time of the release of the print and the identity of the person requesting the print, police reference number if applicable, brief description of the circumstances and the purpose for which the print was taken.

9.4 The records of the video prints taken will be subjected to audit in common with all other Recorded Material in the system.

10. Other Cameras

For the avoidance of doubt this Code and all its paragraphs apply to the Other Cameras save where it would be impracticable in all the circumstances because of the differences in technology and methods of operation and also differences in the purposes and legal provisions under which they are used.

11. Complaints

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11.1 Any complaints arising in connection with the operation of the Hub and the compliance with this Code may be made under BWD Council's internal complaints system

http://www.blackburn.gov.uk/Pages/Complaints-comments-compliments.aspx

Complaints may be made to:

Corporate Complaints Manager, Blackburn with Darwen Borough Council, Town Hall, King William Street, Blackburn BB1 7DY via [email protected]

Once a complaint has been concluded information should be provided to the complainant about any regulatory bodies who may have jurisdiction in that case such as the

• Local Government Ombudsman at Commission for Local Administration in PO Box 4771, , CV4 0EH tel. 0300 061 0614/0845 602 1983 https://www.lgo.org.uk/contact-us • Information Commissioner at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow , SK9 5AF Tel: 0303 123 1113 (local rate) or 01625 545 745 national rate https://ico.org.uk/global/contact-us/ or • The Investigatory Powers Tribunal PO Box 33220 London SW1H 9ZQ tel 0207 035 3711. https://www.ipt-uk.com/content.asp?id=27

Document Change Control

Item Reason for Change Version Author Date

Pennine Lancashire First Draft 1.0 Peter Wareing – Community Safety 15.11.2016 CCTV Hub Code of CCTV Services Manager Blackburn Practice with Darwen Council As above To include suggested 2.0 Peter Wareing 07.09.2017 corrections from Preston City Council As above Complete redraft to 3.0 Peter Wareing and Shelagh Lyth 3 May 2019 refine and add Solicitor Rossendale Borough Council

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Appendix A

Example of a Notice

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Appendix B RIPA Guidance

A. Introduction – Covert Use of Cameras Under a RIPA authorisation

The Regulation of Investigatory Powers Act 2000 (RIPA)) came into force on 2nd October 2000. Its purpose is to protect the private and family lives of citizens from unjustified intrusion by the state and to restrict the state in its covert activities to ensure that those activities are only conducted in circumstances where it is necessary to protect the public and proportionate in the circumstances. (see definitions of necessity and proportionality below.)

It makes it a requirement for public authorities such as the Police and Councils to operate a formal system of authorisation of covert investigative methods such as surveillance and use of undercover officers. Those authorisations are either internally through the chain of command and or externally where the authorisation has to be by the magistrates Court or the Investigatory Powers Commissioner. The authorisations, renewals reviews and cancellations are kept on record and scrutinised by the IPC who has oversight and holds public authorities to account.

The Hub’s everyday activities whereby its cameras film the Hub Areas in accordance with its public signage will not need the additional cover of a RIPA authorisation. However, where these cameras are used in a covert and pre- planned manner as part of a specific investigation or operation, for the surveillance of a specific person or group of people, a directed surveillance authorisation (or redacted version) should be produced to the Hub Manager before he will be able to allow that. Such covert surveillance is ‘directed’ and therefore likely to result in the obtaining of private information about a person (namely, a record of their movements and activities) and therefore falls properly within the definition of directed surveillance.

A proper authorisation means that the covert activity it has authorised will be ‘lawful for all purposes’ (s27 RIPA) and notably that also means lawful for the compliance with HRA 1998 and the data protection legislation. It is sometimes useful the think of it as akin to an insurance policy which is valid for the period during which it is in force. That duration will be evident upon sight of the authorisation.

The Other Cameras used by BWD Council will unless they are accompanied by signage or not ‘covert’ need a RIPA authorisation if they are used to undertake directed surveillance – see definitions below.

B Important RIPA Definitions

Surveillance

This is defined in the Regulation of Investigatory Powers Act 2000 (i.e. the

RIPA) as including: (a) monitoring, observing or listening to persons, their movements, their conversations or their other activities or communications; (b) recording anything monitored, observed or listened to in the course of surveillance; and (c) surveillance by or with the assistance of a surveillance device.

Note: The use of CCTV and BWC falls within this definition so there is potential for RIPA to apply, however see below.

Covert

This is defined in Section 26(9)(a) of the RIPA as follows:

'Surveillance is covert if and only if it is carried out in a manner that is calculated to ensure that the persons who are subject to the surveillance are unaware that it is or may be taking place'.

Note: Prominent signage informing people of the fact that there are cameras will normally take the matter outside RIPA but subject to the Surveillance Camera Code of Practice 2013 - the statutory Code issued by the Secretary of 19

State pursuant to Part 2 Chapter 1 Sections 29 – 36 of the Protection of Freedoms Act 2012. Defined in the Code as SC COP 13. Officers who wear a BWC usually have a flashing warning light and a visible written notice on their uniforms, but it would be good practice if they also explained at the time they are speaking to people, if practicable, that their camera is on. Such BWC does fall within the definition of surveillance under RIPA.

Surveillance Device

This is defined in Section 48(1) of RIPA as meaning 'any apparatus designed or adapted for use in surveillance'.

Note: This therefore includes CCTV, static or movable cameras, video cameras, BWCs, listening and recording devices.

Directed Surveillance

This is defined in Section 26(2) of the RIPA which says surveillance is directed if it is COVERT but NOT INTRUSIVE and is undertaken: '(a) for the purposes of a specific investigation or specific operation;

(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and

(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this part to be sought for the carrying out of surveillance'.

Note: In a nutshell it is – a) covert surveillance which is b) planned in advance c) to further a particular investigation and d) which is likely to result in the obtaining of information about a person's private or family life. Local authorities do have the power to undertake directed surveillance but only when properly authorised and that authorisation has been approved by a magistrates’ court.

If CCTV Hub Operators see a serious incident and react swiftly at the time to change the camera direction towards particular people or events in order to record the incidents, this is NOT directed surveillance and not caught by RIPA because it is an ‘immediate response’.

Intrusive Surveillance

Section 26(3) states that intrusive surveillance is covert surveillance that: '(a) is carried out in relation to anything taking place on any residential premises or in any private vehicle; and (b) involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device'.

However, Section 26(5) says that surveillance which '(i) is carried out by means of a surveillance device in relation to anything taking place on any residential premises or in any private vehicle; but (ii) is carried out without that device being present on the premises or in the vehicle is NOT intrusive, unless the device is such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle'.

Note: Therefore, to be intrusive, the surveillance has to take place within the boundaries of the residential premises or in the private vehicle except (in both cases) if a surveillance device is used. Surveillance using a device which is not on the private premises or in a private vehicle can still be 'intrusive' if it consistently provides information of the same quality and detail as might be expected from a device placed on the private premises or in the private vehicle.

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For camera use, it will only be considered to be intrusive if the camera is directed towards someone’s home or private vehicle and if the camera’s capability is such that it can see, perhaps through the windows, and record images within the home or vehicle that are the same as if they were inside the home or the vehicle. This Code makes it clear that this type of intrusive surveillance will not be undertaken by the Hub nor will it be undertaken by any of BWD Council’s Other Cameras.

Necessity

To be valid an authorisation must be necessary. In order for an Authorising Officer to decide whether an authorisation is necessary it must fall within ground (b) which is set out in Section 28 sub-section 3 of the RIPA namely for the purpose of preventing or detecting crime. The authorising officer must also describe why it is necessary to use covert surveillance in that particular investigation.

As from 1 November 2012 there were amendments to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence sources) Order 2010 which meant that a local authority can only grant an authorisation under RIPA for the use of directed surveillance where the criminal offence being investigated attracts a maximum custodial sentence of six months or more, or is a criminal offence relating to the underage sale of alcohol or tobacco under sections 146 (sale of alcohol to children), 147 (allowing the sale of alcohol to children) or 147A (persistently selling alcohol to children) Licensing Act 2003 or Section 7 Children Act 1933 (sale of tobacco, etc. to persons under the age of 18 years).

Proportionate

If the proposed surveillance activity is deemed necessary, the person granting the authorisation must also believe that these actions are proportionate to what is sought to be achieved by carrying them out. There is no statutory definition of proportionality. However, the statutory Code of Practice issued by the Home Office does provide some guidance. It should be noted that an authorisation will not be proportionate if it is excessive in the overall circumstances of the case. It should also be noted that RIPA must not be used in cases where other more open methods of investigation will suffice. Proportionality is a very important concept of which all Hub Operators and Other Camera users should be aware.

The following points should be considered: 1. Such methods must also only be used in cases where they are likely to result in the gathering of cogent (compelling or convincing) evidence. 2. The size and scope of the proposed covert activity and level of intrusion into someone’s privacy must be balanced against the gravity and extent of the perceived crime or offence. 3. It should be possible to see from the completed authorisation how and why the methods to be adopted will cause the least possible intrusion on the subject and others; 5. The authorisation should, as far as practicable, set out what other methods had been considered and why they were not implemented. 9. A high risk of collateral intrusion could tip the balance in favour of not using covert surveillance at all unless the risk can be minimised satisfactorily.

Prescribed Ranks

The ranks of officers both police and local authority who can authorise directed surveillance for public authorities are set out in in Schedule 1 Part 1 of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010/521 and they are as follows:

Police: Superintendent or for urgent cases an Inspector. Local authorities: Director or Head of Service or Service Manager or equivalent. The Hub Manager should ask the police or investigating officer to show to him their policy or guidance which proves that they have used the correct rank under the legislation. NB For authorisations of intrusive surveillance the ranks are the Secretary of State or the Chief Constable of the police. 21

C. Home Office Guidance

At the time of writing this Code the guidance, the “Covert Surveillance and Property Interference Revised Code of Practice August 2018” issued by the home office is available online at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/742041/20180 0802_CSPI_code.pdf This is updated periodically and future versions will also be available on line.

A current copy of this Code is to be accessible to all the Hub Operators in the CCTV Control Room.

The Covert Surveillance and Property Interference Code says the following about CCTV – see extract below:

“Overt surveillance cameras - CCTV and ANPR (Automatic Number Plate Recognition)

Example: Overt surveillance equipment, such as town centre CCTV systems or ANPR, is used to gather information as part of a reactive operation (e.g. to identify individuals who have committed criminal damage after the event). Such use does not amount to covert surveillance as the equipment was overt and not subject to any covert targeting. Use in these circumstances would not require a directed surveillance authorisation.

3.39 However, where overt CCTV, ANPR or other overt surveillance cameras are used in a covert and pre-planned manner as part of a specific investigation or operation, for the surveillance of a specific person or group of people, a directed surveillance authorisation should be considered. Such covert surveillance is likely to result in the obtaining of private information about a person (namely, a record of their movements and activities) and therefore falls properly within the definition of directed surveillance. The use of the CCTV, ANPR or other overt surveillance cameras in these circumstances goes beyond their intended use for the general prevention or detection of crime and protection of the public.

Example: A local police team receive information that an individual suspected of committing thefts from motor vehicles is known to be in a town centre area. A decision is taken to use the town centre CCTV system to conduct surveillance against that individual, such that he remains unaware that there may be any specific interest in him. This targeted, covert use of the overt town centre CCTV system to monitor and/or record that individual’s movements should be considered for authorisation as directed surveillance.”

D. Main points for the Hub Operators and Hub Manager:

1. Ensure that they see and take a copy (redacted if it contains sensitive information) of the police officer’s or other enforcement officer’s RIPA authorisation prior to agreeing for the use of the cameras for directed surveillance – namely the use of the cameras for a covert – pre-planned investigation as described in the extract in C above. 2. Ensure that they see the signature of the RIPA authorising officer on the RIPA authorisation and that the police or other enforcement officer can prove by reference to their internal RIPA Guidance and law that the person who has signed it as the authorising officer is in fact of the necessary rank to enable them to authorise. (See descriptions of ranks above) 3. Ensure that other enforcement officers from local authorities can prove that the authorisation has not only been properly signed by the RIPA authorising officer but also that a magistrates’ court has given the requisite approval that it can proceed. There should be a court order that can be examined. 4. Ensure that the authorisation is in force at the relevant time like an insurance policy by checking the dates of the authorisation. They usually last for 3 months but can be cancelled before that. 5. If in doubt, take further advice from BWD Council Solicitor before proceeding.

Note 1. COUNCILS HAVE NO POWER TO UNDERTAKE INTRUSIVE SURVEILLANCE AND ANY AUTHORISATIONS IT MAY GIVE TO UNDERTAKE DIRECTED SURVEILLANCE FOR THE MORE SERIOUS OR SPECIFIED OFFENCES RELATING TO UNDER AGE SALES HAVE TO BE APPROVED BY THE MAGISTRATES COURT. Note 2. THE POLICE HAVE THE POWER TO UNDERTAKE BOTH DIRECTED AND INTRUSIVE SURVEILLANCE AND ARE NOT RESTRICTED TO LESS SERIOUS OFFENCES. ONLY THE CHIEF CONSTABLE CAN AUTHORISE INTRUSIVE SURVEILLANCE.

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Appendix C - Data Protection Principles

Article 5 of the GDPR sets out seven key principles which lie at the heart of the general data protection regime.

Article 5(1) requires that personal data shall be:

“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).”

Article 5(2) adds that:

“The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

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Appendix D

Council Liaison Officers

Burnley Borough Council:

Peter Stobbs, Assistant Engineer/Senior Technician, Streetscene

Hyndburn Borough Council:

Victoria Ingham, Business & Marketing Co-ordinator

Pendle Borough Council:

Pervez Akhtar, Localities Officer, Localities and Policy Unit

Preston City Council:

Nick Balderstone, Facilities & Energy Officer, Operational Estate

Rossendale Borough Council:

Alison Wilkins, Community Projects and Partnership Manager

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i Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (Retained EU Legislation) ii Section 11 Children Act 2004 also imposes upon the Partners a legal duty to safeguard and promote the welfare of children across all its functions and states that they must make arrangements for ensuring that their functions are discharged having regard to the need to safeguard and promote the welfare of children; and any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need. iii Useful Guide for Councillors issued by the Surveillance Camera Commissioner: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/498895/SCC_Councillors_ Guide_-_February_2016.pdf iv https://www.ipco.org.uk/docs/OSC%20PROCEDURES%20AND%20GUIDANCE.pdf or future revised version probably to be published by the newly appointed Investigatory Powers Commissioner. v https://www.gov.uk/government/publications/introducing-a-single-point-of-contact-guidance-for-local-authorities or future revised version vi The Council’s enforcement policy can be accessed here: https://democracy.blackburn.gov.uk/documents/s2810/ENFORCEMENT%20AND%20PROSECUTION%20POLICY%202018.pdf vii https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/378448/66- 08_Retrieval_of_Video_Ev12835.pdf This provides a procedure and supporting guidance to police technical staff wishing to identify the most appropriate method for retrieving video from any digital CCTV system. It also provides guidance on methods for the production of working copies in non-native file formats, where this is necessary to facilitate further processing or replay in court.

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