Code of Practice CCTV of Blackburn with Darwen Borough Council and Pennine Lancashire CCTV Hub 3 May 2019 1 Certificate of Agreement The contents of this Code of Practice are hereby approved by the signatories on behalf of Blackburn with Darwen Borough Council, Preston City Council, Burnley Borough Council, Hyndburn Borough Council, Pendle Borough Council and Rossendale Borough Council. The Code will be followed by Blackburn with Darwen 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 Lancashire Constabulary 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 2 Signed below for and on behalf of: Hyndburn Borough Council of Scaitcliffe House, Ormerod Street. Accrington 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, Bacup 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 3 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 4 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 5 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.