1. Provenance
This Policy should be read with reference to the Data Protection Act 2018, the Freedom of Information Act 2000 (FOIA), the Protection of Freedoms Act 2012 (PFA), the Human Rights Act 1998 (HRA the Secretary of State’s Surveillance Camera Code of Practice (SC code) and the Information Commissioner’s Office (ICO) CCTV Code of Practice.
2. Background & Introduction
The processing of personal data (including images identifying individuals) captured by CCTV systems is governed under the Protection of Freedoms Act 2012 and the Data Protection Act 2018 .The Information Commissioner’s Office (ICO) has issued a Code of Practice on compliance with legal obligations. The use of CCTV is covered by the Act, regardless of the number of cameras or how sophisticated the equipment is, and Long Bennington Parish Council (“The Council”) adheres to the ICO’s Code of Practice.
The Council is committed to informing its staff, volunteers and service users about the presence of and operation of CCTV. This Policy is available on the Council’s website so that all stakeholders are clear about how CCTV is utilised.
Access to personal information recorded through CCTV cameras is restricted solely to the CCTV control group appointed by The Council.
3. Objectives and targets
This CCTV Policy explains how The Council will operate its CCTV equipment and comply with the current legislation.
The Council uses CCTV equipment to provide a safer, more secure environment for its staff, volunteers and service users and to combat vandalism and theft. Essentially it is used for:
• The prevention, investigation and detection of crime. The apprehension and prosecution of offenders (including use of images as evidence in criminal proceedings).
• Safeguarding public, volunteers and staff.
• Monitoring the security of its sites.
• To protect members of the public and private property
The Council does not use the CCTV system for covert monitoring.
4. Location
Cameras are located in those areas where it has been identified there is a need and where other solutions are ineffective. The CCTV system is used solely for purpose(s) identified and is not used to routinely monitor staff, volunteers, or service users’ conduct. Cameras will not be used in areas subject to a heightened expectation of privacy (e.g. changing rooms or toilets). Signage alerts individuals to the use of CCTV on the entrances to the Playing Field, Pavilion, Witham Meadow and Bowls Club. Static cameras will not focus on private homes, gardens or other areas of adjacent private property.
5. Maintenance
The CCTV system is maintained by The Council and includes periodic maintenance inspections. Access to the CCTV Control Room will be strictly limited to the CCTV control group.
The Council is responsible for:
• Ensuring that it complies with its responsibilities in relation to guidance on the location of the camera.
• Ensuring that the date and time reference are accurate.
• Ensuring that suitable maintenance and servicing is undertaken to ensure that clear images are recorded.
• Ensuring that the CCTV control group is trained in the use of the equipment.
• Ensuring that cameras are protected from vandalism.
6. Identification
In entrance areas to the Playing Field, Pavilion, Witham Meadow and Bowls Club, The Council will ensure that;
prominent signs are in place.
The signs will:
• Be clearly visible and legible.
• Be an appropriate size depending on context.
7. Type of equipment
The Councils standard CCTV cameras record visual images.
8. Administration
TheCouncil is the Data Controller and has responsibility for the control of images and deciding how the CCTV system is used. The Council has notified the Information Commissioner’s Office of the detail of the Data Controller.
Access to recorded images is restricted to CCTV control group and recordings will be accessed as prescribed by the Council in the event of an incident.
Access to the medium on which the images are recorded is documented. All employees and the Control Group are aware of the restrictions in relation to access and security, and disclosure of, recorded images.
9. Image storage, viewing and retention
Recorded images will be stored in a way that ensures the integrity of the image and in a way that allows specific times and dates to be identified.
The Council reserves the right to retain and use images for evidential purposes as captured on CCTV where there is activity that cannot be expected to be ignored such as criminal activity, potential gross misconduct, or behaviour which puts others at risk. The Data Protection Officer will retain images for evidential purposes in a secure locked location. Where images are retained, the Data Protection Officer will ensure the reason for its retention is recorded, where it is kept, any use made of the images and when it is destroyed.
The Long Bennington Parish Council ensures that images are not retained for longer than is necessary. Once the retention period has expired, images are removed or erased.
10. Disclosure
Disclosure of the recorded images to third parties can only be authorised by the Data Controller.
Disclosure will only be granted:
• If its release is fair to all individuals concerned.
• If there is an overriding legal obligation (e.g. information access rights).
• If it is consistent with the purpose for which the system was established.
All requests for access or for disclosure are recorded. If access or disclosure is denied, the reason is documented.
N.B Disclosure may be authorised to law enforcement agencies, even from a system not established to prevent or detect crime, where withholding it would prejudice the prevention or detection of crime.
Materials or knowledge secured from CCTV will not be used for any commercial purpose.
Recordings will only be released to the media for use in the investigation of a specific crime and with the written authority of the Police.
11. Subject Access Requests
Individuals whose images are recorded have a right to view images of themselves and, unless they agree otherwise, to be provided with a copy of the images. If theCouncil receives a Subject Access Request under the General Data Protection Regulations 2018 it will comply with requests within 1 month. The Council may charge a fee for the provision of a copy of images. If the Council receives a request under the Freedom of Information Act 2000 it will comply with requests
within 20 working days of receiving the request.
As a general rule, if the viewer can identify any person other than, or in addition to, the person requesting access, the other person’s image will be deemed personal data and its disclosure is unlikely to be possible to release as a Freedom of Information response.
Those requesting access must provide enough detail to allow the operator to identify that they are the subject of the images, and for the operator to locate the images on the system. Requests for access should be addressed to the Data Controller.
Refusal to disclose images may be appropriate where an image release is likely to cause substantial and unwarranted damage to that individual.
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12. Monitoring and evaluation
The Council undertakes regular audits to ensure that the use of CCTV continues to be justified. The audit includes a review of:
• Its stated purpose.
• The location.
• The images recorded.
• Storage length.
• Deletion.
13. Period of Review
The efficacy of this Policy will be reviewed annually by The Council.
14. Guiding Principles
System operators will adopt the following 9 guiding principles:
1. Use of a surveillance camera system must always be for a specified purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need.
2. The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified.
3. There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints.
4. There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.
5. Clear rules, policies and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them.
6. No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged.
7. Access to retained images and information should be restricted and there must be clearly defined rules on who can gain access and for what purpose such access is granted; the disclosure of images and information should only take place when it is necessary for such a purpose or for law enforcement purposes.
8. Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose and work to meet and maintain those standards.
9. Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.
Data Controller: Long Bennington Parish Council
ICO Registration: ZA275546
Data Protection
Long Bennington Parish Council
St James’s Hall
Main Road, Long Bennington,
Newark, Notts NG23 5DJ
Email parishclerk@longbenningtonparishcouncil.org
Policy Adopted: 6th September 2021
Reviewed August 2023
Reviewed July 2024
Next Review: August 2025