CCTV Scheme

Contents

1. / Introduction...... / 3
2. / Purpose of Scheme...... / 3
3. / Responsible Persons...... / 4
4. / Covert Recording...... / 4
5. / Signage...... / 5
6. / Fixed Installed CCTV...... / 5
6.1 / The Siting of Fixed Installation CCTV Systems...... / 5
6.2 / Image Quality...... / 6
6.3 / Recording Procedure...... / 6
6.4 / Training...... / 6
6.5 / Maintenance...... / 7
7.0 / Fire Appliance CCTV...... / 7
7.1 / The Siting of Vehicle Mounted CCTV Systems...... / 8
7.2 / Image Quality...... / 8
7.3 / Recording Procedure...... / 9
7.4 / Training...... / 9
7.5 / Maintenance...... / 10
7.6 / Recorded Image Security...... / 11
7.6.1 Images of Evidential Value – Unedited...... / 12
7.6.2 Images of Evidential Value – Edited...... / 12
7.6.3 Images for Data Subjects, Media and Equipment
Evaluation...... / 13
7.6.4 Unavailability for Editing Facilities...... / 14
8.0 / Retention of Recorded Images...... / 14
9.0 / Subject Access Requests...... / 15
10.0 / Freedom of Information Act...... / 16
11.0 / Access to Disclosure of Recorded Images to Third Parties...... / 16
12.0 / Access to Disclosure of Images for Media and Equipment Evaluation...... / 17
13.0 / Requests to Prevent the Processing of Data...... / 17
Appendix A...... / 18
Appendix B...... / 19
Appendix C...... / 21

Please note this is the website version of this document. If you are a member of NYFRS staff please use the intranet version. Date of upload 04/04/2017

1.0Introduction

North Yorkshire Fire and Rescue Authority (NYFRA) own and operate Closed Circuit Television (CCTV) to provide safe and secure environment for staff and visitors, and to protect Authority property. The legal responsibility for the CCTV lay with North Yorkshire Fire and Rescue (NYFRS).[1]

This document sets out the accepted use and management of the CCTV equipment and images to ensure the Authority complies with the Data Protection Act 1998, Human Rights Act 1998 and other legislation. It has been produced in line with the Information Commissioner’s CCTV Code of Practice.

For the purpose of this document NYFRA and NYFRS are inseparable bodies and the term ‘Authority’ refers to both parties unless otherwise made clear.

2.0Purpose of Scheme

NYFRS own and operate CCTV systems for the purpose of:

a)Fixed installation CCTV systems:

  • Reducing crime in the form of theft, fire, vandalism, physical and verbal abuse to its personnel and property by aiding prevention through deterrence and detection.
  • Providing a safer and a more secure environment for all personnel working within the premises, or any members of the public with lawful reasons for being at the premises
  • Maintaining the security of its buildings and associated contents

b)CCTV systems mounted on fire appliances:

  • Reducing crime in the form of assaults/attacks on firefighters by aiding prevention through deterrence and detection. Recordings of any attacks/assaults may be used as evidence against the perpetrators of such attacks
  • Reducing crime in the functions outlined under the 2004 Fire and Rescue Services Act by aiding prevention through deterrence and detection. Recordings of any incidents may be used as evidence against perpetrators
  • Fire Investigation
  • Accident Investigation
  • Equipment evaluation
  • Providing a training knowledge pool to offer good learning experiences and improvements in operational tactics and command
  • Promoting community safety and education utilising the Media

NYFRS will not use those images captured to instigate or use as part of disciplinary proceedings, unless whilst viewing the images in accordance with the above scheme purpose something is seen that the Service cannot be expected to ignore, such as criminal activity, gross misconduct or behaviour that puts others at risk.

The use of CCTV for any other purpose may be unlawful and may bring the system into disrepute. This may result in any subsequent case being discontinued at court and civil claim being lodged.

3.0Responsible persons

  • The Central Administration Office (CAO) Manager is responsible for;

a)Managing the day to day requests for information covered by the Data Protection Act 1998 and Freedom of Information Act 2000,

b)Managing the Complaints Procedure

  • Responsibility for day to day operations will fall within the responsibilities of the nominated persons (H&S, ITSS, Technical Services, Transport and Logistics).

The responsible persons will annually:

  • Review documented procedures to ensure that the provisions of this Code are being complied with
  • Compare the CCTV database application with the hard drives access record to ensure no unauthorised access has taken place
  • Sample recorded images to ensure the equipment is being used for its intended use only
  • Monitor the quality of the maintenance work.

An internal annual assessment will be undertaken by the CAO Manager to evaluate the effectiveness of the system. The results of the review will be assessed against the stated purpose of the scheme. If the scheme is not achieving its purpose, it will be discontinued or modified.

4.0Covert recording

This Policy does not cover covert surveillance activities as they are covered by the Regulation of Investigatory Powers Act (RIPA) 2000. North Yorkshire Fire and Rescue Authority do not perform any convert surveillance.

Covert surveillance is that carried out in a manner calculated to ensure that subjects of it are unaware it is, or may be taking place. Any such covert monitoring will only be carried out for a limited and reasonable amount of time consistent with the objectives of the monitoring, and only for a specific unauthorised activity.

Any use of this CCTV system or materials produced which contravenes this policy (i.e. for private or unauthorised purposes) will be gross misconduct and will be subject to disciplinary procedures.

5.0Signage

In accordance with the Information Commissioner’s CCTV code of practice, appropriate signs must be displayed where CCTV is operating. For further guidance please refer to the CAO Manager.

All NYFRS buildings/premises and vehicles fitted with CCTV systems will prominently display public awareness signs detailing:

  • North Yorkshire Fire and Rescue Authority is responsible for the CCTV scheme
  • CCTV equipment in operation
  • Purpose of the CCTV system
  • Contact telephone number

6.0 Fixed Installed CCTV

The following statutory requirements must be observed and complied with when utilising fixed CCTV systems:

  • Data Protection Act 1998
  • Regulation of Investigatory Powers Act 2000
  • European Convention of Human Rights
  • Freedom of Information Act 2000

The fixed installed closed circuit television (CCTV) system will only be used within the Data Protection Act 1998 Code of Practice, Regulation of Investigatory Powers Act 2000 and the European Convention of Human Rights to provide a safe working environment for NYFRS personnel and any member of the public with lawful reason for being within the grounds or premises of Fire Service property.

The use of fixed installed CCTV systems does not generally fall within the provisions of the Regulation of Investigatory Powers Act 2000 which is only applies to ‘Covert or Directed’ Surveillance. The fixed installed CCTV system will not be used for anticipated targeted surveillance.

6.1The Siting of Fixed Installation CCTV Systems

The fixed CCTV surveillance system will continuously capture from cameras 24 hours per day. The fixed cameras will capture designated surveillance areas. All non vehicle cameras are fixed and do not record sound.

In siting and maintaining the CCTV equipment the Service will ensure that:

  • The location of cameras is justified by the stated purpose as outlined in this policy
  • The equipment should as far as practicable and possible, continually operate effectively and efficiently

6.2Image Quality

The images from the fixed CCTV cameras will be displayed on monitors but not recorded.

All the CCTV cameras will be checked regularly to ensure performance quality and that the system is fully operational. Appropriate action will be taken on identification of unsatisfactory performance and will be documented.

6.3Recording Procedure

The images from the fixed CCTV cameras will be displayed on monitors but not recorded

6.4Training

Operators

Appropriate training will be provided in accordance with the Information Commissioner’s CCTV code of practice 2008 (CCTV Code of practice 2008).

The H&S Manager will arrange for introductory and familiarisation training, in the use of the system, to all personnel required to operate the CCTV system.

The systems may vary between premises.

Nominated staff who are to operate the system will be identified by line managers.

Operators will receive training and will be required to demonstrate competence in:

  • The purpose of the scheme
  • Rights of individuals under the CCTV system
  • Information Security Policy
  • DP / FOI policy
  • Equipment use to achieve scheme purpose (Standard Operating Procedure for equipment use and requesting disclosure)
  • Recognition of the privacy implications of the space covered
  • Recognition that images may only be viewed by authorised employees of NYFRS.

Only operators who have received training and are deemed competent can operate the system.

Support Staff

The H&S Manager will arrange for introductory and familiarisation training for the nominated CCTV team as specified by line managers:

  • The purpose of the scheme
  • Rights of individuals under the scheme
  • Equipment use to achieve scheme purpose
  • Recognition of the privacy implications of the space covered
  • Recognition that images may only be viewed by authorised employees of NYFRS
  • Viewing procedures
  • Procedures for identifying requests to prevent processing likely to cause substantial and unwarranted damage to individuals and prevent automated decision taking in relation to that individual.

Support staff competence will be recorded and reviewed annually.

6.5Maintenance

The overall maintenance of the system will be the responsibility of Technical Services. NYFRS building/premises cameras have a maintenance contract. The maintenance of CCTV will be undertaken by an approved contractor.

The operators will check the equipment on a daily basis to ensure performance and reliability by the viewing of live recorded imagery. The nominated person will be informed of any malfunction/unsatisfactory performance and he/she will inform the appropriate individuals in accordance with equipment maintenance procedures.

All servicing and maintenance on the system must be recorded/documented onto a maintenance log.

7.0Fire Appliance CCTV

The following statutory requirements must be observed and complied with when utilising mobile CCTV systems:

  • Data Protection Act 1998
  • Regulation of Investigatory Powers Act 2000
  • European Convention on Human Rights
  • Freedom of Information Act 2000.

The vehicle mounted closed circuit television (CCTV) system will only be used within the Data Protection Act 1998 Code of Practice, Regulation of Investigatory Powers Act 2000 and the European Convention of Human Rights to provide a safe working environment for NYFRS personnel and any member of the public with lawful reason for being at that location when NYFRS is operating in the community.

7.1The Siting of Vehicle Mounted CCTV Systems

The vehicle mounted CCTV surveillance is activated by the vehicle ignition switch and covers the working environment (360⁰) surrounding a fire appliance. There are a total of eight cameras on each appliance:

  • Two colour cameras are mounted on each side of the appliance with one facing rearwards and one facing forwards
  • Two infra-red cameras are mounted on the rear of the appliance facing backwards
  • One colour camera is mounted on the dashboard in the cab in front of the driver’s position facing forwards
  • One removable zoom camera, complete with a zoom control and coil cable and incorporating a joystick with pan and tilt adjustment and a quick release plate is mounted in front of the Officer in Charge’s position.

The system also includes an audio recording function with a microphone positioned in the cab of the vehicle. This function is disabled in normal operation and can be activated upon the operation of a switch located in the cab.

In siting and maintaining the CCTV equipment the Authority will ensure that:

  • The location of cameras is justified by the stated purpose as outlined in the vehicle mounted CCTV scheme.
  • The equipment should as far as practicable and possible, continually operate effectively and efficiently
  • The image quality is maintained on the reproduction to CD
  • There are records of use, including duration and reasons for downtime, maintenance and repair of equipment, including the time elapsed between failures and repairs. Periodic review of records, by the Transport and Logistics Manager or their assignee, should be recorded.

7.2Image Quality

The cameras (of which the in-cab camera can be tilted, panned and zoomed to enhance images) will record images on a computer hard drive. The system has a 320Gb hard drive capable of recording on a loop. When the hard drive is full it automatically records over the previous images.Access to this hard drive will be restricted to a trained team, nominated and under the direct control of the CAO Manager.

The equipment shall be checked to ensure performance quality on installation and as determined by the CCTV contractor. Appropriate action will be taken on identification of unsatisfactory performance and will be documented in accordance with the equipment maintenance procedure.

The system overwrite function for date/time and frame reference shall be checked and documented for accuracy.

7.3Recording Procedure

The equipment records automatically on the activation of the vehicle ignition key. The equipment uses GPS data logging to add the location, date, time and vehicle speed. In addition, the system has an on screen display which displays and records the use of brakes, directional indicators, blue lights and sirens.

Fire crews cannot interact with or influence the recording of images utilising the fixed cameras.

If occurrences exist which fall within the purpose of the CCTV scheme:

  • The moveable camera can be manipulated manually (direction and zoom) to capture appropriate enhanced quality images of the incident.
  • The system microphone can be activated upon the instruction of the Officer in Charge (OIC) of the appliance. The decision when to commence audio recording is that of the OIC. Private conversations between members of the public or staff shall not be recorded.

CCTV must not be used to record conversations between members of the public as this is highly intrusive and unlikely to be justified. There are limited circumstances in which audio recording may be justified, subject to sufficient safeguards. These could include:

  • Conversations between staff and particular individuals where a reliable record is needed of what was said, such as in the charging area of a police custody suite.
  • Where recording is triggered due to a specific threat, e.g. a ‘panic button’ in a taxi cab.

In the limited circumstances where audio recording is justified, individuals will be informed that audio recording is being or may be carried out.

7.4Training

Operators

Appropriate training will be provided in accordance with the CCTV code of practice.

Training staff will arrange for introductory and familiarisation training in the use of the system, to each station required to operate the CCTV system.

Operators will receive training and demonstrate competence in:

  • The purpose of the scheme
  • Rights of individuals under the CCTV system
  • Information Security Policy
  • DP / FOI policy
  • Equipment use to achieve scheme purpose (Standard Operating Procedure for equipment use and requesting disclosure)
  • Recognition of the privacy implications of the space covered
  • Recognition that images may only be viewed by authorised employees of NYFRS.

Support Staff

Health and Safety will arrange for the following introductory and familiarisation training for the nominated team as specified by the CAO Manager:

  • The purpose of the scheme
  • Rights of individuals under the scheme
  • Equipment use to achieve scheme purpose
  • Recognition of the privacy implications of the space covered
  • Recognition that images may only be viewed by authorised employees of NYFRS
  • Image download, evidential continuity, image security procedures
  • Disclosure Procedures
  • Access Procedures
  • Viewing Procedures
  • Procedures for identifying requests to prevent processing which is likely to cause substantial and unwarranted damage to individuals and prevent automated decision taking in relation to that individual.

7.5Maintenance

A maintenance log will be kept for each CCTV unit. All defects and corrective action is to be recorded and authenticated within this log.

The equipment shall be checked to ensure performance quality on installation and as outlined by the ‘Contractor’s Preventative Maintenance Schedule’.

The following performance will be checked by the contractor to ensure correct functionality:

  • Image quality
  • System overwrite function for date, time, location and speed
  • On screen display and system overwrite function for brakes, directional indicators, blue lights and sirens
  • Monitor functionality
  • Camera control
  • Download capability
  • Downloaded image quality.

Unsatisfactory performance shall be recorded in the maintenance log and shall be reported immediately to Control by telephone and the Transport and Logistics Manager using a TRANS14 form.

The Transport and Logistics Manager will:

  • Determine if the defect can be rectified by NYFRS personnel. If this is possible make appropriate arrangements to restore the system to full functionality. This shall be as soon as practicable.
  • When the defect cannot be rectified by NYFRS personnel, arrange for the contactor to take appropriate action. The system shall be restored to full functionality as soon as practicable.

Any defect occurring with the system will not result in the appliance being taken out of service.

The Transport and Logistics Manager shall monitor the quality of the maintenance work.

7.6Recorded Image Security

Access to recorded images on the hard drive will only be made after the appropriate authorisation is given.

Access to recorded images on the hard drive is restricted to the trained team nominated under the direct control of the CAO Manager.

All access to the recorded images shall be recorded in the CCTV database application.

All recorded images accessed and downloaded on to CD will be given a unique reference number. This number will be the number of the disc generated on a given date e.g. 3 – 17/09/06.

The viewing of images recorded by all CCTV will only take place in a restricted area. No unauthorised person will have access to this location while viewing is taking place.

Downloaded images shall be stored in a locked cabinet. Removal of the media on which images are recorded from the locked cabinet, for viewing purposes, shall be recorded in the CCTV database application and documented as follows: