A Code of Practice

CONSULTATION ON

A CODE OF PRACTICE

RELATING TO

SURVEILLANCE CAMERAS

Topic of this consultation: / Following the government’s commitment to further regulate Closed Circuit Television (CCTV) the Protection of Freedoms Bill provides for the development of a Code of Practice relating to CCTV,Automatic Number Plate Recognition (ANPR) and other surveillance camera systems, and the appointment of a Surveillance Camera Commissioner to monitor its operation.
Scope of this consultation: / This paper sets out the government’s intended approach to the development of a Code of Practice – in particular issues for inclusion, and how adoption of the Code by system users can be promoted. The paper invites suggestions as to other topics that might be included in the Code or are relevant to its future operation, and also seeks views on how regulation might be further developed in future.
Geographical scope: / These proposals extend to England and Wales. Where they impact on devolved responsibilities we will work closely with the Welsh Assembly Government on any resulting policy development.
Impact assessment (IA): / Aninitial Impact Assessment has been prepared and will be published separately.
To: / Members of the public; public and private sector owners and operators of CCTV, ANPR and other surveillance camera systems; industry; interest groups.
Duration: / The consultation starts on 1 March 2011 and ends on 25 May 2011.
Enquiries: / Home Office
CCTV Consultation
PPPU
5thFloorFryBuilding
2 Marsham Street
London
SW1P 4DF
How to respond: / You can respond online at:

or if you prefer send written comments to the above address.
Additional ways to become involved: / This will be an online consultation exercise. A PDF consultation document will also be available to download online.
Please contact the Home Office at the address above if you require information in any other format such as Braille, large font or audio
After the consultation: / The consultation responses will be used to help inform the development of the proposed Code of Practice (subject to passage of the relevant provisions of the Protection of Freedoms Bill).
Getting to this stage: / An interim CCTV Regulator was appointed in December 2009 to advise on CCTV issues and to consider, amongst other things, the need for and potential elements of, a regulatory framework for CCTV. The proposals in this paper relating to the development and implementation of a Code of Practice build on the results of his work to date.
Previous engagement: / The Interim CCTV Regulator has previously consulted with key public sector bodies with an interest in CCTV through the National CCTV Strategy Board. He has also had some informal consultations with industry and has examined existing schemes and examples of good practice already in operationat local level.

CONTENTS

1. Ministerial Foreword

2. About this Consultation

3. Background

3.1Closed Circuit Television (CCTV)

3.2Automatic Number Plate recognition (ANPR)

3.3 Other Surveillance camera systems

4. Government approach to Regulation

5. Code of Practice

6. Future developments

7. Consultation Criteria

Annex A - Existing Primary Legislation

1. Ministerial Foreword

Recent years have seen a dynamic growth in both the volume and capability of technology of all types. This has had a significant impact on all parts of society in terms of the way in which we are able to interact and conduct our affairs. Such developments are frequently beneficial, for examplein keeping the public safe, enabling us to conduct business more quickly and economically, and allowing easy access to diverse services and entertainments. There are however, also potential disadvantages to such developments, including the extent to which private lives are exposed to ever greater scrutiny by other individuals, organisations or the State, leading in some instances to a potential exposure to criminality,or more generally, to an erosion of personal privacy.

The Government is committed to ensuring that the tools and technology which contribute to public security, the prevention and detection of crime, and which serve to reassure the public, remain fully available for these purposes. The use of such tools has, however, increased dramatically in recent years and independently of a bespoke regulatory framework. This has given rise to legitimate concerns about the extent and purpose of State intrusion into people’s lawful business, and the retention, security, and use of the data collected.

We are determined to ensure that the significant increases in State surveillance which have occurred over the last decade should not go unchecked. Our Coalition Agreement sets out a package of measures which will roll back the over-intrusive powers of the State. We are committed to restoring and preserving our historic and valued traditions of freedom and fairness.

As part of that package we have introduced provisions in the Protection of Freedoms Billproviding for a new regulatory framework for surveillance cameras. This gives effect to our Coalition Agreement commitment to further regulate Closed Circuit Television (CCTV). The approach we are adopting also encompasses other types of camera surveillance – in particular Automatic Number Plate Recognition (ANPR) technology given its many similarities to CCTV – but also providing scope to deal with other emerging technologies as necessary.

A cornerstone of a free and confident society is the State’s duty to ensure that its citizens are sufficiently protected so that they are able to conduct their legitimate business in safety and security. We do not intend therefore, that anything in our proposals should hamper the ability of the law enforcement agencies or any other organisation, to use such technology as necessary to prevent or detect crime, or otherwise help to ensure the safety and security of individuals. What is important is that such use is reasonable, justifiable and transparent so that citizens in turn, feel properly informed about, and able to support, the security measures that are in place.

Our approach to establishing a new regulatory framework is therefore intended to provide a means through which public confidence in CCTV, ANPR, and other such systems,is improved by ensuring that there is proper transparency and proportionality in their use. We also aim to ensure that the considerable investment in technologies such as CCTV yields worthwhile returns by ensuring that they are operated as efficiently and effectively as possible. At the same time we are committed to minimising new regulatory burdens, so our proposals aim to introduce safeguards in a measured and proportionate way, which takes account of the current national state of development in this area.

This consultation provides further details of our proposals and seeks suggestions, in particular, on the development of an effective Code of Practice on surveillance cameras.

2. About this consultation

This paper sets out some of the key issues associated with the increased prevalence of CCTV and ANPR use, and describes how the provisions set out in the Protection of Freedoms Bill are designed to address these. The initial focus is the development of a new, comprehensive,Code of Practice designed to promote clarity and consistency in the future use of such technology.

This consultation document is concerned with the overt use of systems such as CCTV and ANPR in public or semi-public places where people can generally either see a camera, or are informed about its presence. It does not cover covert surveillance techniques, which are legislated for through the Regulation of Investigatory Powers Act (RIPA) 2000.

We expect this consultation to be of relevance to a wide range of system developers, users, and members of the public. It therefore seeks the views of CCTV and ANPR operators in the public and private sector, relevant industry members, interest groups and members of the public,on the potential content and effective implementation of a new Code of Practice in relation to surveillance camera systems. It is intended in the first instance that the Code of Practice will focus on addressing issues relating to the use of surveillance cameras by the State and other organisations in areas to which the public have general access. (In other words, the use of such technology in an essentially private, individual capacity will not initially be a priority). In keeping with the Government’s intended incremental approach to this issue,however, it also seeks views on issues not immediately or directly addressed by such a Code, but where further regulation might in future be necessary or beneficial.

Devolved Administrations

Provisions included in the Protection of Freedoms Bill introduced in Parliament in January 2011 apply only to England and Wales. Discussions are underway with the Welsh Assembly Government on development of the Code with respect to any issues involving devolved responsibilities.

2.1Responses: Confidentiality & Disclaimer

The information you send us may be passed to colleagues within the Home Office, the Government or related agencies.

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and theEnvironmental Information Regulations 2004).

If you want other information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this it would be helpful if you could explain to us why you regardany information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

Should you require a copy of this consultation paper in any other format, e.g. Braille, Large Font, or Audio please contact the consultation team (details on page [ ] ).

3. BACKGROUND

3.1 Current regulation

This arena is not entirely unregulated. Details of the principal legislative provisions with relevance to CCTV and ANPR are set out in Annex A. Such provisions tend, however, to address specific (and therefore limited)aspects of the use of such systems. In the meantime, greater affordability and technological advances have generated a significant growth in the use of such technology independent of any comprehensive strategic approach, leading to a wide variety of applications and standards. Some of the complexities, benefits and challenges stemming from such historical developments are described below.

3.2 Closed Circuit Television (CCTV)

CCTV has become a familiar feature of modern life and is commonplace in both public spaces and those privately owned areas to which the public has ready access. It can be seen in operation daily in our high streets,on public transport, at stations and airports, and in banks and shops. Images from CCTV are frequently seen in our own homes, via television, in appeals for information on serious crimes, or when reporting on major incidents.

The CCTV landscape is complex in that, while CCTV images are perhaps most commonly associated with the police, the majority of publicly owned, public place CCTV systems are local authority systems. In addition, many other systems are owned and operated by the private sector in locations where the distinction between public and private space is blurred,including for example privately owned premises which the public is actively encouraged to visit (shopping centres, business premises, public transport and sporting venues). In many local areas, there has been a deliberate integration and networking of publicly and privately owned systems in recognition of the blended nature of the space in which we conduct many of our day to day activities and in order to maximise the benefits of CCTV coverage of these areas.

CCTV may also be used in wholly private spaces to which the general public does not normally have access, for example factories (for the purposes of monitoring production or hazardous processes), or private dwellings (for personal security). In such instances there may sometimes be limited extension of such technology into public areas such as footpaths or roads bordering the property, or neighbouring private property.

While many CCTV cameras are fixed in a single location, CCTV can also be mobile (mounted in vehicles), worn on the body or “redeployable” (erected for a temporary period and then removed) – adding to its versatility and the situations in which it can be used.

Benefits

In the public and semi-public arena CCTV has many potentially useful purposes.

i. Crime Prevention and Detection

Many of the stated objectives for local council owned CCTV relate to crime prevention and crime detection. In some circumstances, the presence of CCTV may in itself act as a deterrent (either alone or in combination with other factors), reducing the incidence of crime. Some, however, argue that it may simply displace crime to other areas (and there is mixed evidence as to whether this is the case[1]).

CCTV can be very useful for identifying potential or emerging trouble - for example antisocial or violent behaviour as the pubs or clubs close, or following sporting events - enabling the police to be directed quickly to where they are needed. CCTV can also track mobile incidents across an area (for example stolen vehicles, or fleeing suspects) again enabling resources to be deployed more effectively in response.

Images captured by CCTV can be of significant evidential and forensic value in identifying perpetrators(dependent on the quality of images), or in some cases clearing initial suspects of any involvement. They can also be valuable for informing lines of inquiry and investigation, for example, by establishing the movements of a victim or suspect or spotting suspicious behaviour.

ii. Counter- terrorism

CCTV has had a very important role in counter terrorism measures, in particular:

• monitoring, surveillance and intelligence gathering;
• assessment and response to a possible incident;
• assessment and response following an actual incident; and
• forensic and evidentiary analysis after an incident.

Some of the intelligence gathering may be undertaken through covert surveillance (see Regulation of Investigatory Powers Act (RIPA) 2000 –Annex A), but overt public space CCTV has also proved valuable in investigations - including for example into the terrorist attacks in London of 7 and 21 July 2005.

iii. Criminal justice

CCTV footage or images may form part of the evidence shown to juries to assist them in reaching their verdicts, or to members of the judiciary in order to assist with sentencing decisions.

iv. Traffic management

Cameras are used in a variety of ways on our roads. Some cameras are designed to monitor traffic flows and identify traffic problems caused by congestion or failed signals etc. Often, such cameras do not record any images and are simply used for monitoring general traffic volume and flow. Other cameras are used for traffic enforcement such as monitoring bus lanes, box junctions, one way streets and parking restrictions, and may capture and record images.

iv.Hazard management and personal safety

CCTV is used extensively on and around public transport where in addition to general security it can also help to identify potential hazards or accidents (e.g. obstacles, failed signalling equipment, individuals jumping or falling onto railway tracks or underneath vehicles). It can be used to help track vulnerable members of the community (such as missing patients with mental health problems) and to alert the emergency services to someone requiring assistance. It may further assist the emergency services, such as the fire brigade, when responding to major incidents - by identifying particularly hazardous areas or evacuation routes. Cameras may also be used in certain areas to monitor potential environmental hazards such as flood risks.

v. People and property

CCTV is also (and increasingly) used in a very wide range of individual institutions and businesses (some public and some private) to which the public, or a section of the public, have legitimate access. These include schools, hospitals, public transport, sporting venues, museums, banks, shops, petrol stations, parks, airports, and businesses. CCTV in such circumstances is used for a wide variety of security and safety reasons - to safeguard property from vandalism or burglary, to deter or detect theft of goods or valuable items, for crowd control and safety, for research purposes; to monitor wildlife or pests; to protect staff/patients/pupils from violence or other criminal acts, to detect shoplifting, petrol theft etc.

Challenges

CCTV does not always provide the benefits expected of it. Despite the proliferation in CCTV, its value to the police when investigating crime or major incidents is often limited due to poor camera positioning, poorly maintained equipment or lack of recording facilities. Where images are captured, a particular problem is the variety of and quality of formats in use to record and store these, meaning that it can be extremely time consuming and costly for the police to retrieve and convert images into a format that can easily be viewed or used in court proceedings. There also the challenge around identifying and recovering all relevant images associated with an investigation within tight timescales, and before it may be routinely deleted from systems.

State of the art CCTV systemsor networks can be expensive to set up and have ongoing running, maintenance and up-grading costs. There is conflicting data and information about the usefulness of CCTV for crime prevention and reduction which makes it important to consider carefully the value of any new systems and to evaluate existing systems.

Another challenge is that modern digital technology is on the cusp of revolutionising the use of CCTV: affordable high resolution systems with powerful zoom potential, small discrete cameras, 360 degree vision, wireless and internet networks facilitating mobility and cheap installation, and effective video analytics software (for example, facial recognition) are coming closer to being an established part of the CCTV landscape. New uses for systems, for example in taxis, are a natural part of industry growth.