Policies and Procedures

1 Introduction

1.1 This policy it to control the management, operation, use and confidentiality of the CCTV system and Automatic Number Plate Recognition cameras in Chapel St Leonard’s, to include Chapel Point, owned and manged by Chapel St Leonards Parish Council

 1.2 It has been prepared taking due account of the Code of Practice published by the Data Protection Commissioner (July 2000).

 1.3 This policy will be subject to periodic review by the Parish Council to ensure that it continues to reflect the public interest and that the system meets legislative requirements.

2 Objectives of the scheme

(a) To protect the buildings and assets

(b) To increase personal safety and reduce the fear of crime

(c) To support the Police in a bid to deter and detect crime

(d) To assist in identifying, apprehending and prosecuting offenders

(e) To protect members of the public and private property

3 Statement of intent

3.1 The CCTV Scheme will be registered with the Information Commissioner under the terms of the Data Protection Act 1998 and will seek to comply with the requirements both of the Data Protection Act and the Commissioner's Code of Practice.

3.2 The Parish Council will treat the system and all information, documents and recordings obtained and used as data which are protected by the Act.

3.3 Cameras will be used to monitor activities within Chapel St Leonards and other public areas to identify criminal activity actually occurring, anticipated, or perceived, and for the purpose of securing the safety and well-being, of the residents and visitors.

3.4. Staff have been instructed that static cameras are not to focus on private homes, gardens and other areas of private property.

3.5 Unless an immediate response to events is required, staff must not direct cameras at an individual, their property or a specific group of individuals, without an authorisation being obtained using the Parish Councils forms for Directed Surveillance to take place, as set out in the Regulation of Investigatory Power Act 2000.

3.6 Materials or knowledge secured as a result of CCTV will not be used for any commercial purpose. Tapes will only be released to the media for use in the investigation of a specific crime and with the written authority of the police. Tapes will never be released to the media for purposes of entertainment.

3.7 The planning and design has endeavoured to ensure that the Scheme will give maximum effectiveness and efficiency but it is not possible to guarantee that the system will cover or detect every single incident taking place in the areas of coverage.

3.8 Warning signs, as required by the Code of Practice of the Information Commissioner have been placed at all access routes to areas covered by the CCTV.

4 Operation of the system

4.1 The Scheme will be administered and managed by the Parish Council, in accordance with the principles and objectives expressed in the code.

4.2 The day-to-day management will be the responsibility of the Parish Clerk

4.3 The CCTV system will be operated 24 hours each day, every day of the year.

5 Control 

5.1 The Parish Council will routinely check and confirm the efficiency of the system and in particular that the equipment is properly recording and that cameras are functional.

5.2 Unless an immediate response to events is required, the Parish must not direct cameras at an individual or a specific group of individuals.

5.3 Visitors and other contractors wishing to enter the Parish Office will be subject to particular arrangement as outlined below.

5.4 If out of hours emergency maintenance arises, the Parish Clerk must be satisfied of the identity and purpose of contractors before allowing entry.

5.5 A visitor’s book will be maintained in the Parish Office. Full details of visitors including time/data of entry and exit will be recorded.

5.6 Other administrative functions will include maintaining disks and hard disc space, filing and maintaining occurrence and system maintenance logs.

5.7 Emergency procedures will be used in appropriate cases to call the Emergency Services.

6 Monitoring procedures

6.1 Camera surveillance may be maintained at all times.

6.2. A monitor is installed in the Parish Office to which pictures will be continuously recorded.

6.3 If covert surveillance is planned or has taken place copies of the Authorisation Forms, including any Review, or Cancellation must be returned to the Parish Clerk.

7 Recording procedures

7.1 In order to maintain and preserve the integrity of the disks used to record events from the hard drive and the facility to use them in any future proceedings, the following procedures for their use and retention must be strictly adhered to:

(i) Each disk must be identified by a unique mark.

(ii) Before using each disk, it must be cleaned of any previous recording.

(iii) The controller shall register the date and time of disk insert, including disk reference.

(iv) A disk required for evidential purposes must be sealed, witnessed, signed by the controller, dated and stored in a separate, secure, evidence tape store. If a tape is not copied for the police before it is sealed, a copy may be made at a later date providing that it is then resealed, witnessed, signed by the controller, dated and returned to the evidence tape store.

(v) If the disk is archived the reference must be noted.

7.2 Disks may be viewed by the Police for the prevention and detection of crime, authorised officers of Chapel St Leonards Parish Council for supervisory purposes, authorised demonstration and training.

7.3 A record will be maintained of the release of disks to the Police or other authorised applicants. A register will be available for this purpose.

7.4 Viewing of disks by the Police must be recorded in writing and in the log book. Requests by the Police can only be actioned under section 29 of the Data Protection Act 1998.

7.5 Should a disk be required as evidence, a copy may be released to the Police under the procedures described in paragraph 7.1 (iv) of this Code. Disks will only be released to the Police on the clear understanding that the disk remains the property of the Parish Council, and both the disk and information contained on it are to be treated in accordance with this code. The Parish Council also retains the right to refuse permission for the Police to pass to any other person the disk or any part of the information contained thereon. On occasions when a Court requires the release of an original disk this will be produced from the secure evidence disk store, complete in its sealed bag.

7.6 The Police may require the Parish Council to retain the stored disks for possible use as evidence in the future. Such disks will be properly indexed and properly and securely stored until they are needed by the Police.

7.7 Applications received from outside bodies (e.g. solicitors) to view or release disks will be referred to the Parish Clerk. In these circumstances’ disks will normally be released where satisfactory documentary evidence is produced showing that they are required for legal proceedings, a subject access request, or in response to a Court Order. A fee can be charged in such circumstances: £10 for subject access requests; a sum not exceeding the cost of materials in other cases. 

8 Breaches of the code (including breaches of security)

8.1 Any breach of the Code of Practice by Council staff, will be initially investigated by the Parish Clerk, in order for him/her to take the appropriate disciplinary action.

8.2 Any serious breach of the Code of Practice will be immediately investigated and an independent investigation carried out to make recommendations on how to remedy the breach.

9 Assessment of the scheme and code of practice

9.1 Performance monitoring, including random operating checks, may be carried out.

10 Complaints

10.1 Any complaints about the Parish Council’s CCTV system should be addressed to the Parish Clerk.

10.2 Complaints will be investigated in accordance with Section 9 of this Code.

11 Access by the Data Subject

11.1 The Data Protection Act provides Data Subjects (individuals to whom "personal data" relate) with a right to data held about themselves, including those obtained by CCTV.

11.2 Requests for Data Subject Access should be made on an application form available from the Parish Clerk.  The forms will also be available to the public.

12 Public information

Copies of this Code of Practice will be available to the public from the Parish Clerk.

Summary of Key Points

· This Code of Practice will be subject to periodic review.

· The CCTV system is owned and operated by the Parish Council.

· Liaison meetings may be held with the Police and other bodies.

· Recording disks will be used properly indexed, stored and destroyed after appropriate use.

· Disks may only be viewed by Authorised Parish Council Officers and the Police.

· Disks required as evidence will be properly recorded witnessed and packaged before copies

 are released to the police.

· Disks will not be made available to the media for commercial or entertainment.

· Disks will be disposed of securely by incineration.

· Any Covert Surveillance or use of a Covert Human Intelligence Source being considered or planned as part of an operation must comply with the corporate policies and procedures. The Parish Council must use these procedures and comply with the requirements set out in the procedure documentation.

· Any breaches of this code will be investigated by the Parish Clerk. An independent investigation will be carried out for serious breaches.

· Breaches of the code and remedies will be reported to the Parish Council.

 THIS POLICY MUST BE COMPLIED WITH AT ALL TIMES.

ADOPTED October 2021