Newport City Homes CCTV Policy (P54)

Transcription

1 Newport City Homes CCTV Policy (P54) CCTV Policy (P54) 1

2 1. Introduction 1.1 Newport City Homes (NCH) owns and operates a number of closed circuit television and door entry systems to ensure the security of tenants and residents, staff and agents on the estates we manage. For the purpose of this policy all these systems will be referred to as CCTV. We are equally committed to ensuring all residents have the right to respect for their privacy. 1.2 This policy sets out the purpose, detail around the operation of any CCTV and other systems which capture images of identifiable individuals. 2. Policy statement 2.1 NCH believes that all residents have the right to reside in a safe and secure environment. 2.2 We aim to use CCTV and other systems to provide an increased level of security to make resident s homes and communities safe and enjoyable places to live and to make our places of work safe for staff. 2.3 Our Head of Information Services and Corporate Office Manager are responsible for ensuring compliance with the Data Protection Act 1988 and implementation of this policy. 2.4 This policy is binding on all staff. 3. Principles of the policy 3.1 CCTV and other systems will be used to respond to the following key objectives, which are: to detect, prevent or reduce the incidence of crime, in particular harassment and Anti-Social Behaviour to investigate crime and assist in the apprehension and prosecution of offenders to prevent and respond effectively to all forms of Harassment, Anti- Social Behaviour and public disorder to create safer communities to gather evidence by a fair and accountable method, including where appropriate the use of images as evidence in legal proceedings to provide assistance to the emergency services CCTV Policy (P54) 2

3 3.2 Our use of CCTV may result in the processing of images that can identify specific individuals, this is covered under the Data Protection Act We are registered with the Information Commissioner s Office and we will adhere to the 8 Data Protection Principles which state that personal data shall: 1. be processed fairly and lawfully and shall not be processed unless certain conditions are met; 2. be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose; 3. be adequate, relevant and not excessive for those purposes; 4. be accurate and, where necessary, kept up to date; 5. not be kept for longer than is necessary for that purpose 6. be processed in accordance with the data subject s rights; 7. be kept secure from unauthorized or unlawful processing and protected against accidental loss, destruction or damage by using the appropriate technical and organizational measures; 8. not to be transferred to a county or territory outside the European Economic Area, unless that county or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. 3.3 We currently use fixed digital, portable dome overt, covert, door entry and reassurance CCTV systems and covert noise monitoring equipment. 3.4 We will keep a detailed record of all the equipment in our possession and its location including details of any cameras which have an audio recording facility. 3.5 When siting any camera we will endeavor to locate cameras in such a way as to only monitor those spaces intended to be covered by the scheme and reason for the system. 3.6 Signs will be placed in the locality of all overt cameras and will be clearly visible and legible to members of the public and will detail that NCH is the system operator and have our contact number on it. 3.7 We may use covert CCTV surveillance in exceptional and limited cases and signage will not be used. The Director of Housing & Regeneration would authorise such usage. The covert system would be used only for the prevention or detection of criminal activity and serious Anti-Social Behaviour, or the apprehension and prosecution of offenders. CCTV Policy (P54) 3

4 3.8 The Data Protection Act prevents us from keeping CCTV images for longer than necessary for the purposes for which those images were recorded. In the case of Public Safety, the retention period is 28 days. For Evidentiary Purposes the retention would be until such time as the proceedings have been determined. 3.9 Access to recorded images will be restricted on a need-to-view basis, in an area secure from casual/accidental viewing by unauthorised persons If any individuals wish to access any personal data about themselves on the CCTV system, they will be asked to complete and return an Access to Personal Records Request Form with as much information as possible to enable the data to be located (including details of the relevant camera, date and time). If images contain a third party, we reserve the right not to disclose the images at all without consent of the third party. We reserve the right to charge the maximum fee payable for each subject access request We will on occasions provide residents with CCTV reassurance equipment on a loan basis. Residents will manage and operate the equipment on their own behalf separately from us. The loan of such equipment will be assessed on a case by case basis such as problems with Harassment or Anti-Social Behaviour. 4. Relevant legislation, regulatory compliance and other relevant NCH policies/documents 4.1 NCH will comply with relevant legislation, statutory requirements and codes of guidance, including the following: Data Protection Act 1988 Crime and Disorder Act 1998 Regulation of Investigatory Powers Act 2000 / 2012 (Amendment) Police and Criminal Evidence Act 1984 Criminal Procedure and Investigations Act 1996 Information Commissioner s Office CCTV code of practice 4.2 This policy links closely with the following policies and documents: Information Services Security Policy Access to Personal Records Policy Anti-Social Behaviour Policy & Procedure Resident Participation strategy Equality and Diversity policy statement Complaints Policy CCTV Policy (P54) 4

5 5. Implications for NCH Risk implications 5.1 Failure to follow this policy and misuse of any system could have a negative impact upon the reputation and image of NCH, leading in turn to a loss of public confidence. 5.2 Misuse of CCTV systems or materials inconsistent with the objectives of the system will be considered as gross misconduct. If any breach constitutes an offence under criminal or civil law then court proceedings may be taken. Financial Implications 5.3 Failure to comply with this policy could result in intervention by the Information Commissioners Office which could result in legal and financial penalties. Equality Implications 5.4 NCH is committed to giving an equal service to all. Any actions taken under this policy will comply with current equalities legislation. 5.5 Staff will operate within the Equality and Diversity policy statement and seek to address any specific needs which may arise. 5.6 We will in all reasonable circumstances make information available in a variety of information formats, including: large print audio tape community languages Welsh Language implications 5.7 NCH recognises the right of people to conduct their business through the medium of Welsh. 5.8 We will meet the requirements of the Welsh Language Act 1993 and offer a choice of using English or Welsh when communicating with us. Resident Participation Implications 5.9 We will listen to residents views at every opportunity to enable continuous improvements to services, in line with the Resident Participation Strategy. CCTV Policy (P54) 5

6 6. Policy management and review Policy monitoring 6.1 To help achieve our aim of being a continuously improving organisation and to ensure that we meet all statutory obligations, we have systems and processes in place which allow us to monitor and evaluate our performance. Review 6.2 All policies have been developed jointly by members of the Board, City Wide Panel and staff. 6.3 This policy will be reviewed by the Board every three years unless there is a change in legislation or relevant changes in law or guidance from the Information Commissioner. CCTV Policy (P54) 6