MEMORANDUM OF UNDERSTANDING Auckland Council Camera Surveillance Systems in Public Places

Transcription

1 Auckland Council New Zealand Police Participating CCOs MEMORANDUM OF UNDERSTANDING Auckland Council Camera Surveillance Systems in Public Places

2 Memorandum of Understanding Council Group CSS 2 DATE: PARTIES 1. Auckland Council, the unitary authority established under section 6 of the Local Government (Auckland Council) Act 2009 ( Council ) 2. New Zealand Police ( Police ) And the following council controlled organisations of Auckland Council (in each case, a Participating CCO ): 3. Auckland Transport, the body corporate established under section 38 of the Local Government (Auckland Council) Act Auckland Waterfront Development Agency Limited, New Zealand company number BACKGROUND A. Council and Participating CCOs (together Council Group ) have established various camera surveillance systems in public places throughout Auckland (including the transport network) to help reduce the incidence of crime, increase community safety and manage traffic. B. Council s Regional Development and Operations Committee has passed resolutions (RDO/2012/79) approving (in conjunction with CCOs): (i) (ii) Developing Guidelines on public places camera surveillance systems for public information to guide all current and future owners, operators and users, including the Council Group; and Entering into a memorandum of understanding with Police to provide a relationship framework for implementing and testing the Guidelines, particularly to provide Police access to the Council Group s public places camera surveillance systems and information contained on those systems. C. The parties now wish to enter into this memorandum of understanding ( MOU ) to guide an initial one (1) year pilot project ( Pilot ) for Police access and use of Council Group public places camera surveillance systems: (i) (ii) The Pilot and Camera Surveillance System Guidelines will inform the Council Group s development of a shared strategic approach to public places camera surveillance systems for Council, CCOs, Police and other stakeholders. The parties will review the Pilot during its course with a view to finalising Council s CSS Guidelines and entering into a final agreement with Police about October 2014.

3 Memorandum of Understanding Council Group CSS 3 AGREEMENT The Parties agree as follows: 1 DEFINITIONS AND INTERPRETATION Unless the context otherwise requires, capitalised words have the meanings given to them in this MOU and as follows: CSS CSS Access CSS Information A camera surveillance system, namely any network of one or more video cameras connected to a recording system or monitor, by whatever technical means such system operates (eg, digital or analogue). Access of Police to Council Group CSS, including CSS Information, by the means set out in clause 5.2 of this MOU. Any visual records, data or other information sourced from Council Group CSS, in any format or medium, including derivative information like written reports and data, and includes: CSS Recordings, being any visual and/or audio recording, in any format or medium, captured from Council Group CSS; and CSS Stills any photographs or video still captured from Council Group CSS. Council Group CSS Any of the following CSS: Council Owned CSS, being any CSS operated for or by members of the Council Group; and Council Funded CSS, being any CSS owned or operated by or with a third party (such as a business association) and which CSS is wholly or part funded by the Council Group. Police CSS Public Places Any CSS operated for or by Police in Auckland in or on Auckland Council property. Any places, whether publicly or privately owned, accessible to the public generally (such as transport infrastructure and facilities, footpaths, public parks, town centres, public car parks) or during opening hours (such as malls, shops, community, sport and recreational facilities, educational institutions).

4 Memorandum of Understanding Council Group CSS 4 2 PILOT VALUES & OBJECTIVES 2.1 Values The Pilot is informed by the following shared values and beliefs: (c) (d) (e) CSS in public spaces is an important tool in promoting a safer Auckland. A balance must be struck between appropriate use of CSS for crime prevention purposes and avoiding inappropriate, intrusive or unlawful use of CSS. Appropriate safeguards, including for individual privacy, are required in the establishment and use of CSS. There is mutual benefit in the Council Group and Police working collaboratively to evaluate and improve existing and new CSS systems, and facilitating Police access to Council Group CSS through compatible technical platforms. The relationship between Council Group and Police on matters of community safety is a strategic relationship of high importance. 2.2 Objectives The Pilot aims to test and promote the following objectives: (c) Enhancing community safety outcomes by ensuring Police have effective and timely access to the Council Group CSS where appropriate. Ensuring Police operational staff are aware of the Council Group CSS areas of coverage and capabilities resulting in Police being proactive in seeking access to Council Group CSS. Ensuring the effectiveness of the Council Group CSS is regularly and consistently measured following feedback from Police (as appropriate and achievable given current reporting tools) on: (i) (ii) (iii) the successes / failures of the system to provide useful information; the displacement of criminal activity whether this is by location or time of day; and the successful identification and prosecution of offenders. (d) Acknowledgement of Council s responsibilities to the public in terms of privacy, and putting appropriate parameters around how, when and for what purposes Police may use CSS Information in accordance with the law, and to that end testing and reviewing the Surveillance Principles set out in Schedule 1.

5 Memorandum of Understanding Council Group CSS Good faith The parties will act in good faith and using their best endeavours with respect to the Pilot and the terms of this MOU, including prompt and fair communication on material issues. 2.4 Resource constraints The parties acknowledge that performance of the Pilot is subject to the funding and asset constraints of the parties, and this MOU does not commit any party to additional expenditure. 2.5 Final agreement None of the parties is legally obliged to enter into a final agreement on conclusion of the Pilot, but each party will participate in good faith negotiations towards that outcome. 3 SCOPE OF PILOT 3.1 Access to CSS This MOU governs the scope of the Pilot and the terms on which Council Group will provide to Police, and Police will use, CSS Access and CSS Information for the Pilot. 3.2 Duration This MOU commences on signing by the parties. The parties expect the Pilot to last at least one (1) year, but since participation in the Pilot is on a voluntary basis: Either Council or Police may terminate this MOU at any time on one (1) months prior written notice to the other (such notice to be copied to all Participating CCOs). The Pilot will continue until so terminated or superseded by a final agreement (whichever is earlier). Any Participating CCO may withdraw from this MOU at any time by giving one (1) months prior written notice to Council and Police. Unless superseded by a final agreement, the provisions of this MOU applicable to Police use of CSS Information will survive termination of the Pilot or withdrawal of a Participating CCO (as applicable). 3.3 Public places and third party CSS This MOU only applies to CSS of Public Places (i.e., to the extent that it captures images or recordings of Public Places, irrespective of where the CSS cameras are actually located), and does not apply to any CSS that captures images or recordings within any parts of buildings or private property to which the public does not ordinarily have access.

6 Memorandum of Understanding Council Group CSS 6 [Explanatory Note: A building control CSS camera that captures exterior parts of a building, like the entrance street frontage, or public parts of a building such as the entrance foyer of a Council service centre or interior concourse of a performance venue, is included as CSS Information. CSS capturing restricted access areas, such as internal access-ways and workstations, is not included as CSS Information] This MOU only applies to Council Funded CSS to the extent Council Group procures the consent of the relevant third party (under the conditions of funding or otherwise) to include that CSS in the Pilot on terms acceptable to Council. 3.4 Exclusions Any party may exclude any of its particular CSS from the scope of this MOU where it considers it has good reasons for doing so (eg, third party rights not cleared, technical issues, or internal approvals not obtained, such as Local Boards). 3.5 No warranties Council Group is providing CSS Access and CSS Information on an as is / where is basis, and cannot give any warranty or make any representation as to the quality, performance, or resourcing available for Council Group CSS, nor does it give warranty or make representation about its capacity to service Police s CSS Access requirements. 3.6 Previous agreements This MOU supersedes all previous memoranda of understanding between the Auckland legacy councils and Police that were established with regard to CSS systems in public places, including: Memorandum of Understanding between Manukau City Council and Counties Manukau Police dated 21 May The interim memorandum of understanding between Auckland Transport, Police and NZTA ( AT MOU ), but only to the extent that the AT MOU applies to the relationship between Auckland Transport and Police. The relationship between Auckland Transport and NZTA under the AT MOU is not affected by this MOU. 3.7 Additional CCOs Additional council controlled organisations of Council may join this MOU as Participating CCOs by agreement with Council and Police.

7 Memorandum of Understanding Council Group CSS 7 4 RELATIONSHIP MANAGEMENT 4.1 Operational Day to day operational management of technical issues under this MOU will be between the nominated Technical Representatives of each Party as notified to the other parties from time to time. 4.2 Governance Governance of the parties relationship under this MOU shall be between the Governance Representatives notified by each party to the others from time to time. Governance matters shall include: (c) (d) (e) Any day to day technical matters that cannot be resolved by Technical Representatives; Any disputes or contentious matters; Public relations and communications; Performance review and reporting (through a Governance Group comprising all the Governance Representatives); and Any amendments or variations to this MOU. This does not limit the rights of each party to internally monitor, supervise and/or direct the actions of its own Technical Representatives. 4.3 Public relations All public statements (including responses to press queries) concerning the Pilot should be cleared by Police and the relevant members of the Council Group. The parties will promptly advise each other of any issues arising during the Pilot which are of potential public significance or controversy, including any complaints by members of the public. 4.4 OIA & LGOIMA The parties must promptly notify each other of any requests by third parties under the Official Information Act 1982 or Local Government Official Information and Meetings Act 1987 for information in respect of this MOU, Council Group CSS or CSS Information generally. The parties shall cooperate on handling such requests. Requests for specific CSS Information (eg, a recording) by a member of the public to a member of the Council Group shall be actioned by that member of the Council Group in the usual way, and without the need for notice to the other parties.

8 Memorandum of Understanding Council Group CSS 8 5 CSS ACCESS 5.1 Cost Council Group will not charge Police for CSS Access under this MOU. The parties recognise this is subject to review, particularly in respect of funding sources for expansion and development of Council Group CSS. 5.2 Access modes Police may access Council Group CSS in three ways ( CSS Access ): Technical Download: Request for specific CSS Recordings or CSS Stills from particular times and locations, in accordance with request procedures. Live Feed: Real-time access to a CSS Camera, but without operative control of the CSS Camera. (c) Direct Control: Taking direct real-time control of a specific CSS Camera, in accordance with clause Access arrangements Technical arrangements and protocols for CSS Access shall be made between Police and each of Council and Participating CCOs as applicable: (c) (d) (e) Council Group shall conduct a stock-take of its CSS and compile a schedule of specific cameras for both Live Feeds and Direct Control ( Camera Schedule ). Council Group may add further cameras for Live Feeds and Direct Control to the Camera Schedule by notice to Police (eg, by providing Police with the additional access details). Direct Control shall only be used in accordance with the technical arrangements and protocols agreed with each Council Group member, and the relevant Council Group member shall still have access to realtime live feeds from the affected cameras. Police must submit a Request for Information in the form specified by the relevant Council Group member for any request for a Technical Download. If Police make any CSS Recordings or CSS Stills themselves (eg, from Live Feeds, as opposed to requesting a Technical Download), then they will report this quarterly to Council Group including (as far as possible) details of the actual CSS Recordings and CSS Stills made. Police shall ensure all technical access details and passwords are kept securely and strictly confidential to the Council Group. 5.4 Surveillance Principles Schedule 1 sets out the draft Surveillance Principles which are the basis of this Pilot:

9 Memorandum of Understanding Council Group CSS 9 (c) (d) The Surveillance Principles set out the parties expectations for how Police can use CSS Information and exercise CSS Access rights under the Pilot. All parties shall act in good faith and use their best endeavours to comply with the Surveillance Principles according to the spirit of the Pilot. The Surveillance Principles are based on the parties initial discussions, and it is acknowledged that assessing the appropriateness and workability of the Surveillance Principles is part of the purpose of the Pilot. Those assessments might lead to a more formalised CSS Code as part of any final agreement or within the CSS Guidelines. Material exceptions and deviations to the Surveillance Principles should be reported as part of the Pilot review and governance process. The Surveillance Principles do not create rights of legal recourse under this MOU, but adherence to the Surveillance Principles and their workability may be considered by each party in deciding whether to continue with the Pilot or enter into any final agreement. 5.5 Police responsibility Police are solely responsible for their use of CSS Access and CSS Information, including in respect of any third party claims relating to such use. If Police provide CSS Information to any third party, then Police shall be responsible for that third party s use of CSS Information, and it will be deemed to be use by Police for reporting purposes under this MOU. 6 CSS DEVELOPMENT 6.1 Network integration Council Group confirms to Police that: Auckland Transport is currently undertaking a CSS convergence project, with a view to transitioning all Auckland Transport CSS to a common IP platform. Council Group has established a steering committee for technical and operational convergence of CSS across the Council Group generally. While Council Group will endeavour to progress these projects, they are subject to technical and resourcing constraints, and Council Group is not bound to any specific outcomes or deliverables under these projects. 6.2 Network expansion Council Group is continuing to expand the Council Group CSS, including in conjunction with Local Boards and Business Associations under Council s Business Improvement District funding arrangements:

10 Memorandum of Understanding Council Group CSS 10 Council and Police agree to work together to evaluate any proposed development of Council Group CSS. Development of Council Group CSS will also be informed by and in accordance with the Council s CSS Guidelines. 6.3 Asset transfer Police are considering transferring ownership and control of certain Police CSS to Auckland Council. The terms of that transfer will be agreed directly between Police and Auckland Transport. Any transferred assets will become subject to this MOU (on its terms) as part of Council Group CSS, and as specified in the terms of that transfer. 6.4 New technology Technology is quickly evolving in this area: The parties acknowledge that Police are likely to have increased legal powers and enhanced analytical tools to apply to CSS (including face recognition and licence plate recognition), and that Council Group itself might also look at enhanced technologies. Given continually changing needs and imperatives, the parties agree to include these issues in governance review and reporting under this MOU. 7 REPORTING AND REVIEW 7.1 Quarterly meetings The Governance Group will hold quarterly meetings (or at agreed intervals necessitated by operational needs) to review CSS reports and evaluate any issues arising. This process of evaluation will: (c) assess achievement and progress towards the guiding values and objectives set out in clause 2; pursue a shared, strategic approach between Council and Police in pursuit of the safety and crime prevention outcomes; and deal with specific reporting and review matters identified in this MOU. Each party will provide sufficient statistical and exceptions-based information to enable the other parties to engage in review and evaluation of the Pilot and Police s use of CSS Access and CSS Information (including use, results, compliance, resolution of complaints etc). [Note: It is acknowledged that Police do not yet have comprehensive reporting tools in place for their use of CSS, and that there is a resourcing component to developing such systems. Police will do what they can with available resources during the Pilot].

11 Memorandum of Understanding Council Group CSS Public accountability reporting Officers of Council Group will be responsible for reporting on the performance and outcomes of this MOU to Local Boards and the Governing Body of Council as relevant to their respective interests and delegated decision making responsibilities under the Local Government (Auckland Council) Act Confidentiality Where the quarterly meetings or public accountability reporting involve matters of secrecy or confidence in respect of specific operations or operational intelligence, the parties shall agree appropriate confidentiality protections for assessment of that information, including public excluded agenda items and/or limiting circulation on a need-toknow basis. The general nature and extent of use of the CSS Access and CSS Information is not confidential. 8 GENERAL 8.1 Dispute resolution The parties shall endeavour promptly to resolve any disputes under this MOU at a governance level, with further escalation within each party s organization as required. The parties shall handle dispute resolution discreetly wherever possible, without unnecessary public comment. 8.2 Further assurances Each party will do all things reasonably required to give effect to this MOU according to its true intent and spirit. 8.3 Variations This MOU can only be varied by a written agreement signed on behalf of all parties by authorised persons, and such variations must clearly state they are variations of this MOU. 8.4 Counterparts & copies This MOU may be executed in any number of counterparts (by fax or PDF) each of which will be deemed an original and all of which together will constitute a single instrument.

12 Memorandum of Understanding Council Group CSS 12 SIGNED AS AN AGREEMENT Signed for and on behalf of Auckland Council by: Signed for and on behalf of New Zealand Police by: Authorised Person Authorised Person Signed for and on behalf of Auckland Transport by: Signed for and on behalf of Auckland Waterfront Development Agency Limited by: Authorised Person Authorised Person

13 SCHEDULE 1 Surveillance Principles These draft Surveillance Principles set out the basis of the parties mutual expectations for access and use of CSS Information by Police under the Pilot. 1. Legal compliance Police should only use CSS Access and CSS Information for Police s law enforcement purposes, having regard to the spirit and intent of the Pilot including the values and objectives set out in clause 2 of the MOU. Police should comply with the Privacy Act 1993 and the New Zealand Bill of Rights Act 1990, the Privacy Commissioner s Privacy and CCTV guidelines (as amended and replaced from time to time), and all other relevant laws and codes, as applicable to use of CSS by law enforcement and other agencies. 2. Police rules to apply Without limiting the other terms of these Surveillance Principles, Police s use of CSS Access and CSS Information shall be in accordance with Police s own rules and code of conduct for CSS (as if it were the Police s own CSS) and Council Group s internal CSS rules will not apply to the Pilot. 3. Live Feeds Live feeds should only be used in respect of CSS cameras that are trained on: Specific crime and safety hot-spots (as agreed by the parties Technical Representatives); Traffic management areas (as agreed by the parties Technical Representatives) and Real-time matters being investigated or responded to by Police (eg, a crowd control issue, public disturbance, serious violence etc). 4. Direct Control Direct Control of CSS cameras should only be used as reasonably required for dealing with emergency situations, real-time public safety issues, real-time crime

14 Memorandum of Understanding Council Group CSS 14 prevention investigations and activities, and real-time traffic.accident and crash prevention activities. 5. Specific enquiries CSS Access and CSS Information should not be used for surveillance or monitoring of specific individuals (whether or not identifiable by name, and whether not facilitated by supporting technology) except in respect of specific criminal acts or organised crime or other reasonably suspected criminal behaviour (including terrorism) on the basis of such evidence or reasonable suspicion of criminal offending. 6. Records and audit Police should not keep CSS Recordings longer than necessary for evidential purposes relating to law enforcement. Police shall ensure proper internal audit records are kept relating to use of CSS Access and CSS Information. 7. Other agencies Police should not provide CSS Access or CSS Information to any other agencies in New Zealand or abroad except where that complies in all respects with the terms of these Surveillance Principles and NZ law.

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