Introduction
Bath and North East Somerset Council (the "Council") are owners of a public Closed Circuit Television System (CCTV) currently installed in Bath City Centre, Keynsham, Midsomer Norton and Radstock Town Centres. The system also cover car parks at Charlotte Street, Avon Street, Newbridge and Lansdown (all Bath). The Community Safety Manager is responsible for the system.
All materials produced by the system remain the property of Bath and North East Somerset Council. All materials and recordings remain subject to "copyright". All rights reserved.
The system at present consists of 88 overt colour CCTV cameras. These cameras are monitoring and recording video images 24hrs a day 365 days a year.
A Control Room is situated in Bath and is capable of receiving video images 24 hours a day from throughout the Council area. The Control Room is staffed 24 hours a day by contracted control room operators working in shifts. A separate viewing room contains video-reviewing equipment and a colour printer. A telephone line facilitates communications between the Police Headquarters control room at Taunton, and the Council control room. The Council Control Room is also equipped with Home Office licensed radio's, linking the Bath & District Business Crime Reduction Partnership and the Pub Watch systems. This allows business and retail units and the pubs and clubs, who are connected to the system to communicate with the Control Room.
A Police supplied radio in the CCTV Control Room eables direct contact between the Control Room and the Police Communications Centre and on duty officers throughout the Bath and North East Somerset area.
Statement of Purpose
"To provide a safe and secure environment for the benefit of those who might visit, work or live in the area. Subject to this Code of Practice and The Human Rights Act the scheme will not be used to invade the privacy of any individual in residential, business or other private premises, buildings or land. Except such as in accordance with the law and is necessary in a democratic society"
- The system will only be used for the following purposes and within this Code of Practice, Data protection Act 1998 and the Human Rights Act at all times.
- To reduce the fear of crime and to reassure the public.
- To prevent, deter and detect crime, criminal damage and public disorder.
- To identify, apprehend and prosecute offenders in relation to crime, criminal damage, public order, road traffic accidents involving serious injury and all forms of harassment cases.
- To provide the Police, the Council, the Customs and Excise and the Health and Safety Executive with evidence upon which to take criminal and civil actions in the Courts.
- To monitor and assist traffic management issues.
- To assist other "Emergency Services" in addition to the Police.
Circumstances may arise when the Police wish to conduct a pre-planned operation. The use of the system within this Code and the presence of a Police Officer in the control room for this purpose must be authorised by a signed written authority by a Police Superintendent, authorising "directed surveillance" as defined under Section 26(2) of the Regulation of Investigatory Powers Act 2000. This authority allows access to the CCTV to be utilised to prevent and detect crime and prevent disorder.
Any use of this system or materials produced, which is frivolous, or for private purposes will be a matter of gross misconduct and will not be tolerated. A 24-hour record is kept of every use of every camera.
A formal decision will be made before the adoption of any changes in "purpose" or the adoption of any new objectives (below) for this scheme.
Any use outside of these conditions may only be made personally by both the Group Manager and Area Police Inspector.
The system will be used to respond to the following Key Objectives, which will be subject to annual assessment and reports.
- To detect, prevent or reduce the incidents of property crime and offences against the person.
- To reduce the theft of cars and theft from cars both on the street and in car parks.
- To make Bath, Midsomer Norton, Radstock and Keynsham City/Town centres more attractive areas to shop or work in, to improve general security in the main retail streets, both in terms of personal security and security of buildings and premises.
- Reduce graffiti (particularly offensive graffiti), vandalism and other criminal damage to improve the environment and reduce costs.
- Prevent and respond effectively to all forms of harassment and public disorder.
- To improve communications and the operational response of Police patrols in and around the areas covered by the scheme.
- To assist in traffic management.
A detailed Operations Manual has been prepared by the Council giving instructions on all aspects of the operation of the scheme. The manual is based on this Code of Practice, to ensure that the principles and purposes for which it is based are realised. It also contains health and safety issues. All copies of this Operations Manual will be stored securely.
Data Protection Act 1998
The Data Protection Act 1998 requires all processing of personal data including video recordings to conform to all principles of the Act, and to be registered under the Act.
Human Rights act
The Human Rights Act 1998 became law on 02nd October 2000. It incorporates into domestic law the rights and liberties enshrined in the European Convention of Human rights, which guarantees a range of political rights and freedoms of the individual against interference by "public authority". The use of the system within this Code incorporates Article 8 of the convention.
Changes to the Code
Any major changes to this Code will only take place after consultation with elected members and interested parties. This is particularly relevant should the scheme be extended into a primary residential area when tenants will be consulted beforehand and increased privacy checks and safeguards incorporated into the system and Code of Practice. The Group Manager may make a minor change in consultation with any organisation that is affected by the change. A major change is one that will have a major impact upon the Code of Practice or upon the operation of the scheme. A minor change is such as one required for clarification only. Any changes will be included in the Annual report.
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Responsibilities of the Owner of the Scheme
The Council are responsible for compliance with this Code of Practice and Operations Manual.
The Council are responsible for requirements of accountability.
The Council will consult with and provide information to the public about the operation of the scheme and about any proposed changes to the scheme Code of Practice.
Any operational contractors will be required to comply with this Code of Practice and Operational Manual within any contract. They will also comply with specific qualification, standards and the exclusion of staff responsible for breaches of discipline.
Partnerships
Should the scheme be extended under any Partnership Agreement, the partners will:
- At the outset identify and agree on primary aims and issues that must be addressed to achieve those aims.
- Identify and plan for resource implications, including deciding the commitment levels of resourcing that will be provided by each partner.
- Agree the extent of involvement and partnership role of each member of the partnership.
- Agree that certain decisions can only be made with the agreement of all partners participating at that stage of the scheme (including a decision to change operating priorities to extend the technical capacity of the system).
Those bodies participating as partners in the operation of the scheme will:
- Identify the Council as being the owner of the scheme for the purpose of the management of the scheme and the Code of Practice.
- Reach a consensus on operational methods, and on monitoring and audit of the scheme and of the Code of Practice.
- Sign and comply with the agreed Code of Practice.
- Require any other bodies associated with the partnership to comply with the agreed Code of Practice.
- Agree on enforcement of sanctions within the Code of Practice.
- Establish methods of receiving regular reports within the partnership on compliance by each partner or agency with the Code of Practice and other matters relevant to the management of the scheme.
- Provide for formal review of the achievement of the partnership, based upon the purposes and key objectives of the scheme, and conducted at frequent and regular intervals.
- Agree safeguards to ensure that the integrity of Police operations is safeguarded within partnership discussions.
- Satisfy themselves that the working culture within their organisation enables them to work within a partnership, if necessary paying attention to the need to obtain the commitment of staff, provide training and monitoring and evaluating new procedures.
Management of the System
The Group Manager shall appoint a "Supervising Officer" and a "Deputy Supervising Officer" responsible for Police liaison; compliance with the Code of Practice and Operations Manual; Staff Training; Contractual Compliance, Security; Media and Public Relations; Evaluation and Reports and day to day management of the scheme.
The Supervising Officer will liase regularly with nominated Police Officers, not below the rank of Inspector for the areas concerned. These nominees will resolve all operational procedures only.
Access to recordings and the control room will comply with specific guidelines and be recorded and monitored.
The Operations Manual is linked to this Code.
Installation
- Should this scheme be extended, installation shall be carried out in consultation with the Police.
- Consultation shall be undertaken with local people, their representatives in the community; trade organisations; and others on issues raised by the extension to the scheme prior to installation.
- Where cameras are to be installed in residential estates and buildings under the control of this local authority, the authority shall consult with tenants and residents in accordance with the part of the Code concerned with residential property.
- There is no facility for sound or sound recording in public places.
- Before the installation of major technological changes that will have a significant effect upon the capacity of this system. The implications will be fully assessed in relation to the purposes and key objectives of the scheme and be subject to public consultation as if for the purposes of installation of the scheme.
- Where a partnership is introduced to the scheme, the informed agreement of all parties must be obtained before the introduction of such technological changes.
- Public confidence in the scheme is essential and will be based on effective operating cameras. "Dummy" cameras will not be used.
Accountability
Copies of the Code of Practice and particulars of the Council complaints procedure are available to the public in accordance with this Code.
Partnerships
Where a partnership is introduced into the scheme, agreement will be reached on provision for communications and mutual exchange of information about differing responsibilities for the Scheme and for reports on compliance with the Code of Practice by each partner.
The Police
The Council will obtain agreement on provision for communication and mutual exchange of information about the scheme and for reports from both the Council and the Police on compliance with the Code of Practice.
The Police will satisfy the Council that systems have been introduced to monitor and audit the participation of the Police in the scheme including compliance with the Code of Practice. Officers will conduct monitoring and audit with appropriate seniority and experience. In the case of Police Officers, of at least Inspector rank.
All agreement upon Police participation in the scheme as contained within this Code of Practice will form the basis of a mutually agreed document between the Council and the Police Inspectors for the areas concerned.
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Public Information
Cameras will not be hidden and as far as possible will be placed in public view.
Signs that CCTV cameras are operating will be displayed at key positions at the perimeter of the scheme. The signs will allow people entering the area to make a reasonable approximation of the area covered by the scheme. The signs will identify the owners of the scheme and give the contact number of the Council. Signs need not be placed close to the cameras.
The Code of Practice will be available at public libraries and other public offices, and on the Bath and North East Somerset Council Internet site. The Code will be emphasised in any publicity arranged to reassure the public.
Residential Areas
Should the scheme be extended into residential areas the reason for the extension will be clearly identified.
Key objectives will be identified according to local need.
An assessment scheme will be adopted for the extension.
The installation process must involve extensive public consultation including attention to the views of the community.
Camera locations and statement of purpose and key objectives will be the subject of consultation
Cameras will not be used so as to look into private property. The Council is under an obligation to ensure that operational procedures and technological measures are adopted that impose restraints upon the use of cameras in connection with private premises.
These requirements of the code will be complied with before the adoption of any change in purpose or the adoption of new objectives for the scheme.
As part of their terms of employment operators will:
- Be instructed on privacy issues raised by observation within residential areas.
- Be required to sign an appropriate confidentiality agreement.
Management, Supervision and audit of the scheme will pay particular regard to those aspects of the scheme, which are intended to address individual privacy.
Regular evaluation of the scheme will include further consultation with residents.
Direct surveillance of individuals will only be undertaken for specific reasons and for purposes and key objectives set out in the Code of Practice. Observations should be conducted in accordance as defined in the Regulation of Investigatory Powers Act 2000 and subject to the Police and Criminal Evidence Act 1984, Criminal Procedures Investigation Act 1966 and Codes of Practice.
Mixed City/Town Centre and Residential Areas
The scheme will operate in a manner that is sensitive to the privacy of people living and working in the area, and operate at all times within the Articles of The Human Rights Act 1998.
Camera Operators will be instructed in the varying degrees of privacy afforded by public, semi-public and private premises within a mixed commercial and residential area.
Assessment of the Scheme and Code of Practice Evaluation
The Council is responsible for ensuring that the scheme is evaluated annually by the Supervising Officer and a suitably senior officer nominated by the Group Manager .
Evaluation will be conducted according to the following criteria:
- Impact on crime, damage and public order.
- Impact on key objectives.
- Impact on neighbouring areas without CCTV.
- Views of the public.
- Operation of the Code.
- Whether the purposes, which led to the scheme, still exist.
- Whether the purposes or key objectives require change.
- Privacy of the individual.
The result of the annual evaluation will be published. The results of the evaluation will be taken into account in the future functioning, management and operation of the scheme.
Should the scheme be extended into primarily residential areas a monitoring and evaluation "group" will be established with a remit to continuously evaluate the scheme. This group will respond to changing circumstances on the ground, assessing whether problems change and with the ability to propose other initiatives.
The Supervising Officer will continuously monitor the operation of the scheme and the implementation of the Code of Practice.
The Group manager will appoint an officer with seniority who will introduce an element of professional authority and independent from the day to day management functions to conduct a regular audit of the scheme and Code of Practice. The Audit will include control room records, tape histories, and the content of recorded tapes, spot checks will be appropriate for recorded tapes. The Audit will as far as possible address the Code of Practice and Operations Manual.
Should the system be extended into residential areas public confidence in the scheme will be addressed by the formation of an independent inspection group drawn from Councillors, Police Authority members or Police Consultative Groups as defined by the Police and Criminal Evidence Act 1966. This group will be allowed access without notice and access to records. The group will require some training in the system.
Operating Staff
The Council contractor will adopt:
- An equal opportunities policy for recruitment and selection of staff, which include measures to ensure that, the selection process provides for thorough validation of the suitability of candidates.
- A requirement that staff must be qualified at a suitable level on appointment or be offered and be capable of meeting in-service training requirements.
- A disciplinary procedure, which enforces compliance with this Code of Practice and any operational requirements, and makes plain the risk to staff in the event of breaches of the Code or misappropriation of recordings disciplinary action will be carried out.
- A requirement of confidentiality which can be enforced during and after termination of employment.
- System of monitoring and supervision that ensure compliance with the Code of Practice and Operational Guidance.
- The Operations Manual will state operators minimum performance levels.
- All staff will be required to read and conform to the Code of Practice and Operations Manual before commencing control room duties on the first occasion.
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Complaints
The system of complaints against the Council generally will also include complaints regarding the CCTV system and its operation.
The annual report will include the number of complaints received, the number substantiated, and any action taken to remedy the complaint. Complaints against Police will be referred to those conducting "evaluation".
Breaches of the Code including those of Security
The Supervising Officer is primarily responsible for security.
Breaches of the Code of Practice and of security must be subject to proper investigation by, in the first instance, the person appointed to conduct the Audit. The person shall be responsible for making recommendations to the owner to remedy any breach, which is proved.
Where a serious breach occurs the Council and the Police will consult and appoint an individual with relevant professional qualifications independent from the operation of the scheme to investigate the breach and make recommendations to the Council or the Police.
Control and Operation of the Cameras
- The Supervising Officer, control room staff, maintenance staff and those under training will only operate the remote control of the cameras, and the use of all control room equipment. All staff will act with the utmost probity.
- All use of cameras and recording equipment will accord with the purposes and key objectives of the scheme , as developed in training and specific operational instructions to staff, and shall comply with this Code of Practice.
- Cameras will not be used to look into private property. Operational procedures are adopted to impose restraints upon the use of cameras in connection with premises.
- Camera operators will be subject to supervisory procedures to ensure compliance with this aspect of the code.
- Camera operators are aware that recordings are subject to routine audit and that they may be required to justify their interest in a member of the public or premise.
- The Supervising officer will decide the level of incidents to be reported to the Police. The Police will log all such incidents. It is agreed that the decision as to what level of response is deployed is a matter entirely for the Police. The Supervising Officer will liase regularly with the Police on this subject.
- The Operations Manual gives precise guidance on the method of operation of cameras, length of time viewing monitors and minimum operators performance levels.
A record will be maintained as defined by the Supervising Officer of all monitored:
- Passive nuisances
- Active nuisances
- Suspicious Person or Vehicle
- Assaults
- Crime in Progress including escapes
- Road traffic accidents involving serious injury
- Traffic management matters
- Illegal street trading
- Other approved purposes
This record will be included as part of the means of establishing effective evaluation and targeting of key objectives.
Access to and Security of the Monitors and Control Room
Access to view monitors, whether to operate the equipment or view the images is strictly limited to staff with that responsibility.
A control room main log will contain details of all recordings. Details of any visitors authorised by this Code including times of arrival and departure and details of any telephone calls will be recorded.
The control room will remain locked at all times. An audio/visual door lock will strictly control access with a key over ride. Access will be strictly limited. All occupants will be identified prior to to access. Routine access will only be granted to certain Council managers/officers, Police Officers, CCTV maintenance staff who will need to sign in the visitor's book, duty shift control room staff, sign on in the duty log book. Regular access will only granted to those who have Photographs displayed in the control room.
It is important that visits do not interrupt the efficiency of the system. Casual visits will not be permitted. Organised parties shall be allowed for lawful, proper and sufficient reasons to visit by the Supervising Officer in advance. The Supervising officer will be present during all organised visits.
Public access to or the demonstration of monitors will not be permitted except for lawful proper and sufficient reasons.
Visits by no more than 2 police Officers at any one time will be permitted provided that they are on duty and in connection with liaison, training or purposes of the system. Production of Police I.D. cards to entry cameras may be requested.
Any independent Inspectors appointed under this Code of Practice may visit without prior appointment (Primary Residential Areas).
All aspects of security must be maintained and strictly honoured. Security procedures will be the subject of Audit.
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Recorded Material
Statement of Intent. Recorded material will be used only for purposes defined in this Code of Practice. Access to recorded material will only take place as defined in the Code of Practice. In particular recorded material will not be sold or used for commercial purposes for the provision of entertainment. The showing of recorded material to the public will only be allowed in accordance with the Data Protection Act 1998, Police investigation of crimes, which will be conducted in accordance with the provisions of any relevant Code of Practice. Under the Police and Criminal Evidence Act 1984 and Criminal Procedures Investigations Act 1996, and any advice and guidance given to the Police from time to time, or in any other circumstances provided by law.
Ownership. Ownership of all recorded material remains that of the Council who reserve all rights of Copyright.
Accuracy. Recording equipment will be checked from time to time by the Supervising Officer to ensure that it is in good working order. A B.T. time check will be made nightly and the results entered into the log book. All tapes show the time, date, camera and operators numbers.
All DVD's handed to the Police or others as evidence will be subject to entries in the Registers, which will also record details of all DVD's, removed, viewed but not copied. The names of the persons viewing and the reason will also be shown. All viewing will be in accordance with the "purpose" statement. The DVD registers are securely stored. Staff are aware that records and registers will be included in the Audit.
Evidential Use of Recordings. DVD's for evidential purposes will be regarded as exhibits. DVD copying procedures are as agreed with prosecuting authorities and detailed in the Operations Manual. Suitable labels, pro forma statements and packaging are immediately available.
Police Access to DVD's. Police may be given access to DVD's where an officer reasonably believes that access and or copies of specific DVD's are necessary for the investigation and detection of an offence or offences, or for the prevention of crime. DVD's provided to the Police shall at no time be used for anything other than the purpose specified and identified when operators release the DVD to the Police. A Police Officer, not below the rank of Inspector, may visit the actual room from time to time to ensure that agreed procedures are being followed.
Third Party Access to DVD's. Access to DVD's may be obtained in connection with civil disputes by Court Orders or be extended to lawyers acting for defendants or victims in criminal proceedings in consultation with the Police. No other access will be allowed unless approved by the Supervising officer for reasons, which fall within the purposes and objectives of the scheme and in accordance with this Code of Practice and the Data Protection Act 1998.
Photographs
Still photographs (stills) will not be taken as a matter of routine. The taking of stills must be capable of justification. Each still is numbered prior to loading into still image machines and each still will be the subject of written records.
Taking Stills during live incidents. Stills from live incidents will only be taken at the request of the Police Officer in charge of the scene when the officer shall be identified, and a record made of the request, with a log entry and the time and date of the request.
Production of Stills. A Police Officer, not below the rank of Inspector may authorise an operator to produce a still of a live incident, or a still photograph form a video recording for the prosecution or detection of crime.
General. All stills will remain the property of the Council and will be filed in numerical sequence. A record will be kept of the reason for any live still, date and time and an entry in the main log that a still has been taken. The stills record book will include the details of the staff member taking the photograph.
Any still released to the Police will be dealt with by the Police as an exhibit and shall at no time be used for anything other than the purpose specified.
Stills will only be destroyed by the Supervising Officer and within 31 days unless made the subject of a Police application or required as evidence, record will be made of all stills destroyed.
Stills will not be used to brief operators to avoid contamination of operator's evidence.
Stills will be kept in a locked cabinet.
Procedures under this part of the code will be the subject of a monitoring audit Police Officer, not below the rank of Inspector, who will be allowed access from time to time to check compliance with these requirements.
Dealing With Incidents
The level of Police response to incidents reported to them in pursuance of local arrangements is a matter entirely for the Police and will vary according to priorities appertaining at the time.
Operators will report relevant matters to other emergency services when a record will be maintained in the main log.
Operators will refer incidents to both Car Parks and any security staff as the need arises.
Police Contacts and Uses of the System
For the day to day purpose the liaison Police Officer will be the Area Inspector with responsibility for Policing within areas covered by CCTV. The Community Safety Inspector will also be responsible for liaison on Audit and for decisions with significance for the operation and and management of the scheme. Access to the control room will be as specified in this Code, a record maintained to include the purpose of the visit.
The "purpose" criteria in dealing with incidents, use of exhibits and this Code must not be exceeded. Any variance will amount to a change in the Code of Practice and must be agreed in accordance with the Code before being implemented.
Telephone calls from the Police, the officer involved, purpose of the call and outcome will be recorded in a book provided for this purpose.
Police use of the systems in any manner will comply with these Codes of Practice and not exceed them or exclude any aspect.
The presence of a Police Officer in the control room for a pre-planned operation or direct surveillance for ongoing incidents is permitted, providing the control room receives authority in writing signed by a Superintendent, to allow Police Officers to direct camera operators on the view of focus and location of cameras. This will always comply with this Code of Practice, The Data Protection Act, The Human Rights Act and The Regulation of Investigatory Powers Act.
There will be no remote control facility at the Police Communications Centre but such communication staff may direct camera operators during a live incident audibly by a telephone line and visual monitor provided for this purpose. Such use complies with this Code of Practice.
Should a request from the Police arise for use of the system in any manner that is not provided for by the Code of Practice, it must be the subject of a specific agreement between the Group Manager and the Area Police Inspector concerned. This cannot be delegated.
Any use of the system will be recorded in the main log together with the Police Officer requesting such use. The Police will similarly maintain a record of requests for use of the system at live incidents or otherwise.
Monitoring of incidents is permitted at both the Police Communications Centre and the Council Control Room, but video recordings and monitor link control will only be initiated by the Council Control Room.
The Police monitor link will show the "spot" monitor currently in use by the operator at the time and will follow any changes in camera focus or location chosen by the camera operator automatically.
Control over use of the camera will ultimately rest with the camera operator in the Council Control room.
Notes
- For Supervising Officer read also Deputy Supervising Officer or any other Officer so appointed by the Community Group Cohesion Manager (Group Manager).
- The terms Bath and North East Somerset (The Council) includes any successor to this Council.
- This Code complies with the following documents and working practices:
- Local Government Information Units "A Watching Brief" (March 1996).
- Home Office Guide for CCTV "Looking Out For You" (November 1994).
- The CCTV User Group Code of Practice (1999).
- The Data Protection Act 1998.
- The Human Rights Act 1998
- The Regulation of Investigatory Powers Act 2000.