CCTV POLICY AND CODE OF PRACTICE

Transcription

1 1 INTRODUCTION This policy applies to the Senior School, Prep School and Pre-Prep School CCTV POLICY AND CODE OF PRACTICE 1.1. Yarm School (the School ) has installed a comprehensive closed circuit television ( CCTV ) surveillance system across school premises for the principal purposes of security and safety of the workforce, pupils, School property, contractors and visitors to the school. The objectives of the CCTV system are addressed in full at paragraph 3 of this policy It is recognised that the benefits of operating the CCTV system for this purpose may include maintaining an environment for students, staff and visitors which supports their safety and welfare, maintain public safety, security of property and School premises, aid public safety, reduce the fear of physical abuse, intimidation and crime The purpose of this policy is to regulate the management and use of the CCTV system at the School This policy is prepared in accordance with the Information Commissioner s Code of Practice ( Code of Practice ), the Data Protection Act (1998), the General Data Protection Regulation (2018), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and will be reviewed in light of any superseding legislation in due course The School will take steps to ensure that any third parties who are involved in the maintenance of the CCTV equipment are aware of this policy. This policy will be subject to annual review, which will include a review in respect of the effectiveness and necessity of the system. The next review date can be found at the start of this document. 2 STATEMENT OF INTENT 2.1. Details of the CCTV system will be registered with the Information Commissioner under the terms of the DPA and will seek to comply with the requirements of both the DPA and the Code of Practice Cameras will be used to monitor activities within School premises in line with the objectives set out at paragraph 3 of this policy. Page 1

2 2.3. All images, recordings and any other information captured by the CCTV cameras shall be treated as data for the purposes of the DPA To ensure privacy, as far as is practicable, the CCTV cameras will not focus on private property, specific individuals or groups of individuals; in order to ensure that reasonable privacy expectations are not violated, coverage is restricted to School premises and limited to what is necessary to comply with processing conditions. Where it is not practicable or possible to prevent the cameras from covering areas which include private property, appropriate training will be given to any authorised operators of the CCTV system to ensure that these areas are not actively monitored. Images and recordings will only be captured where they are relevant to the purposes for which the CCTV system is installed The CCTV system captures and records images only. No audio recordings are or will be made as a result of the use of this system The CCTV system has been designed to produce maximum effectiveness and efficiency. However, the School cannot guarantee that the CCTV system will cover, detect or record every single incident which takes place in the areas of CCTV coverage In accordance with the Code of Practice, appropriate signage has been placed at the entrance to and within any CCTV system zone to make individuals aware of the presence of the CCTV system. 3 OBJECTIVES OF THE CCTV SYSTEM The CCTV system will be used for the following purposes: 3.1. Assisting in the prevention, detection and investigation of crime; 3.2. Facilitating the identification, apprehension and prosecution of offenders where relevant; 3.3. Protecting staff, students and any visitors to the School; 3.4. Monitoring staff when carrying out work duties and providing management information relating to employee compliance with contracts of employment; 3.5. Assisting in connection with disciplinary procedures in cases of serious misconduct; 3.6. Assisting in the usage and management of the School buildings and car parks on a day to day basis. OPERATION OF THE SYSTEM 3.7. The CCTV system is owned by the School and will be administered by The Estates Manager ( CCTV Manager ). The CCTV Manager is responsible for the overall control of the CCTV system, including the recordings and images obtained, and for deciding how the CCTV system should be used. The CCTV Manager s daily lead for the operation of the system is the Head of Caretaking & Maintenance Members of the Senior Management Team will be authorised to access, operate and use the CCTV system at the discretion of the CCTV Manager ( Authorised Personnel ). Authorisation will only be granted where it is necessary for that individual to have access in order to achieve the purposes of using the CCTV equipment. Page 2

3 3.9. The CCTV system will be in operation 24 hours a day and therefore images are capable of being monitored for 24 hour a day throughout the whole year The CCTV system will be checked half yearly to ensure that the system is operating effectively and in particular that the equipment is properly recording and that cameras are functional. The Yarm Senior School CCTV system consists of 15 permanent installations, as follows: System A covers the High Street pedestrian entrance; System B covers the Spital exit gates; Systems C and D covers the main entrance gate; System E and F covers the main car park areas ; System G covers the main drive leading up towards the Spital gates; System H covers the boat house compound area; System J covers the Yurt entrance situated in the woodland; Systems K, L, M, N &O covers the exits & perimeter to the Riverside teaching block; System P covers the basement corridor area in the Riverside teaching block; System Q covers the Music School ground floor foyer area; System R & S covers the main entrance to the Friarage System T & U covers the new pedestrian gates adjacent car park to the kitchen areas The Yarm Pre-Prep & Preparatory School CCTV system also consists of 15 permanent installations, as follows: System A covers the main Pre-Prep entrance; Systems B, C, D, E, F, G, H, J & K covers the exits to the perimeter of the Pre-Prep; System L covers the pedestrian gate leading to the Preparatory School; System M covers the Pedestrian gate at the Preparatory School ; System N covers the main entrance/exit gates at the Preparatory School; System O covers the quiet area located on the teaching A Block Preparatory School; System P covers the main playground area at the Preparatory School; The staff listed below, and only these staff, are authorised to operate and access the above installations: Estates Manager; Head of Caretaking & Maintenance; School Manager (only where employees data is involved) The Headmaster; The Deputy Headmaster; The Headmaster of The Preparatory School; Director of Studies; Head of Sixth Form; Page 3

4 Head of Middle School; Head of Learning & Achievement In addition, there is a camera monitor located in the Senior School office which captures the Friarage front door but no images are recorded. 4 SECURITY 4.1. Images captured by cameras will be recorded on equipment located securely within School buildings. All security control rooms will have monitoring equipment which will allow control room officers to monitor live images from the cameras. 5 MONITORING OF CCTV IMAGES 5.1. The CCTV Manager will ensure that all Authorised Personnel are fully trained in respect of all functions, operational and administrative, arising out of the operation of the CCTV surveillance system, including training in the requirements of the Code of Practice and the DPA All staff members employed by the School will be aware of the sensitivity of CCTV images and recordings Monitoring of the CCTV system will only be carried out by the CCTV Manager and Authorised Personnel The control and operation of the CCTV system will always remain with the School. However, at the discretion of the CCTV Manager, CCTV cameras may be operated in accordance with requests made by law enforcement authorities either: during an incident to monitor public disorder; to assist in the detection of crime; or to facilitate the apprehension and prosecution of offenders in relation to crime and public order. On each occasion any law enforcement authority is assisted with their operations, a report setting out the date, time and detail of the incident will be made in accordance with instructions from the CCTV Manager CCTV images which record any behaviour, which cannot reasonably be ignored, may be used for staff and student disciplinary purposes. 6 COVERT MONITORING 6.1. Covert surveillance may be used in very limited and exceptional circumstances on the written authorisation from all of the CCTV Manager, the School Manager and the Privacy Officers. Page 4

5 6.2. Covert surveillance will only be considered in situations where either: Informing the individual(s) concerned that recording was taking place would seriously prejudice the objective of making the recording; or There is reasonable cause to suspect that illegal or unauthorised activity is taking place or is about to take place Any covert surveillance carried out in accordance with this clause 7 will only be carried out for a limited and reasonable period of time which is consistent with the objectives of making the recording The CCTV Manager will ensure that any decision to adopt covert monitoring will be fully documented, including setting out how the decision to use the recording was reached and by whom Any cameras sited for the purpose of covert monitoring will not be used in areas which are reasonably expected to be private. For example, this would include toilet cubicles. 7 RECORDING OF CCTV IMAGES 7.1. All recording equipment used for the monitoring and capture of images by use of the CCTV system belongs to and remains the property of the School All permanent systems which record are now HDD based, and the hard drive will recycle recordings about every 31 days. If a copy of any recorded material is required, it must therefore be made within 30 days In the event that any image recorded by the CCTV system is retained pursuant to any exemptions under the DPA, the CCTV Manager will ensure that a record is kept as to the information, images or recording which is being retained together with the appropriate reasons for doing so. ACCESS TO CCTV IMAGES General Access 7.4. Access to and disclosure of images and recordings captured by the School s CCTV system is restricted and carefully controlled to ensure that: the rights of individuals are preserved; and the chain of evidence remains intact should the images be required for evidential purposes Access to recorded images will be restricted to the CCTV Manager and Authorised Personnel Requests by persons outside of the School, other than those made by law enforcement authorities, to access, view and/or obtain recordings or images shall be considered and assessed on a case by case basis by the CCTV Manager. Access will only be granted where this would be consistent with the obligations placed on the School by the DPA. Page 5

6 7.7. All requests for access will be recorded by the School, whether access is granted or not In the event that access is granted or a relevant disclosure is made, a record will be made detailing: the date and time at which access was allowed or the relevant disclosure made; the reason for the grant of the access or the disclosure; the extent of the information accessed or disclosed; and the name of the Authorised Personnel providing access In the event that access is not granted, a record will be made detailing the reasons for the denial In the event that the CCTV Manager decides, in their discretion, that the assistance of a member of School staff is required to identify a victim, witness or perpetrator in relation to a criminal incident, select images captured by the CCTV system may be circulated via the School s system to selected staff on a targeted basis, or placed on a suitably restricted area of the School s website. As part of that decision, the wishes of the victim of an incident will, where possible, be taken into account. Access by Law Enforcement Authorities Requests for access to images or recordings captured by the School s CCTV system will not normally be denied and can be made without the authority of the CCTV Manager provided that any such request is accompanied by a written request signed by an appropriate person within the law enforcement authority, e.g. a police officer, which must indicate that the images are required for the purposes of a specific crime enquiry The CCTV Manager will maintain a record of access requests made by any law enforcement authority which will include the date access was granted and the images which were released. 8 ACCESS BY DATA SUBJECTS AND FREEDOM OF INFORMATION REQUESTS 8.1 Images obtained through the use of the CCTV system which include recognisable individuals constitute personal data under the DPA. 8.2 The DPA provides individuals with a right to access data held about them. Therefore, any individual that believes they have been filmed by the School s CCTV system can request a copy of the recording. In accordance with section 7 of the DPA, the School will inform individuals whether or not images of them have been captured and processed by the CCTV system. 8.3 The School will only comply with a request made by a data subject provided it is able to satisfy itself as to the identity of the person making the request and if it is able to locate the information which the person seeks. 8.4 Data subjects may make an access request for any relevant CCTV recordings by contacting the CCTV Manager and providing the following details: Page 6

7 8.4.1 Dates and times of the relevant incident or their visit to the School with details of the location on School premises; Two photographs one full face and one side view; Photographic proof of identity; Cash or cheque in the sum of payable to Yarm School (as permitted under the DPA); and Whether the individual requires copies of the images in question or viewing only. 8.5 A written decision will be sent to the data subject within 21 days of receipt of the request. If access is granted, such access will be provided within 40 days of receipt of the request or, if later, on the date when the School receives confirmation of identification from the Data Subject under the DPA. Under the GDPR, such information will be provided within one month. 8.6 Where the School is unable to comply with a subject access request without disclosing information relating to another individual who can be identified from that information, it is not obliged to comply with the request unless that individual has consented to the disclosure or it is reasonable, in the circumstances, to comply without the consent of the individual. 8.7 As CCTV footage can constitute personal data, the individual has additional rights under GDPR from 25 th May These are as follows: Request correction of the personal information. This enables the individual to have any incomplete or inaccurate information held about them corrected. Request erasure of personal information. This enables individuals to ask the School to delete or remove personal information where there is no good reason for the School to continue to process it. They also have the right to ask the School to delete or remove their personal information where they have exercised their right to object to processing. Object to processing where the School are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes the individual want to object to processing on this ground. An individual also has the right to object where the School are processing your personal information for direct marketing purposes. Request the restriction of processing of personal information. This enables the individual to ask the School to suspend the processing of personal information about the individual, for example if you want us to establish its accuracy or the reason for processing it. Request the transfer of your personal information to another party. 9 BREACHES OF THIS POLICY AND COMPLAINTS 9.1 Any breach of this policy by the CCTV Manager or any Authorised Personnel responsible for monitoring the system or who has access to any of the images captured by the CCTV system may constitute matters of discipline under the relevant conditions of employment. Page 7

8 9.2 In the event that any member of staff of the School or any student has any concerns or complaints in respect of the operation of the CCTV system or of any individual s use of the CCTV system, these should be addressed to the CCTV Manager. Policy created by: CJE Date: 18 th March 2016 Revised: June 2017 [CJE] April 2018 Date of next review: August 2018 [CJE] Page 8