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Appendix C

CCTV - Code of Practice - National Standard for the release of data to third parties

1. Introduction

Arguably CCTV is one of the most powerful tools to be developed during recent years to assist with efforts to combat crime and disorder whilst enhancing community safety. Equally, it may be regarded by some as the most potent infringement of people's liberty. If users, owners and managers of such a System are to command the respect and support of the general public, the System must not only be used with the utmost probity at all times, it must be used in a manner which stands up to scrutiny and is accountable to the very people it is aiming to protect.

The New Forest Community Safety Partnership are committed to the belief that everyone has the right to respect for his or her private and family life and their home. Although the use of CCTV cameras has become widely accepted in the UK as an effective security tool, those people who do express concern tend to do so over the handling of the information (data) which the System gathers.

2. General Policy

All requests for the release of data shall be processed in accordance with the Procedure Manual. All such requests shall be channelled through the System Manager.

3. Primary Request To View Data

a) Primary requests to view data generated by a CCTV System are likely to be made by third parties for any one or more of the following purposes:

i) Providing evidence in criminal proceedings (e.g. Police and Criminal Evidence Act 1984, Criminal Procedures & Investigations Act 1996, etc.);
ii)Providing evidence in civil proceedings or tribunals.
iii) The prevention of crime.
iv) The investigation and detection of crime (may include identification of offenders).
v) Identification of witnesses.

b) Third parties, which are required to show adequate grounds for disclosure of data within the above criteria, may include, but are not limited to:

i) Police (1)
ii) Statutory authorities with powers to prosecute, (e.g. Customs and Excise; Trading Standards, etc.)
iii) Solicitors (2)
iv) Claimants in civil proceedings(3)
v) Accused persons or defendants in criminal proceedings (3)
vi) Other agencies according to purpose and legal status(4).

c) Upon receipt from a third party of a bona fide request for the release of data, the data controller shall:

i) Not unduly obstruct a third party investigation to verify the existence of relevant data.
ii) Ensure the retention of data which may be relevant to a request, but which may be pending application for, or the issue of, a court order or subpoena. A time limit shall be imposed on such retention, which will be notified at the time of the request.

Note: A time limit could apply providing reasonable notice was issued to the agent, prior to the destruction of the held data, (e.g. a time limit was about to expire).

d) In circumstances outlined at note (3) below, (requests by parties to litigation, accused persons or defendants) the System Manager, or nominated representative, shall:

i) Be satisfied that there is no connection with any existing data held by the police in connection with the same investigation.
ii) Treat all such enquiries with strict confidentiality.

Notes:
(1) The release of data to the police is not be restricted to the civil police but could include, (for example) British Transport Police, Ministry of Defence Police, Military Police, etc. Aside from criminal investigations, data may be of evidential value in respect of civil proceedings or tribunals.  In such cases a solicitor, or authorised representative of the tribunal, is required to give relevant information in writing prior to a search being granted. In the event of a search resulting in a requirement being made for the release of data, such release will only be facilitated on the instructions of a court order or subpoena. A charge may be made for this service to cover costs incurred.  In all circumstances data will only be released for lawful and proper purposes.
(2) There may be occasions when an enquiry by a claimant, an accused person, a defendant or a defence solicitor falls outside the terms of disclosure or subject access legislation. An example could be the investigation of an alibi. Such an enquiry may not form part of a prosecution investigation.  Defence inquiries could also arise in a case where there appeared to be no recorded evidence in a prosecution investigation.
(3) The data controller shall decide which (if any) "other agencies" might be permitted access to data. Having identified those 'other agencies', such access to data will only be permitted in compliance with this Standard.
(4) The data controller can refuse an individual request to view if insufficient or inaccurate information is provided. A search request should specify reasonable accuracy (could be specified to the nearest ½ hour or hour).

4. Secondary Request To View Data

a) A 'secondary' request for access to data may be defined as any request being made which does not fall into the category of a primary request. Before complying with a secondary request, the data controller shall ensure that:

i) The request does not contravene, and that compliance with the request would not breach, current relevant legislation, (e.g. Data Protection Act 1998, Human Rights Act 1998, section 163 Criminal Justice and Public Order Act 1994, etc.);
ii) Any legislative requirements have been complied with, (e.g. the requirements of the Data Protection Act 1998);
iii) Due regard has been taken of any known case law (current or past) which may be relevant, (e.g. R v Brentwood BC ex p. Peck) and
iv) The request would pass a test of 'disclosure in the public interest'(1).

b) If, in compliance with a secondary request to view data, a decision is taken to release material to a third party, the following safeguards shall be put in place before surrendering the material:

i) In respect of material to be released under the auspices of 'crime prevention', written agreement to the release of the material should be obtained from a police officer, not below the rank of Inspector. The officer should have personal knowledge of the circumstances of the crime/s to be prevented and an understanding of the CCTV System Code of Practice(2).
ii) If the material is to be released under the auspices of 'public well being, health or safety', written agreement to the release of material should be obtained from the System Owner or or an officer of equal rank within the Local Authority. The officer should have personal knowledge of the potential benefit to be derived from releasing the material and an understanding of the CCTV System Code of Practice.

c) Recorded material may be used for bona fide training purposes such as police or staff training. Under no circumstances will recorded material be released for commercial sale of material for training or entertainment purposes.

Note:
(1) 'Disclosure in the public interest' could include the disclosure of personal data that:

i) provides specific information which would be of value or of interest to the public well being
ii) identifies a public health or safety issue
iii) leads to the prevention of crime

(2) The disclosure of personal data which is the subject of a 'live' criminal investigation would always come under the terms of a primary request, (see iii above).

5. Individual Subject Access under Data Protection legislation

a) Under the terms of Data Protection legislation, individual access to personal data, of which that individual is the data subject, must be permitted providing:

i) The request is made in writing.;
ii) A specified fee is paid for each individual search.
iii) The Data Controller is supplied with sufficient information to satisfy him or her self as to the identity of the person making the request.
iv) The person making the request provides sufficient and accurate information about the time, date and place to enable the data controller to locate the information which that person seeks, (it is recognised that a person making a request is unlikely to know the precise time. Under those circumstances it is suggested that within a ½ to one hour of accuracy would be a reasonable requirement).
v) The person making the request is only shown information relevant to that particular search and which contains personal data of her or him self only, unless all other individuals who may be identified from the same information have consented to the disclosure.

b) In the event of the System Manager complying with a request to supply a copy of the data to the subject, only data pertaining to the individual should be copied, (all other personal data which may facilitate the identification of any other person should be concealed or erased). Under these circumstances an additional fee of £10.00 (or the maximum in force) will be payable.

c) The System Manager is entitled to refuse an individual request to view data under these provisions if insufficient or inaccurate information is provided, however every effort should be made to comply with subject access procedures and each request should be treated on its own merit.

d) In addition to the principles contained within the Data Protection legislation, the Data Controller should be satisfied that the data is:

i) Not currently and, as far as can be reasonably ascertained, not likely to become, part of a 'live' criminal investigation.
ii) Not currently and, as far as can be reasonably ascertained, not likely to become, relevant to civil proceedings'
iii) Not the subject of a complaint or dispute upon which action has not been taken.
iv) The original data and that the audit trail has been maintained.
v) Not removed or copied without proper authority.
vi) For individual disclosure only (i.e. to be disclosed to a named subject).

6. Process of Disclosure:

a)Verify the accuracy of the request.

b) Replay the data to the requester only, (or responsible person acting on behalf of the person making the request).

c) The viewing should take place in a separate room and not in the control or monitoring area. Only data which is specific to the search request shall be shown.

d) It must not be possible to identify any other individual from the information being shown, (any such information will be blanked-out, either by means of electronic screening or manual editing on the monitor screen).

e) If a copy of the material is requested and there is no on-site means of editing out other personal data, then the material shall be sent to an editing house for processing prior to being sent to the requester.

Note: The Information Commissioners Code of Practice for CCTV makes specific requirements for the precautions to be taken when images are sent to an editing house for processing.

7. Media disclosure

Set procedures for release of data to a third party should be followed. If the means of editing out other personal data does not exist on-site, measures should include the following:

a) In the event of a request from the media for access to recorded material, the procedures outlined under 'secondary request to view data' shall be followed. If material is to be released the following procedures shall be adopted:

i) The release of the material must be accompanied by a release document signed by the System Manager that clearly states what the data will be used for and sets out the limits on its use.
ii) The release form shall state that the receiver must process the data in a manner prescribed by the data controller, e.g. specific identities/data that must not be revealed.
iii) It shall require that proof of any editing must be passed back to the System Manager, either for approval or final consent, prior to its intended use by the media (protecting the position of the data controller who would be responsible for any infringement of Data Protection legislation and the System's Code of Practice).
iv) The release form shall be considered a contract and signed by both parties.

8. Principles

In adopting this national standard for the release of data to third parties, it is intended, as far as reasonably practicable, to safeguard the individual's rights to privacy and to give effect to the following principles:

a) Recorded material shall be processed lawfully and fairly and used only for the purposes defined in the Code of Practice for the CCTV scheme;

b) Access to recorded material shall only take place in accordance with this Standard and the Code of Practice;

c) The release or disclosure of data for commercial or entertainment purposes is specifically prohibited.

Updated: 2 Dec 2014
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