CCTV: procedures for the release of evidence
Arguably, closed circuit television (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 systems are to command the respect and support of the general
public, the systems must be used in a manner which stands up to
scrutiny and is accountable to the very people they are aiming to
protect.
The council is committed to the belief that everyone has the
right to respect for private and family life. 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.
After considerable research and consultation, a nationally
recommended standard has been adopted by the system owners.
General policy
All requests for the release of data will go through the data
controller or his nominated representative.
Primary request to view data
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:
- providing evidence in criminal proceedings
- the prevention of crime
- the investigation and detection of crime (may include
identification of offenders)
- identification of witnesses
(Information is only released on receipt of a crime or police
log number)
Third parties, which are required to show adequate grounds for
disclosure of data within the above criteria, may include, but are
not limited to:
- police
- statutory authorities with powers to prosecute, for example
Customs and Excise, Trading Standards
- solicitors
- claimants in civil proceedings
- accused persons or defendants in criminal proceedings
- other agencies, (as agreed by the Data Controller and notified
to the Information Commissioner) according to purpose and legal
status
Upon receipt from a third party of a bona fide
request for the release of data, the data controller shall:
- Not unduly obstruct a third party investigation to verify the
existence of relevant data
- 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
Where requests fall outside the terms of
disclosure and Subject Access legislation, the data controller, or
nominated representative, shall:
- Be satisfied that there is no connection with any existing data
held by the police in connection with the same investigation
- Treat all such enquiries with strict confidentiality
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Secondary request to view data
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:
- the request does not contravene, and that compliance with the
request would not breach, current relevant legislation, for
example, Data Protection Act 1998, Human Rights Act 1998, section
163 Criminal Justice and Public Order Act 1994
- any legislative requirements have been complied with, for
example the requirements of the Data Protection Act 1998
- due regard has been taken of any known case law (current or
past) which may be relevant, for example, R v Brentwood BC ex p.
Peck, and
- the request would pass a test of 'disclosure in the public
interest'
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:
- 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
- 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 a senior officer within the
council. 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
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.
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Individual subject access under Data Protection
legislation
Under the terms of Data Protection legislation, individual
access to personal data, of which that individual is the data
subject, must be permitted providing:
- the request is made in writing
- a specified fee is paid for each individual search
- the data controller is supplied with sufficient information to
satisfy him or her self as to the identity of the person making the
request
- 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 one hour of accuracy would be a reasonable requirement)
- 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
In the event of the data controller 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 may be payable.
The data controller 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.
In addition to the principles contained within the Data
Protection legislation, the data controller should be satisfied
that the data is:
- not currently and, as far as can be reasonably ascertained, not
likely to become, part of a 'live' criminal investigation
- not the subject of a complaint or dispute which has not been
actioned
- the original data and that the audit trail has been
maintained
- not removed or copied without proper authority
- for individual disclosure only, for example, to be disclosed to
a named subject
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Process of disclosure
- Verify the accuracy of the request.
Replay the data to the requestee only, or responsible person acting
on behalf of the person making the request.
- 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.
- 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).
- 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 requestee.
Media disclosure
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:
- the release of the material must be accompanied by a signed
release document that clearly states what the data will be used for
and sets out the limits on its use, and indemnifies the partnership
against any breaches of the legislation
- the release form shall state that the receiver must process the
data in a manner prescribed by the data controller, for example,
specific identities/data that must not be revealed
- it shall require that proof of any editing must be passed back
to the data controller, 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)
- the release form shall be considered a contract and signed by
both parties
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To contact the CCTV manager:
CCTV Manager
Mulberry Place
5 Clove Crescent
East India Dock
London, E14 2BG
Tel: 020 7364 0515
Email: cctv@towerhamlets.gov.uk