This policy was adopted by the Council at its meeting held on 23rd May 2018, Minute Ref. 18/73d. Due for review annually.
This policy is to control the management, operation, use and confidentiality of the CCTV system located at the Orpen Memorial Hall Complex and the Lorkin Daniell Field, Lexden Road, West Bergholt, Essex. The site is owned and managed by West Bergholt Parish Council.
The policy was prepared after taking due account of the Code of Practice published by the Data Protection Commissioner (revised 2015). This policy will be subject to periodic review by the Parish Council to ensure that it continues to reflect the public interest and that it and the system meets all legislative requirements.
The CCTV Scheme is registered with the Information Commissioner under the Terms of the Data Protection Act 1998. Registration Reference: ZA296652
West Bergholt Parish Council accepts the eight data protection principles based on the Data Protection Act 1998 as follows:
- Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-
- at least one of the conditions in Schedule 2 is met, and
- in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
- Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes.
- Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
- Personal data shall be accurate and, where necessary, kept up to date.
- Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- Personal data shall be processed in accordance with the rights of data subjects under this Act.
- Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
- Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Statement of Purpose
To provide a safe and secure environment for the benefit of those who might visit, work or live in the area. The system will not be used to invade the privacy of any individual, except when carried out in accordance with the law. The scheme will be used for the following purposes:
- to reduce the fear of crime by persons using facilities at the Orpen Memorial Hall, so they can enter and leave the buildings and facilities without fear of intimidation by individuals or groups;
- to reduce the vandalism of property and to prevent, deter and detect crime and disorder; to assist the police, the Parish Council and other Law Enforcement Agencies with identification, detection, apprehension and prosecution of offenders by examining and using retrievable evidence relating to crime, public order or contravention of bye-laws;
- to deter potential offenders by publicly displaying the existence of CCTV, having cameras clearly sited that are not hidden and signs on display in areas being monitored;
- to assist all “emergency services” to carry out their lawful duties.
Changes to the Purpose or Policy
The CCTV Policy may be discussed at meetings of the West Bergholt Premises Committee. However, any major change that would have a significant impact on either the purpose or this policy of operation of the CCTV scheme will take place only after discussion and resolution at a full Parish Council meeting.
West Bergholt Parish Council retains overall responsibility for the scheme.
CCTV Code of Practice
In its use of the CCTV system, West Bergholt Parish Council will comply with follow the 12 guiding principles of the Surveillance Camera Code of Practice, namely:
- Use of a surveillance camera system must always be for a specified purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need.
- The use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified.
- There must be as much transparency in the use of a surveillance camera system as possible, including a published contact point for access to information and complaints.
- There must be clear responsibility and accountability for all surveillance camera system activities including images and information collected, held and used.
- Clear rules, policies and procedures must be in place before a surveillance camera system is used, and these must be communicated to all who need to comply with them.
- No more images and information should be stored than that which is strictly required for the stated purpose of a surveillance camera system, and such images and information should be deleted once their purposes have been discharged.
- Access to retained images and information should be restricted and there must be clearly defined rules on who can gain access and for what purpose such access is granted; the disclosure of images and information should only take place when it is necessary for such a purpose or for law enforcement purposes.
- Surveillance camera system operators should consider any approved operational, technical and competency standards relevant to a system and its purpose and work to meet and maintain those standards.
- Surveillance camera system images and information should be subject to appropriate security measures to safeguard against unauthorised access and use.
- There should be effective review and audit mechanisms to ensure legal requirements, policies and standards are complied with in practice, and regular reports should be published.
- When the use of a surveillance camera system is in pursuit of a legitimate aim, and there is a pressing need for its use, it should then be used in the most effective way to support public safety and law enforcement with the aim of processing images and information of evidential value.
- Any information used to support a surveillance camera system which compares against a reference database for matching purposes should be accurate and kept up to date.
- Code of Practice: A copy of the Data Protection Code for Surveillance Cameras and Personal Information is available on the Information Commissioner’s Office website at ico.org.uk.
- How to make a subject access request: An individual has a right to request access to the information we have on them. They can do this by contacting the Parish Clerk: (Laura Walkingshaw, 80 Chapel Road, West Bergholt CO6 3HL, phone: 07726 424419, email: [email protected])
- Complaints: if you have a complaint about either the operation of the system or the failure to comply with the requirements of the code please contact the Parish Clerk (details above) or the Information Commissioner’s Office ([email protected] Tel: 0303 1231113)
Please see Appendix 1 (attached) Checklist for users of limited CCTV systems monitoring small retail and business premises.