CCTV policy

(Policy for the management, operation, and use of closed-circuit television at Lafrowda Car-Park, St. Just. A pdf copy of this policy can be downloaded here.)

Table of Contents

  1. Introduction
  2. Purposes of the CCTV system
  3. Ownership and Operation of the CCTV System
  4. Monitoring and recording
  5. Compliance with Data Protection legislation
  6. Applications for disclosure of images
  7. Retention of images
  8. Complaints Procedure
  9. Monitoring compliance
  10. Policy Review

Appendix 1. Surveillance Camera Code of Practice
Appendix 2. Data Protection Impact Assessment
Appendix 3. Subject Access Request form

1. Introduction

1.1 St. Just Town Council (“the Council”) has a CCTV surveillance system “The CCTV system” in place at The Library, Market Street, St. Just (TR19 7HX).

1.2 This policy details the purpose, use and management of the CCTV system and details the procedures to be followed in order to ensure that the Council complies with relevant legislation and the current Information Commissioner’s Office CCTV Code of Practice. The purpose of this policy is to manage and regulate the use of the
surveillance and CCTV system at the Council premises. It can be used for any of the following:

  • To comply with data protection legislation, including the Data Protection Act 1998 and the General Data Protection Regulation (GDPR – Data Protection Act 2018)) – the latter of which came into effect on 25 May 2018
  • To reassure those persons whose images are captured, that the images are being handled in accordance with data protection legislation
  • To protect individuals in relation to the use of their images and maintaining privacy.

1.3 This policy is based upon guidance issued by the Information Commissioner’s Office, ‘In the picture: A data protection code of
practice for surveillance cameras and personal information’ (“the Information Commissioner’s Guidance”) and has due regard to legislation and statutory guidance, including, but not limited to the following:

  • Home Office (2013) ‘The Surveillance Camera Code of Practice’ (Appendix 1)
  • Information Commissioner’s Office (ICO) (2017) ‘Overview of the General Data Protection Regulation (Data Protection Action 2018)’
  • ICO (2017) ‘In the picture: A data protection code of practice for surveillance cameras and personal information’
  • The Regulation of Investigatory Powers Act 2000
  • The Protection of Freedoms Act 2012
  • The General Data Protection Regulation (GDPR)
  • The Data Protection Act (DPA) 1998 & 2018 (Appendix 2. Data Protection Impact Assessment.
  • The Freedom of Information Act 2000

1.4 This policy and the procedures therein, applies to the Council’s CCTV systems situated The Library, Market Street, St. Just , TR19 7HX. All images produced by the Council’s CCTV systems are monitored and recorded in strict accordance with this policy.
1.5 This policy applies to all persons employed by the Council and any other groups, who access the site, ie: councillors or contractors.

2. Purposes of the CCTV System

2.1 The system comprises of two fixed cameras and does not have sound recording capability.
2.2 The CCTV system is used for the following purposes only:

  • To protect Council premises and Council assets
  • To protect staff and visitors
  • To increase personal safety and reduce the fear of crime
  • To support the Police in reducing and detecting crime
  • To provide as required any substantial evidence of activities to support law enforcement investigations
  • To assist in identifying, apprehending, and prosecuting offenders
  • To provide a deterrent effect and reduce criminal activity

2.3 Any Council employee or representative found using information from the CCTV system for a purpose not specified in this Policy may find themselves subject to disciplinary and/or criminal proceedings.

3. Ownership and Operation of the CCTV System

3.1 The CCTV surveillance system belongs to St. Just Town Council ‘the Owner’.
3.2 The Town Clerk is the responsible person for the management and operation of the system ‘the Controller’, with nominated individuals given authority to manage the day-to-day operations. The Controller is responsible for ensuring compliance with this policy.

4. Monitoring and Recording

4.1 The ability to review recorded and live images is limited to authorised Council personnel. Access to recorded images may also be given to other third parties by the Council subject to the requirements of the Data Protection Act.
4.2 All staff who may have access to the office containing the system monitors, as part of their day-to-day responsibilities will receive a copy of the CCTV policy and will sign to confirm that they understand and will comply with its requirements.

4.3 The Council will take reasonable steps to ensure that all relevant staff have undertaken appropriate CCTV training. This will include a copy of the CCTV Policy document being issued to all staff as part of the St. Just Town Council induction process.

4.4 Unless required for evidential purposes or the investigation of a crime or otherwise required by law, recorded images will be retained for no longer than 15 days from the date of recording and managed in accordance with this policy and the Council’s Data Retention & Disposal Policy

4.5 At the end of their useful life all recorded images will be erased.

5. Compliance with Data Protection Legislation

5.1 In its administration of its CCTV system, the Council complies with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Due regard is given to the data protection principles embodied in GDPR. These principles require that personal data shall be:

Processed lawfully, fairly and in a transparent manner;

Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

Accurate and, where necessary, kept up to date;
Kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data are processed;

Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures

5.2 For the purposes of data protection legislation St. Just Town Council is the Data Controller. The Council’s Data Protection Officer is the Town Clerk.

6. Application for Disclosure of Images

Applications by individual data subjects

6.1 Requests by individual data subjects for images relating to themselves “Subject Access Request” (Appendix 3) should be submitted to the Town Clerk using the form provided on request together with proof of identification. Details of this process can be obtained from the Council’s reception area in the Library.

6.2 In order to locate the images on the Council’s system, sufficient detail must be provided by the data subject in order to allow the relevant images to be located and the data subject to be identified.

6.3 Record of any disclosure made under this policy will be held as a ‘Record of Subject Access Requests’ itemising the date, time, camera, requestor, authoriser and reason for the disclosure.

6.4 All Subject Access Requests will be responded to within 30 days.

6.5 Where the Council is unable to comply with a Subject Access Request without disclosing the personal data of another individualwho is identified or identifiable from that information, it is not obliged to comply with the request unless satisfied that the individual has provided their express consent to the disclosure, or if it is reasonable, having regard to the circumstances, to comply without the consent ofthe individual.

Access to and disclosure of images to third parties

6.6 In limited circumstances it may be appropriate to disclose images to a third party, such as when a disclosure is required by law, in relation to the prevention or detection of crime or in other circumstances where an exemption applies under relevant legislation.

6.7 Such disclosures will be made at the discretion of the Council, with reference to relevant legislation.
6.8 Where a suspicion of misconduct arises and at the formal request of the Investigating Officer or HR Advisor, the Council may provide access to CCTV images for use in staff disciplinary cases.

7. Retention of Images

7.1 No images will be retained other than those which are strictly required for the stated purpose of the CCTV system.
7.2 Unless required for evidential purposes, the investigation of an offence or as required by law, CCTV images will be retained for no longer than 15 days from the date of recording. Images will be automatically overwritten after this point.
7.3 Where an image is required to be held in excess of the retention period referred to in 7.2, the Controller will be responsible for authorising such a request.
7.4 Access to retained CCTV images is restricted to the Controller and other persons as required and as authorised by the Council.

8. Complaints Procedure

8.1 Complaints concerning the Council’s use of its CCTV system, or the disclosure of CCTV images should be made in writing to the Town Clerk. Any complaints received will be dealt with according to the Council’s standard complaints procedure.

9. Monitoring Compliance

9.1 All staff involved in the operation of the Council’s CCTV System will be made aware of this policy and will only be authorised to use the CCTV System in a way that is consistent with the purposes and procedures contained therein.
9.2 All cameras will be maintained and serviced annually ensuring that the software is up to date.

10. Policy Review

10.1 The Councils usage of CCTV and the content of this policy shall be reviewed annually, with reference to the relevant legislation or guidance in effect at the time, or earlier depending on the results of monitoring, changes in legislation, recommendations from national bodies, or as a result of incident, accident or complaint.

10.2 As part of the above annual review the effectiveness of the CCTV system will be monitored with regards to its purposes as specified in this Policy (Section 2. Purposes of the CCTV System).
10.3 This is the first version of the Policy. The next scheduled review date is November 2024.

Adopted by St. Just Town Council 20 November 2023