Code of Practice
-for the Management and use of North East Lincolnshire Councils CCTV System / Ref No: AMSEC/1000/NELC
CODE OF PRACTICE
INDEX
Number / Heading / Pages1.0 / Introduction / 3-4
2.0 / General Principals / 5
3.0 / Purpose of the Scheme / 5
4.0 / The Key Objectives / 5
5.0 / Procedures/SWP’s / 5
6.0 / Data Protection Act, 1998 / 6
7.0 / Regulation of Investigatory Powers Act / 6
8.0 / Human Rights Act, 1998 / 7
9.0 / Changes to the Code / 7
10.0 / Management and Responsibilities of the System / 7
11.0 / Installation Criteria / 8
12.0 / Accountability / 8
13.0 / Public Information / 9
14.0 / Assessment of the Scheme and Code of Practice / 9-10
15.0 / Staff / 10
16.0 / Complaints / 10
17.0 / Breaches of the Code of Practice / 11
18.0 / Control and Operation of Cameras / 11
19.0 / Communication with other Schemes / 11
20.0 / Access to the Control Room / 12
21.0 / Release of information to Police and other Enforcement Bodies / 12-13
22.0 / Release of information in response to data subject access requests / 12-13
23.0 / Release of information to third parties / 13
24.0 / General tape/disk Management / 14
25.0 / Photographs / 14
26.0 / Dealing with Incidents / 15
27.0 / Police use of the System / 15
Appendix
Appendix - A - CDRP Partnership Protocol
Document
Appendix - B - Surveillance Request Form
Appendix - C - RIPA Authorisation Signatories
Appendix - D - Police Review Request Form
Appendix - E - Subject Access Request Form
Appendix - F - CCTV Review Request Form
1.0 Introduction
North East Lincolnshire Council have a legal responsibility in respect of the Crime and Disorder Act, 1998 to take a lead role in reducing crime and disorder in their area. The Council has made a commitment in line with this responsibility to provide and maintain a CCTV Surveillance facility which supports the police and other agencies in reducing crime and the fear of crime. It is acknowledged by the Council that CCTV has an important role to play in reducing crime and the fear of crime in areas covered by CCTV, however, there is a clear understanding that its success can only be realised when its application is integrated into and complemented by other crime and disorder initiatives adopted by North East Lincolnshire Crime and Disorder Partnership(CDRP).
1.2 North East Lincolnshire Council owns and monitors, from its Control Room in Doughty Road Depot Grimsby, 140 closed circuit television cameras, and 15 rapid deployment cameras for high crime and disorder areas, for the purpose of crime surveillance in public areas. The surveillance system covers the following areas:-
Old Market Place / GrimsbyBull Ring Lane / Grimsby
Victoria Street West / Grimsby
East St. Mary’s Gate / Grimsby
George Street / Grimsby
Bus Station / Grimsby
Bethlehem Street / Grimsby
Brewery Street / Grimsby
Wingate Parade / Grimsby
River Head / Grimsby
St. James Square / Grimsby
Garden St. Car park / Grimsby
Freeman Street / Grimsby
Orwell Street / Grimsby
Garibaldi Street / Grimsby
Discovery Centre / Cleethorpes
High Street Car Park / Cleethorpes
St. Peter’s Avenue C/P
St. Peters Avenue / Cleethorpes
Market Place / Cleethorpes
Dolphin Gardens / Cleethorpes
Sea Road / Cleethorpes
North Promenade / Cleethorpes
Central Promenade / Cleethorpes
High Cliff Road / Cleethorpes
Brighton Street Slipway / Cleethorpes
High Street / Cleethorpes
Alexandra Road / Cleethorpes
Kingsway / Cleethorpes
Boating Lake Car Park / Cleethorpes
Short Street / Cleethorpes
Wardle Street Car Park / Cleethorpes
Meridian Point / Cleethorpes
Kings Road / Cleethorpes
Kennedy Way Immingham
Washdyke lane Immingham
1.3 The CCTV system consists of predominantly colour multi-functional cameras utilizing a combination of fibre optic cables, microwave, broadband and wireless links as a means of transmission.
1.3.1 The CCTV system is operational 24 hours per day and is staffed by trained and licenced Balfour Beatty personnel.
1.3.2 The system has a facility to relay live pictures to Grimsby Police Station Control Room. This arrangement is supported by direct communication links between the control rooms and allows police to view live pictures from any of the linked cameras. There is no direct control facility provided for the police or any direct recording facility.
1.3.3 The system is owned by North East Lincolnshire Council, Municipal Offices, Grimsby. DN31 1HU and monitored by Balfour Beatty Living Places their partners and staffed by Balfour Beatty employees.
The Executive Director of Regeneration has delegated responsibility, for ensuring The Council is legally responsible for the system and as such is the data controller for the purposes of the Data Protection Act, 1998. the day to day compliance with this Code of Practice.
1.4 All recorded material is owned by and the copyright of North East Lincolnshire Council.
1.5 The system is only to be used for purposes detailed in this Code of Practice, processing of the information collected is to be solely for the exercise of a function of a public nature undertaken in the public interest as defined by paragraph 5(d) of Schedule 2 of the Data Protection Act, 1998 and under Schedule 3 of the same Act, to meet the Council’s obligations under the Crime and Disorder Act, 1998 and Human Rights Act, 1998.
1.6 The CCTV system will only be extended into new areas following –
1.6.1 extensive public consultation which confirms that the local community is in favour and
1.6.2 detailed crime patterns analysis indicate CCTV is the most effective way of addressing the problems identified
1.7 The ultimate aim of the system is to make North East Lincolnshire a desirable place to live and to raise the public and business perception of what North East Lincolnshire has to offer, making it an attractive choice for shopping, recreation, business and tourism.
1.7.1 It is important to emphasise that the CCTV system is not a “spy system”. It is intended to detect crime and the criminals involved and lead to successful prosecution. There will be no interest shown in, or deliberate monitoring of people, or employees of the North East Lincolnshire Council, carrying out their legitimate business.
1.7.2 The system will not be used for the investigation of specific matters by the Local Authority such as Housing and benefit fraud. When agencies with prosecution powers such as Customs and Excise, Health and Safety Executive, Environment Agency etc. request evidential material it will be provided upon the approval of the Chief Executive.
1.8 This Code of Practice has been agreed in consultation with Safer Communities Partnership and the Police and has been prepared for the guidance of all users of the system, including the management and staff of North East Lincolnshire Council, Humberside Police and any other persons or bodies who are involved in the system. The Council is committed to comply with all aspects of the CCTV Code of Practice.
2.0 General Principles
2.1 The system will be operated fairly, within the law, and only for the purposes for which it was established or which are subsequently agreed in accordance with this Code of Practice.
2.2 The system will be operated with due regard to the principle that everyone has the right to respect for his or her private and family life and their homes in accordance with the provisions of the Human Rights Act, 1998.
2.3 The public interest in the operation of the system will be recognised by ensuring the security and integrity of operational procedures.
2.4 Throughout this Code of Practice it is intended, as far as reasonably possible; to offer a balance between the objectives of the CCTV system and the need to safeguard the individual’s right to privacy. Throughout the Code every effort has been made to indicate that a formal structure has been put in place, (including a complaints procedure) by which it should be identified that the system is not only accountable, but is seen to be accountable.
2.5 Participation in the system by any local organisation, individual or authority assumes an agreement by all such participants to comply fully with this Code and to be accountable under the Code of Practice.
3.0 Purpose of the Scheme
3.1 A reduction in the fear of crime and reassurance of the public.
3.2 To help secure a safer environment for those people who live, work and visit the area.
3.3 The detection, deterrence and prevention of crime, such as:
3.3.1 providing assistance in the prevention of crime;
3.3.2 deterring and detecting crime;
3.3.3 helping to identify, apprehend and prosecute offenders;
3.3.4 providing the Police with evidence to take criminal action in the courts;
3.3.5 the maintenance of public order;
4.0 The Key Objectives
4.1 To detect, prevent or reduce the incidence of property crime and offences against the person.
4.2 To reduce theft of vehicles and theft from vehicles both on street and in car parks.
4.3 To improve general security in retail areas, both in terms of personal security and security of buildings and premises, to make the Town Centres a more attractive area to live, shop, work or socialise in.
4.4 To improve communication and the operational response of police patrols in and around the Town Centres.
4.5 To reduce the level of street crime, vandalism and public disorder in the areas covered by the scheme.
4.6 Prevent and respond effectively to all harassment.
4.7 Reduce graffiti, vandalism and other criminal damage to improve the environment and reduce costs.
5.0 Procedures
5.1 The Code of Practice is underpinned by a set of procedures which translates the principles and purposes of the Code of Practice into operational instructions and practices known as SWP’s. These procedures will cover all operational aspects of the scheme and circulation of the SWP’s will be restricted and controlled.
6.0 Data Protection Act, 1998
6.1 The CCTV system is registered with the office of the Information Commissioner; with North East Lincolnshire Council being nominated as the data controller.
6.2 All data will be processed in accordance with the principles of the Data Protection Act, 1998 which, in summarised form, includes, but is not limited to;
6.2.1 All personal data will be obtained and processed fairly and lawfully.
6.2.2 Personal data will be held only for the purposes specified.
6.2.3 Personal data will be used only for the purposes, and disclosed only to the people, shown within these codes of practice.
6.2.4 Only personal data will be held which are adequate, relevant and not excessive in relation to the purpose for which the data is held.
6.2.5 Steps will be taken to ensure that personal data is accurate and where necessary, kept up to date.
6.2.6 Personal data will be held for no longer than is necessary.
6.2.7 Individuals will be allowed access to information held about them and, where appropriate, permitted to correct or erase it.
6.2.8 Procedures will be implemented to put in place security measures to prevent unauthorised or accidental access to, alteration, disclosure, or loss and destruction of, information.
6.2.9 Above all the system will comply with the Code of Practice issued by the Data Protection Commissioner in July, 2000.
7.0 Regulation of Investigatory Powers Act, 2000 (RIPA)
7.1 The Regulation of Investigatory Powers Act, 2000 came into force on 2nd October, 2000 to regulate the use of relevant investigatory powers in accordance with Human Rights. The Act regulates both “Directed” and “Intrusive” surveillance. This Authority is not authorised to undertake intrusive surveillance.
7.2 With regard to “Directed” surveillance, S.26 (2) defines this as a pre-planned activity which is:
7.2.1 “directed” surveillance that is undertaken in relation to a specific investigation or a specific operation which is likely to result in the obtaining of private information about a person”
7.3 The procedures set out in this Code of Practice are underpinned by the North East Lincolnshire Crime & Disorder Reduction Partnership (CDRP) Protocol (Appendix A) for the Deployment and use of Covert Surveillance Equipment. The Code of Practice also embodies the principles set out in the North East Lincolnshire Council Protocol for the use of Closed Circuit Television as appended to the Council’s “RIPA Policy Statement”.
7.4 There will be occasions when the Authority will use the CCTV system to undertake “Directed” surveillance providing the purpose of such surveillance is compatible with the provisions contained within the Act. An authorisation under RIPA will only be given if the surveillance operation is for the purpose of preventing or detecting crime or of preventing disorder.
7.5 Targeted police operations, where it is requested that the Council’s CCTV, will be used, will be authorised by the Police in writing prior to the commencement of any such operation. The police can make an application under RIPA for an authorisation for directed surveillance to be carried out by the Balfour Beatty CCTV operators on behalf of the Police. (Appendix B)However, such observations will only be undertaken for good reason, and align to the purposes and key objectives set out in this Code and in compliance with both the Human Rights Act, 1998 and the Regulation of Investigatory Powers Act, 2000.
7.5.1 Therefore any applications for pre-planned observations into a public place, shall be in accordance with the requirements set out in the CDRP protocol document and sanctioned by an authorising officer.
7.5.2 A public place for the purpose of this Code is described as ‘A place to which the public have access whether on payment or not’.
7.5.3 Such Police requests will also be reviewed, prior to commencement, by the, Executive Director of Regeneration or nominated Officer (in consultation with the Director of Law and Democratic Services, where necessary) who will confirm in writing their permission for the Council’s CCTV operators to carry out “Directed” surveillance on behalf of the Police (Appendix C) The Executive Director of Regeneration or nominated Officer will consult with the Director of Law and Democratic Services, where there appears to be any doubt that the authorisation satisfies these requirements.