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Our CCTV code of practice is in partnership with Hampshire Constabulary and New Forest Community Safety Partnership.
A Closed Circuit Television (CCTV) System has been introduced to Lymington, Totton and Ringwood. This System, known as the New Forest District Council CCTV System, comprises a number of cameras installed at strategic locations. Some of the cameras are fully operational with pan, tilt and zoom facilities. Secondary monitoring facilities are located at the Police Control Centre Netley, Southampton but there are no recording facilities at any location other than the CCTV Monitoring Room.
The New Forest District Council CCTV System (CCTV System) has evolved from the formation of a partnership between the New Forest District Council, Hampshire Constabulary and the New Forest Community Safety Partnership who have all certified on the previous form their acceptance of the requirements of this code.
For the purposes of this document, the System Owner is the New Forest District Council.
For the purposes of the Data Protection Act, the Data Controller is the New Forest District Council and Hampshire Constabulary. The System Manager is the Licensing and CCTV Manager, New Forest District Council. The New Forest District Council CCTV System has been notified to the information Commissioner.
Details of key personnel, their responsibilities and contact points are shown at Appendix A to this Code.
1.2 Partnership statement in respect of The Human Rights Act 1998
1.2.1 The Partnership recognises that public authorities and those organisations carrying out the functions of a public service nature are required to observe the obligations imposed by the Human Rights Act 1998, and consider that the use of CCTV in Lymington, Totton and Ringwood is a necessary, proportionate and suitable tool to help reduce crime, reduce the fear of crime and improve public safety.
1.2.2 This assessment is evidenced by an agreed Operational Requirement document. Section 163 of the Criminal Justice and Public Order Act 1994 creates the power for local authorities to provide closed circuit television coverage of any land within their area for the purposes of crime prevention or victim welfare and it is also considered a necessary initiative by the New Forest Community Safety Partnership towards their duty under the Crime and Disorder Act 1998.
1.2.3 It is recognised that operation of the New Forest District Council CCTV System may be considered to infringe on the privacy of individuals. The partnership recognise that it is their responsibility to ensure that the scheme should always comply with all relevant legislation, to ensure its legality and legitimacy. The scheme will only be used as a proportional response to identify problems and be used only in so far as it is necessary in a democratic society, in the interests of national security, public safety, the economic well being of the area, for the prevention and detection of crime or disorder, for the protection of health and morals, or for the protection of the rights and freedoms of others.
1.2.4 The Code of Practice and observance of the Operational Procedures contained in the manual shall ensure that evidence is secured, retained and made available as required by law to ensure entitlement to a fair trial.
1.2.5 The New Forest District Council CCTV System shall be operated with respect for all individuals, recognising the right to be free from inhuman or degrading treatment and avoiding discrimination in relation to the rights set out in the Act on any grounds such as, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
1.3 Objectives of the System
1.3.1 The objectives of the New Forest District Council CCTV System as determined by the New Forest Community Safety Partnership which form the lawful basis for the processing of data are:- To help reduce the fear of crime.
To help deter crime.
To help detect crime and provide evidential material for court proceedings.
To assist in the overall management of Lymington, Totton and Ringwood.
To enhance community safety, assist in developing the economic well being of the New Forest area and encourage greater use of the Town Centres, shops, car parks, community and Tourist facilities.
To assist the Local Authority in its enforcement and regulatory functions within Lymington, Totton and Ringwood.
To assist in Traffic Management.
To assist in supporting civil proceedings which will help detect crime.
To reduce incidents of public disorder and anti-social behaviour. 1.3.2 Within this broad outline, the Divisional Commander for the New Forest, in partnership with the Chief Executive of the New Forest District Council, has drawn up, and published specific key objectives (which will be reviewed annually) based on local concerns.
1.4 Procedural Manual
This Code of Practice (hereafter referred to as 'the Code') is supplemented by a separate Procedural Manual which offers instructions on all aspects of the day-to-day operation of the System. To ensure the purpose and principles (see Section 2) of the CCTV System are realised, the Procedural Manual is based, and expands upon, the contents of this Code.
The purpose of this document is to state the intention of the owners and the managers, on behalf of the partnership as a whole and as far as is reasonably practicable, to support the objectives of New Forest District Council CCTV System, (hereafter referred to as 'the System') and to outline how it is intended to do so.
2.1.1 The purpose of the System, and the process adopted in determining the reasons for implementing the System are as previously defined in order to achieve the objectives detailed within Section 1.
2.2 General Principles of Operation
2.2.1 The System will be operated in accordance with all the requirements and the principles of the Human Rights Act 1998.
2.2.2 The operation of the System will also recognise the need for formal authorisation of any covert directed surveillance or crime trend 'hotspot' surveillance as required by the Regulation of Investigatory Powers Act 2000 and the police force policy.
2.2.3 The System will be operated in accordance with the Data Protection Act at all times
2.2.4 The System will be operated fairly, within the law, and only for the purposes for which it was established and are identified within this Code, or which are subsequently agreed in accordance with this Code.
2.2.5 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 home under the Human Rights Act.
2.2.6 The public interest in the operation of the System will be recognised by ensuring the security and integrity of operational procedures.
2.2.7 Throughout this Code it is intended, as far as reasonably possible, to balance the objectives of the System with the need to safeguard the individual's rights. Every effort has been made throughout the Code to indicate that a formal structure has been put in place, including a complaints procedure, by which it can be identified that the System is not only accountable, but is seen to be accountable.
2.2.8 Participation in the System by any 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.
Copyright and ownership of all material recorded by virtue of the System will remain with the Data Controller.
2.4 Cameras and Area Coverage
2.4.1 The areas covered by CCTV to which this Code refers are the public areas within the responsibility of the operating partners and cover Lymington, Totton and Ringwood.
2.4.2 From time to time transportable or mobile cameras may be temporarily sited within the area. The use of such cameras, and the data produced by virtue of their use, will always accord with the objectives of the System and be governed by these Codes and Procedures.
2.4.3 All of the cameras offer full colour, pan tilt and zoom (PTZ) capability, some of which may automatically switch to monochrome in low light conditions.
2.4.4 None of the cameras forming part of the System will be installed in a covert manner. Some cameras may be enclosed within 'all-weather domes' for aesthetic or operational reasons but the presence of cameras will be identified by appropriate signs.
2.4.5 A map showing the number and location of all fixed cameras is attached at Appendix H to this Code.
2.5 Monitoring and Recording Facilities
2.5.1 A staffed Monitoring Room is located at Appletree Court, Lyndhurst. The CCTV equipment has the capability of recording all cameras simultaneously throughout every 24-hour period.
2.5.2 Secondary monitoring equipment will be located in police premises. No equipment, other than that housed within the main CCTV Monitoring Room shall be capable of recording images from any of the cameras.
2.5.3 CCTV operators are able to record images from selected cameras in real-time, produce hard copies of recorded images, replay or copy any pre-recorded data at their discretion and in accordance with the Code. All viewing and recording equipment shall only be operated by trained and authorised users.
2.6 Human Resources
2.6.1 Unauthorised persons will not have access without an authorised member of staff being present.
2.6.2 The Monitoring Room shall be staffed by specially selected and trained operators in accordance with the strategy contained within the Procedural Manual.
2.6.3 All operators shall receive training relevant to their role in the requirements of the Human Rights Act 1998, Data Protection Act 1998, Regulation of Investigatory Powers Act 2000 and the Code of Practice and Procedural Manual. Further training will be provided as necessary.
2.7Processing and Handling of Recorded Material
2.7.1 All recorded material, whether recorded digitally, in analogue format or as a hard copy video print, will be processed and handled strictly in accordance with this Code and the Procedural Manual.
2.8 Technical Instructions
2.8.1 Technical instructions on the use of equipment housed within the Monitoring Room are contained in a separate manual provided by the equipment suppliers.
2.9 Changes to the Code of Practice or the Procedural Manual
2.9.1 Any major changes to either the Code or the Procedural Manual, (i.e. such as will have a significant impact upon the Code or upon the operation of the System) will take place only after consultation with, and upon the agreement of all organisations with a participatory role in the operation of the System.
2.9.2 A minor change, (i.e. such as may be required for clarification and will not have such a significant impact) may be agreed between the manager and the owners of the System.
3.1 Public Concern
3.1.1 Although the majority of the public at large may have become accustomed to 'being watched', those who do express concern do so mainly over matters pertaining to the processing of the information, (or data) i.e. what happens to the material that is obtained.
Note: 'Processing' means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including;
i) organisation, adaptation or alteration of the information or data;
ii) retrieval, consultation or use of the information or data;
iii) disclosure of the information or data by transmission, dissemination or otherwise making available, or
iv) alignment, combination, blocking, erasure or destruction of the information or data.
3.1.2 All personal data obtained by virtue of the New Forest District Council CCTV System, shall be processed fairly and lawfully and, in particular, shall only be processed in the exercise of achieving the stated objectives of the System. In processing personal data there will be regard for everyone's right to respect for his or her private and family life and their home.
3.1.3 The storage and security of the data will be strictly in accordance with the requirements of the Data Protection Act 1998 and additional locally agreed procedures.
3.2 Data Protection Legislation
3.2.1 The operation of the New Forest District Council CCTV System has been notified to the Office of the Information Commissioner in accordance with current Data Protection legislation.
3.2.2 The Data Controller for the System is the New Forest District Council and Hampshire Constabulary and day-to-day responsibility for the data will be devolved to the System Manager.
3.2.3 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:
i) All personal data will be obtained and processed fairly and lawfully.
ii) Personal data will be obtained and processed only for the purposes specified.
iii) Personal data will be disclosed only to the people or organisations shown within this Code.
iv) Only personal data will be held which is adequate, relevant and not excessive in relation to the purpose for which the data is held.
v) Steps will be taken to ensure that personal data accurate and where necessary, kept up to date.
vi) Personal data will be held for no longer than is necessary.
vii) Individuals will, in most cases, be allowed access to information held about them and, where appropriate, permitted to correct or erase it.
viii) Procedures will be implemented to put in place security measures to prevent unauthorised or unlawful processing or accidental loss or destruction of information.
3.3 Request for Information (Subject Access)
3.3.1 Any request from an individual for the disclosure of personal data which he/she believes is recorded by virtue of the System will be directed in the first instance to the System Manager.
3.3.2 The principles of Sections 7 and 8, 10 and 12 of the Data Protection Act 1998 (Rights of Data Subjects and Others) shall be followed in respect of every request - those Sections are reproduced as Appendix B to this Code.
3.3.3 If the request cannot be complied with without identifying another living individual, permission from all parties must be considered (in the context of the degree of privacy they could reasonably anticipate from being in that location at that time) in accordance with the requirements of the legislation.
3.3.4 Any person making a request must be able to satisfactorily prove their identity and provide sufficient information to enable the data to be located. The appropriate 'Subject Access' request form is included in Appendix G.
3.4 Exemptions to the Provision of Information
In considering a request made under the provisions of Section 7 of the Data Protection Act 1998, consideration should be given to Section 29 of the Act which includes, but is not limited to, the following statement:
3.4.1 Personal data processed for any of the following purposes:--
i) the prevention or detection of crime
ii) the apprehension or prosecution of offenders
are exempt from the subject access provisions in any case 'to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection'.
Each and every application will be assessed on its own merits and general 'blanket exemptions' will not be applied.
3.5 Criminal Procedures and Investigations Act, 1996
The Criminal Procedures and Investigations Act, 1996 came into effect in April 1997 and introduced a statutory framework for the disclosure to defendants of material which the prosecution would not intend to use in the presentation of its own case, (known as unused material). An explanatory summary of the provisions of the Act is contained within the procedural manual, but disclosure of unused material under the provisions of this Act should not be confused with the obligations placed on the data controller by Section 7 of the Data Protection Act 1998, (known as subject access).
4.1 The Public
4.1.1 For reasons of security and confidentiality, access to the CCTV Monitoring Room is restricted in accordance with this Code. However, in the interest of openness and accountability, anyone wishing to visit the room may be permitted to do so, subject to the approval of, and after making prior arrangements with, the System Manager.
4.1.2 Cameras will not be used to look into private residential property. Where the equipment permits it, 'privacy zones' will be programmed into the System as required in order to ensure that the cameras do not survey the interior of any private residential property within range of the System. If such zones cannot be programmed the operators will be specifically trained in privacy issues. Where gardens of properties are within range of the camera and some form of privacy zone cannot be created, then consultation will take place with the owners or occupiers of those properties.
4.1.3 A member of the public wishing to register a complaint with regard to any aspect of the New Forest District Council CCTV System may do so by contacting The Complaints Officer, New Forest District Council, Appletree Court, Lyndhurst SO43 7PA. All complaints shall be dealt with in accordance with the New Forest District Council's Complaints Procedure, a copy of which may be obtained from Appletree Court, Lyndhurst or any Council Office. Any performance issues identified will be considered under the organisations disciplinary procedures to which all members of New Forest District Council including CCTV personnel are subject.
4.1.4 The System Manager will ensure that every complaint is forwarded to the Council's Complaints Officer who will process the complaint under the New Forest District Council's Complaints Procedure.
4.2 System Owner
4.2.1 The Head of Public Services, named at Appendix A, being the nominated representative of the System Owners, will have unrestricted personal access to the CCTV Monitoring Room and will be responsible for receiving regular and frequent reports from the System Manager.
4.2.2 The Crime and Disorder Scrutiny Panel has been nominated by the New Forest District Council as the committee having a specific responsibility for receiving and considering those reports.
4.3 System Manager
4.3.1 The nominated Manager named at Appendix A will have day-to-day responsibility for the System as a whole.
4.3.2 The System will be subject to annual audit by the Audit Manager, (or nominated deputy whose organisational level of responsibility is at least equal to that of the System Manager, but who is not the System Manager).
4.4 Public Information
4.4.1 Code of Practice
A copy of this Code shall be published on New Forest District Council's web site, and a copy will be made available to anyone on request. Additional copies will be lodged at public libraries, Lymington, Totton and Ringwood Police Stations and New Forest District Council Information Offices.
4.4.2 Annual Report
The annual report will be published, and a copy of the annual report will also be made available to anyone requesting it.
Signs (as shown below) will be placed in the locality of the cameras and at main entrance points to the relevant areas. The signs will indicate:
i) The presence of CCTV monitoring.
ii) The ownership of the System.
iii) Contact telephone number of the Data Controller of the System.
Assessment of the System and Code of Practice
5.1.1 The New Forest District Council CCTV Scheme will periodically be evaluated to establish whether the purposes of the System are being complied with and whether objectives are being achieved. The format of the evaluation shall comply with that laid down by the Home Office Statistics and Research Directorate in the Home Office Bidding Guidelines and be based on assessment of The Inputs, The Outputs, The Process and the Impact of the scheme.
i) An assessment of the impact upon crime: This assessment shall include not only the immediate area covered by the cameras but the wider town area, the Police Divisional and regional areas and national trends.
ii) An assessment of the incidents monitored by the System.
iii) An assessment of the impact on town centre business.
iv) An assessment of neighbouring areas without CCTV.
v) The views and opinions of the public.
vi) The operation of the Code of Practice.
vii) Whether the purposes for which the System was established are still relevant.
viii) Cost effectiveness.
5.1.2 The results of the evaluation will be published and will be used to review and develop any alterations to the specified purpose and objectives of the scheme as well as the functioning, management and operation of the System.
5.1.3 It is intended that evaluations should take place at least every two years.
5.2.1 The System Manager will accept day-to-day responsibility for the monitoring, operation and evaluation of the System and the implementation of this Code.
5.3.1 The Audit Manager, or his/her nominated deputy, who is not the System manager, will be responsible for regularly auditing the operation of the System and the compliance with this Code of Practice. Audits, which may be in the form of irregular spot checks, will include examination of the Monitoring Room records, video archives and records and the content of recorded material.
5.4.1 A body of individuals who have no direct contact or relationship with the operation of the System will be appointed to be responsible for inspecting the operation of the System.
5.4.2 Inspections will take place at least three times per calendar year by no more than two people at any one time. The Inspectors will be permitted access to the CCTV Monitoring Room, without prior notice and to the records held therein at any time, provided their presence does not disrupt the operational functioning of the room. Their findings will be reported to the Auditor and their visit recorded in the CCTV Monitoring Room.
5.4.3 Inspectors will be required to sign a declaration of confidentiality (see Appendix F).
6.1 Staffing of the Monitoring Room and those responsible for the operation of the New Forest District Council CCTV System.6.1.1 The CCTV Monitoring Room will be staffed in accordance with the Procedural Manual. Equipment associated with the System will only be operated by authorised personnel who will have been properly trained in its use and all Monitoring Room procedures.
6.1.2 Every person involved in the management and operation of the System will be personally issued with a copy of both the Code of Practice and the Procedural Manual. Every person will be required to sign a confirmation that they fully understand the obligations that these documents place upon them and that any breach will be considered as a disciplinary offence. They will be fully conversant with the contents of both documents, which may be updated from time to time, and which he/she will be expected to comply with as far as is reasonably practicable at all times.
6.1.3 Arrangement may be made for a police liaison officer to be present in the Monitoring Room at certain times, or indeed at all times, subject to locally agreed protocols. Any such person must also be conversant with this Code of Practice and associated Procedural Manual.
6.1.4 All personnel involved with the System shall receive training from time to time in respect of all legislation appropriate to their role.
6.2.1 The System Manager will accept primary responsibility for ensuring there is no breach of security and that the Code is complied with. He/she has day-to-day responsibility for the management of the room and for enforcing the discipline rules. Non-compliance with this Code by any person will be considered a breach of discipline and dealt with in accordance with the relevant organisation's discipline code including, if appropriate, the instigation of criminal proceedings.
6.3 Declaration of Confidentiality
Every individual with any responsibility under the terms of this Code and who has any involvement with the System to which they refer, will be required to sign a declaration of confidentiality. (See example at Appendix E, see also Section 8 concerning access to the Monitoring Room by others).
Control and Operation of Cameras
7.1 Guiding Principles
7.1.1 Any person operating the cameras will act with utmost probity at all times.
7.1.2 The cameras, control equipment, recording and reviewing equipment shall at all times only be operated by persons who have been trained in their use and the legislative implications of their use.
7.1.3 Every use of the cameras will accord with the purposes and key objectives of the System and shall be in compliance with this Code.
7.1.4 Cameras will not be used to look into private residential property or their gardens. Privacy zones shall be programmed into the System (whenever practically possible) in order to ensure that the cameras do not survey the interior of any private residential property within range of the System.
7.2 Primary Control
7.2.1 Only those trained and authorised members of staff with responsibility for using the CCTV equipment will have access to the operating controls, those operators have primacy of control at all times.
7.3 Secondary Monitoring
7.3.1 Secondary monitoring facilities are provided at Hampshire Constabulary Control Centre, Netley, Southampton and shall be conducted in accordance with the Procedural Manual.
7.4 Operation of the System by the Police
7.4.1 In the event of a request being permitted, the Monitoring Room will continue to be staffed, and equipment operated by, only those personnel who are authorised to do so, and who fall within the terms of Sections 6 and 7 of this Code, who will then operate under the direction of the police officer designated in the written authority.
7.5 Maintenance of the System
7.5.1 To ensure compliance with the Information Commissioners Code of Practice and that images recorded continue to be of appropriate evidential quality the New Forest District Council CCTV System shall be maintained in accordance with the requirements of the Procedural Manual under a maintenance agreement.
7.5.2 The maintenance agreement will make provision for regular/periodic service checks on the equipment which will include cleaning of any all weather domes or housings, checks on the functioning of the equipment, and any minor adjustments that need to be made to the equipment settings to maintain picture quality.
7.5.3 The maintenance will also include regular periodic overhaul of all the equipment and replacement of equipment which is reaching the end of its serviceable life.
7.5.4 The maintenance agreement will also provide for 'emergency' attendance by a specialist CCTV engineer on site to rectify any loss or severe degradation of image or camera control.
7.5.5 The maintenance agreement will define the maximum periods of time permitted for attendance by the engineer and for rectification of the problem depending upon the severity of the event and the operational requirements of that element of the System.
7.5.6 It is the responsibility of the System Manager to ensure appropriate records are maintained in respect of the functioning of the cameras and the response of the maintenance organisation.
Access to, and Security of, Monitoring Room and Associated Equipment
8.1 Public Access
8.1.1 Public access to the monitoring and recording facility will be prohibited except for lawful, proper and sufficient reasons and only then with the personal authority of the System Manager. Any such visits will be conducted and recorded in accordance with the Procedural Manual.
8.2 Authorised Visits
8.2.1 Visits by independent inspectors or auditors do not fall into the scope of the above paragraph and may take place at any time, without prior warning. No more than two inspectors or auditors will visit at any one time. Inspectors or Auditors will not influence the operation of any part of the System during their visit. The visit will be suspended in the event of it being operationally inconvenient. Any such visit should be recorded in the same way as that described above.
8.3 Declaration of Confidentiality
8.3.1 Regardless of their status, all visitors to the CCTV Monitoring Room, including inspectors and auditors, will be required to sign the Visitors Book and a declaration of confidentiality.
Note: Each page of the Visitor Book includes a declaration of confidentiality as a constant reminder of their obligations, as follows:-
'In signing this visitors book all visitors to The New Forest District Council CCTV System Monitoring Room acknowledge that they agree not to divulge any information obtained, overheard or overseen during their visit or personal details of the operators of the System.'
A notice will be display at the entrance to the room advising visitors that they are entering a restricted area, and entry is dependant upon acceptance of the need for confidentiality. A typical notice is included in Appendix D.
8.4.1 Authorised personnel will normally be present at all times when the equipment is in use. If the monitoring facility is to be left unattended for any reason it will be secured. In the event of the Monitoring Room having to be evacuated for safety or security reasons, the provisions of the Procedural Manual will be complied with.
8.4.2 The Monitoring Room will at all times be secured by 'Magnetic-Locks' operated by the CCTV operator, 'digi-Locks' requiring an alpha numeric code for entrance or other equally secure means.
Note: A fixed view camera is located external to the Monitoring Room to enable the operator to view visitors before granting entry.
Management of Recorded Material
9.1 Guiding Principles
9.1.1 For the purposes of this Code 'recorded material' means any material recorded by, or as the result of, technical equipment which forms part of the New Forest District Council CCTV System, but specifically includes images recorded digitally, or on videotape or by way of video copying, including video prints.
9.1.2 Every video or digital recording obtained has the potential of containing material that has to be admitted in evidence at some point during its life span.
9.1.3 Members of the community must have total confidence that information recorded about their ordinary every day activities by virtue of, will be treated with due regard to their individual right to respect for their private and family life.
9.1.4 It is therefore of the utmost importance that irrespective of the means or format (e.g. paper copy, video tape, digital tape, CD, or any form of electronic processing and storage) of the images obtained from the System, they are treated strictly in accordance with this Code and the Procedural Manual from the moment they are received by the Monitoring Room until final destruction. Every movement and usage will be meticulously recorded.
9.1.5 Access to and the use of recorded material will be strictly for the purposes defined in this Code only.
9.1.6 Recorded material will not be copied, sold, otherwise released or used for commercial purposes or for the provision of entertainment.
9.2 National standard for the release of data to a third party
9.2.1 Every request for the release of personal data generated by this CCTV System will be channelled through the System Manager. The System Manager will ensure the principles contained within Appendix C to this Code are followed at all times.
9.2.2 In complying with the 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:
- Recorded material shall be processed lawfully and fairly, and used only for the purposes defined in this Code.
- Access to recorded material will only take place in accordance with the standards outlined in appendix C and this Code.
- The release or disclosure of data for commercial or entertainment purposes is specifically prohibited.
9.2.3 Members of the police service or other agency having a statutory authority to investigate and/or prosecute offences may, subject to compliance with appendix C, release details of recorded information to the media only in an effort to identify alleged offenders or potential witnesses. Under such circumstances, full details will be recorded in accordance with the Procedural Manual.
Note Release to the media of recorded information, in whatever format, which may be part of a current investigation would be covered by the Police and Criminal Evidence Act, 1984. Any such disclosure should only be made after due consideration of the likely impact on a criminal trial. Full details of any media coverage must be recorded and brought to the attention of both the prosecutor and the defence.
9.2.4 If material is to be shown to witnesses, including police officers, for the purpose of obtaining identification evidence, it must be shown in accordance with Appendix C and the Procedural Manual.
9.2.5 It may be beneficial to make use of 'real' video footage for the training and education of those involved in the operation and management of CCTV systems, and for those involved in the investigation, prevention and detection of crime. Any material recorded by virtue of this CCTV system will only be used for such bona fide training and education purposes. Recorded material will not be released for commercial or entertainment purposes.
9.3 Recording Media- Provision & Quality
9.3.1 To ensure the quality of the video images, recorded information will meet the criteria outlined by current Home Office guidelines, the only recording media to be used with the System are those which have been specifically provided in accordance with the Procedural Manual.
9.4 Recorded Images - Retention
9.4.1 Recorded images will be retained for a period of 28 days, after which they will be automatically overwritten
9.4.2 Recording media will be used and stored in accordance with the Procedural Manual. At the conclusion of their use within the CCTV System they will be destroyed and the destruction certified.
9.5 Recording Media Register
9.5.1 Each tape, CD or DVD will have a unique tracking record maintained in accordance with the Procedural Manual, which will be retained for at least three years, after the media has been destroyed. The tracking record shall identify every use, and person who has viewed or had access to the media since the initial breaking of the seal to the destruction of the media.
9.6 Recording Policy
9.6.1 Subject to the equipment functioning correctly, images from every camera will be recorded throughout every 24-hour period at the rate of 2 images per second such that the time between successive frames once played back in time lapse mode shall not exceed 1 second.
9.6.2 Images from selected cameras will be recorded at the rate of 25 images per second (real time) at the discretion of the CCTV operators or as directed by the System Manager.
9.7 Evidential Images
9.7.1 In the event of images being required for evidential purposes the procedures outlined in the Procedural Manual will be strictly complied with.
10.1 Guiding Principles
10.1.1 A video print is a copy of an image or images which already exist on video tape/computer disc. Such prints are equally within the definitions of 'data' and recorded material
10.1.2 Video prints will not be taken as a matter of routine. Each time a print is made it must be capable of justification by the originator who will be responsible for recording the full circumstances under which the print is taken in accordance with the Procedural Manual.
10.1.3 Video prints contain data and will therefore only be released under the terms of Appendix C to this Code, 'Release of data to third parties'. If prints are released to the media, (in compliance with Appendix C), in an effort to identify alleged offenders or potential witnesses, full details will be recorded in accordance with the Procedural Manual.
10.1.4 A record will be maintained of all video print productions in accordance with the Procedural Manual. The recorded details will include: a sequential number, the date, time and location of the incident, date and time of the production of the print and the identity of the person requesting the print, (if relevant) and the purpose for which the print was taken.
10.1.5 The records of the video prints taken will be subject to audit in common with all other records in the System.
Appendix A, Key Personnel and Responsibilities
Layout Table 1. System Owners Head Of Public Services
New Forest District Council
Tel: 023 8028 5956
Fax: 023 8028 5943
Responsibilities: The New Forest District Council is the owner of the System. The Head of Public Services will be the single point of reference on behalf of the owners. His role will include a responsibility to: i) Ensure the provision and maintenance of all equipment forming part of the New Forest District Council CCTV System in accordance with contractual arrangements which the owners may from time to time enter into. ii) Maintain close liaison with the System Manager iii) Ensure the interests of the owner and other organisations are upheld in accordance with the terms of this Code iv) Agree to any proposed alterations and additions to the System, the Code of Practice and/or the Procedural Manual 2. System Manager
The Licensing and CCTV Manager
New Forest District Council,
The Town Hall
Tel: 023 8028 5214
The Licensing and CCTV Manager is the System Manager of the New Forest District Council CCTV System.
He has delegated authority for data control on behalf of the Data Controller
His role includes responsibility to: i) Maintain day-to-day management of the System and staff ii) Accept overall responsibility for the operation and maintenance of the System and for ensuring that this Code of Practice is complied with iii) Maintain direct liaison with the Data Controller iv) Maintain direct liaison with operating partners v) Consider requests for the release of data to third parties and subject access release
(1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled:
(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller.
(b) If that is the case, to be given by the data controller a description of :-
(i) the personal data of which that individual is the data subject;
(ii) the purpose for which they are being or are to be processed;
(iii) the recipients or classes of recipients to whom they are or may be disclosed,
(c) to have communicated to him/her in an intelligible form:
(i) the information constituting any personal data of which that individual is the data subject;
(ii) any information available to the data controller as the source of those data;
(d) where the processing by automatic means of personal data of which that individual is the data subject for the purposes of evaluating matters relating to him/her such as, for example, his/her performance at work, his/her creditworthiness, his/her reliability or his/her conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him/her, to be informed by the data controller of the logic involved in that decision-taking
(2) A data controller is not obliged to supply any information under subsection (1) unless he/she has received:
(a) a request in writing, and
(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he/she may require.
(3) A data controller is not obliged to comply with a request under this section unless he/she is supplied with such information as he/she may reasonably require in order to satisfy him/herself as to the identity of the person making the request and to locate the information which that person seeks.
(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he/she is not obliged to comply with the request unless:
(a) the other individual has consented to the disclosure of the information to the person making the request, or
(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
(5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing the data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by omission of names or other identifying particulars or otherwise.
(6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to:
(a) any duty of confidentiality owed to the other individual,
(b) any steps taken by the data controller with a view to seeking the consent of the other individual,
(c) whether the other individual is capable of giving consent, and
(d) any express refusal of consent by the other individual.
(7) An individual making a request under this section may, in such cases as may be prescribed, specify that his/her request is limited to personal data of any prescribed description.
(8) Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.
(9) If a court is satisfied on the application of any person who has made a request under the forgoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him/her to comply with the request.
(10) In this section:
'prescribed' means prescribed by the Secretary of State by regulations;
'the prescribed maximum' means such amount as may be prescribed;
'the prescribed period' means forty days or such other period as may be prescribed;
'the relevant day', in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).
(11) Different amounts or periods may be prescribed under this section in relation to different cases.
(1) The Secretary of State may by regulations provide that, in such cases as may be prescribed, a request for information under any provision of subsection (1) of section 7 is to be treated as extending also to information under other provisions of that subsection.
(2) The obligation imposed by section 7(1)(c)(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless:
(a) the supply of such a copy is not possible or would involve disproportionate effort, or
(b) the data subject agrees otherwise;
(c) and where any of the information referred to in section 7(1)(c)(i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.
(3) Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.
(4) In determining for the purposes of subsection (3) whether requests under section 7 are made at reasonable intervals, regard shall be had to the nature of the data, the purpose for which the data are processed and the frequency with which the data are altered.
(5) Section 7(1)(d) is not to be regarded as requiring the provision of information as to the logic involved in decision-taking if, and to the extent that, the information constitutes a trade secret.
(6) The information to be supplied pursuant to request under section 7 must be supplied by reference to the data in question at the time when the request is received, except that it may take account of any amendment or deletion made between that time and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request.
(7) For the purposes of section 7(4) and (5) another individual can be identified from the information being disclosed if he/she can be identified from that information, or from that and any other information which, in the reasonable belief of the data controller, is likely to be in, or to come into, the possession of the data subject making the request.
Appendix C, National Standard for the release of data to third parties
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.
(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.
(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.
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.
Appendix D, Restricted Access Notice
RESTRICTED ACCESS AREA
Everyone, regardless of status, entering this area is required to complete an entry in the Visitors book.
Visitors are advised to note the following confidentiality clause and entry is conditional on acceptance of that clause:
'In being permitted entry to this area you acknowledge that the precise location of the CCTV Monitoring Room is, and should remain, confidential. You agree not to divulge any information obtained, overheard or overseen during your visit. An entry accompanied by your signature in the Visitors book is your acceptance of these terms'.
Appendix E, Declaration of Confidentiality
THE NEW FOREST DISTRICT COUNCIL CCTV SYSTEM
I, ............................................, am employed by New Forest District Council to perform the duty of CCTV Operator. I have received a copy of the Code of Practice in respect of the operation and management of that CCTV System.
I hereby declare that:
I am fully conversant with the content of that Code of Practice and understand that all duties which I undertake in connection with the New Forest District Council CCTV System must not contravene any part of the current Code of Practice, or any future amendments of which I am made aware. If now, or in the future, I am or become unclear of any aspect of the operation of the System or the content of the Code of Practice, I undertake to seek clarification of any such uncertainties.
I understand that it is a condition of my employment that I do not disclose or divulge to any individual, firm, company, authority, agency or other organisation, any information which I may have acquired in the course of, or for the purposes of, my position in connection with the CCTV System, verbally, in writing or by any other media, now or in the future, (including such time as I may no longer be employed in connection with the CCTV System).
In signing this declaration, I agree to abide by the Code of Practice at all times. I also understand and agree to maintain confidentiality in respect of all information gained during the course of my duties, whether received verbally, in writing or any other media format - now or in the future.
I further acknowledge that I have been informed and clearly understand that the communication, either verbally or in writing, to any unauthorised person(s) of any information acquired as a result of my employment with New Forest District Council may be in breach of discipline procedures and a criminal offence
Signed: ............................................ Print Name: ............................................
Witness: ............................................ Position: ............................................
Dated this ............................ (day) of ............................ (month) ...... (year)
Appendix F, Inspector's Declaration of Confidentiality
THE NEW FOREST DISTRICT COUNCIL CCTV SYSTEM
I, ........................................... am a voluntary inspector of the New Forest District Council CCTV System with a responsibility to monitor the operation of the System and adherence to the Code of Practice. I have received a copy of the Code of Practice in respect of the operation and management of that CCTV System.
I hereby declare that:
I am fully conversant with my voluntary duties and the content of the Code of Practice. I undertake to inform the System Manager of any apparent contraventions of the Code of Practice that I may note during the course of my visits to the monitoring facility.
If now, or in the future I am, or I become unclear of any aspect of the operation of the System or the content of the Code of Practice, I undertake to seek clarification of any such uncertainties.
I understand that it is a condition of my voluntary duties that I do not disclose or divulge to any firm, company, authority, agency, other organisation or any individual, any information which I may have acquired in the course of, or for the purposes of, my position in connection with the CCTV System, verbally, in writing or by any other media, now or in the future, (including such time as I may no longer be performing the role of inspector).
In signing to this declaration, I agree to abide by the Code of Practice at all times. I also understand and agree to maintain confidentiality in respect of all information gained during the course of my voluntary duties, whether received verbally, in writing or any other media format - now or in the future.
Signed: ........................................... Print Name: ...........................................
CCTV camera locations
Appendix H(1), Lymington
Lymington and Pennington locations
CAMERA LOCATION / ADDRESS SCREEN NAME L1 Junction of Stanford Road, Southampton Road and Queen Street, on traffic island Queen Street L2 Junction of Stanford Road, Priestlands Place and Highfield, on traffic island Stanford Hill L3 Junction of St.Thomas Street, Queen Street and Belmore Lane on traffic island Priestlands Place L4 Outside 40 St. Thomas Street . St Thomas Street L5 Junction of St. Thomas Street and Church Lane, outside St. Thomas Church Church Lane L6 Outside 73 High Street High Street L7 Junction of High Street and New Street, outside 91 High Street. New Street L8 Outside 100 High Street (opposite bus station) Bus Station L9 Outside 18 High Street Stanwell Hill L10 Outside 7 Quay Street / Solent House, Quay Hill Quay Hill L11 Town Quay Town Quay L12 Grove Gardens Grove Gardens L13 Angel Court / Cannon Street car park Cannon St Car Park L14 Roundabout Gosport Street and Bridge Road Gosport Street L15 St Thomas Street car park St Thomas Street Car Park L16 Pennington Square Pennington Square L17 Milford Road junction with South Street and Fox Pond Lane Fox Pond Lane
Appendix H(2), Ringwood
CAMERA LOCATION / ADDRESS SCREEN NAME R1 Stallards Lane/The Furlong on traffic island between the two long stay car parks Stallards Lane Car Park R2 Junction of Christchurch Road, Southampton Road and High Street Friday's Cross R3 Junction of Mansfield Road and Southampton Road Southampton Road R4 Junction of Mansfield Road and Meeting House Lane Mansfield Road R5 Junction of Meeting House Lane and Pedlar's Walk, outside Meeting House Meeting House R6 Outside 15 The Furlong (Shopping Centre) Furlong Centre R7 Above 3 Market Place Market Place R8 Above 27 High Street, junction with Kings Arm's Lane High Street R9 B3347 Roundabout, north side of junction of The Furlong and Mansfield Road Town Roundabout R10 Roundabout of Stallards Lane and The Furlong The Furlong R11 Furlong Car Park entrance and exit point Furlong Car Park R12 Carvers Recreation ground Carvers Rec
CAMERA LOCATION / ADDRESS CAMERA NAME T1 Junction of Rumbridge Street and Winsor Road, outside 39 Rumbridge Street Rumbridge Street T2 Junction of High Street and Junction Road, outside DSS Offices Batts Corner T3 Winsor Road car park Winsor Road Car Park T4 Outside 62-69 Commercial Road, Totton Retail Park, adjacent to Bus Stop Retail Park T5 Junction of Commercial Road and Testwood Lane adjacent to Bus Stop Commercial Road T6 Outside 20 Commercial Road, opposite Totton Precinct Opp-Precinct T7 On roundabout at junction of Commercial Road, Salisbury Road and Ringwood Road Centre Roundabout T8 Market Car Park, Salisbury Road, adjacent to War Memorial Market Car Park T9 Rumbridge Street Car Park, junction of Rumbridge Street and A35 Rumbridge Car Park T10 Junction of Water Lane and Salisbury Road on traffic island Water Lane T11 Westfield Road Car Park, rear of Salisbury Road Arcade Westfield Road Car Park T12 Library Road, opposite pedestrian entrance to Totton Precinct Library Road
CAMERA LOCATION / ADDRESS SCREEN NAME LY1 Lyndhurst Car Park Lyndhurst Car Park
New Milton and Ashley Camera Locations
CAMERA LOCATION / ADDRESS SCREEN NAME N1 Recreation Ground, Whitefield Road The Rec. N2 Junction A3058 Station Road, and Old Milton Road Station Road N3 Junction A3058 Station Road and Osborne Road Osborne Road N4 Junction of Ashley Common Road, Ashley Road, Lower Ashley Road and Ashley Lane. Ashley Cross Road N5 Junction B3058 Station Road, and Elm Avenue. Elm Avenue N6 Junction of Old Milton Road, Gore Road, and Whitefield Road Gore Road N7 Junction of A337 Lymington Road, and Old Milton Road on traffic island Old Milton Green
Hythe, Dibden Purlieu and Netley View Camera Locations
CAMERA LOCATION / ADDRESS SCREEN NAME H1 Junction of Prospect Place and High Street, near Hythe Ferry Terminal Prospect Place H2 Junction of The Marsh and St. John's Street, outside 21 The Marsh. The Marsh H3 The Promenade, opposite Admiral's Way Promenade H4 Pylewell Road precinct, outside Hythe Library Pylewell Road H5 Junction of Beaulieu Road and North Road. Beaulieu Road H6 Junction of Beaulieu Road and Fairview Drive, on grassed area of Fairview Parade. Fairview Parade H7 Skateboard Park, between Elm Crescent, Netley View and A326 Skate Park Netley View
Advice and Guidance for Control Room Staff and Police Officers in respect of CCTV and the Regulation of Investigatory Powers Act 2000.
The Regulation of Investigatory Powers Act 2000 came into force on 2nd October 2000. It relates to surveillance by the Police and other agencies and deals in part with the use of directed covert surveillance. Section 26 of this act sets out what is Directed Surveillance. It defines this type of surveillance as:-
Subject to subsection (6), surveillance is directed for the purposes of this Part if it is covert but not intrusive and is undertaken-
(a) for the purposes of a specific investigation or a specific operation;
(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and
(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.
There might be cause to monitor for some time, a person or premises using CCTV. In most cases this will be an immediate response to events or circumstances and would not require authorisation unless it were to continue for some hours rather than minutes.
In cases where a pre-planned incident or operation wishes to make use of CCTV for monitoring a specific investigation or operation, an authority will almost certainly be required, including, if applicable, slow time requests.
The forms must indicate the reason and should fall within one of the categories of Section 28 (3) as follows:-
An authorisation is required on grounds falling within this subsection if it is necessary-
(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing disorder;
(c) in the interests of the economic well-being of the United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or
(g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
In cases where there is doubt as to whether authorisation is required or not, it may be prudent to obtain the necessary authority. Any authority given must be recorded
Forms should be available at any CCTV Monitoring Room and are included in the Procedure Manual and available from the CCTV User Group website.
An example of a request requiring authorisation might be where a car is found in a car park late at night and known to belong to drug dealers. The officers might task CCTV to watch the vehicle over a period of time to note who goes to and from the vehicle.
Where officers wish to have a shop monitored from the outside, which is suspected of dealing in stolen goods over a period of days.
Where officers come across a local drug dealer sitting in the town centre/street and wish to have the cameras monitor them, so as not to divulge the observation taking place.