Version 1 – February 2014
CCTV & ANPR Privacy Impact Assessment
Name of officer
responsible for the
system
Service Area
Communities
Group
Traffic and Road Safety
Location of system
Civil Enforcement Officers through NSL.
Name of person
carrying out the
assessment
Position
Contracts Manger Parking Enforcement
Assessment Date
15th April 2015
Review Date
15th April 2016
Description of the CCTV or ANPR system
Include here roughly where the cameras & capturing devices are to be located, how
they will work, where the main system is intended to be stored, what times the
system will be active (e.g. 24hr or specific time periods), etc.
The cameras are body worn cameras and will be worn by the Civil Enforcement
Officers employed by NSL to enforce Parking Restrictions on Warwickshire County
Councils behalf. The NSL Edesix system is a body worn portable hard drive
recording system which provides an audio and visual record of enforcement activities
undertaken by the wearer. Sound and images are recorded on a tamper proof and
encrypted storage device which provides court standard evidence. The Edesix
system electronically watermarks recordings and has in-built processes to prevent or
detect unauthorised access to or deletion of recordings. Obtained and retained data
is stored on secure data storage systems in line with a comprehensive Protocol
which includes a Framework code of practice for the sharing, disclosure or viewing of
obtained or retained Edesix system data as agreed in August 2014
The cameras are activated when the wearer presses the activate button and
recording begins. The data captured is both sound and video. All data captured is
kept for 30 days and then deleted on an automatic deletion program. NSL have
agreed that usage will be restricted to the following statement criteria. The Civil
Enforcement Officer believes or has reason to believe that a heightened risk of either
verbal or physical abuse is likely and so activates the recording device. This negates
the possibility of the camera being on continual record.
When data is captured due to the criteria stated above the images will be
downloaded to an encrypted data base for use if required. This data base will not be
generally viewed unless the evidence is required. These images as mentioned
previously will be deleted after 30 days.
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Purposes of the CCTV or ANPR system
Include here why a CCTV/ANPR system is needed, whether there is a pressing
need, what it seeks to achieve, whether there is a proper legal basis for collecting
this information, etc.
The system is needed to protect the Civil Enforcement Officer and the reputation of
the Council whilst in the execution of Parking Enforcement Activities.
It is wel established within the Parking Sector and known to the public domain that
both physical and verbal assaults occur without warning, provocation or indication to
Officers involved in the pursuit of Parking Enforcement.
Incidents of verbal abuse that also include but are not limited to terminology that
would equate to hate crime and the very serious threats to kil are captured as they
were meant to be received.
It is recognised by both NSL and Warwickshire County Council that continuously
being on the receiving side of abuse, harassment and assault has a direct effect on
the wel being and psychology of NSL’s col eagues acting on our behalf. NSL has a
zero tolerance approach towards staff abuse and being able to use this evidence in
proceedings to reach a suitable conclusion assists in the state of mind for them.
Within the scope of that deployment, it is envisaged that body worn camera systems
wil be used for the following purposes;
•
the provision of contemporaneous visual and audio recordings of enforcement
activities
•
staff safety and protection
•
continuity of evidence in the event of criminal offences
•
complaint resolution
•
col eague training and development
•
traffic signage and equipment management.
•
work to address issues associated with the transparency of enforcement
practices
Data security arrangements and protocols within the planned action wil mirror the
high standards of data security within existing enforcement activities and the NSL
ISMS policies as per ISO27001.
The legal basis for collecting the information is;
•
for the administration of justice
•
for the exercise of any functions conferred by or under any enactment;
•
for the exercise of any functions of the Crown, a Minister of the Crown or a
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government department;
Enforcement activities undertaken within the planned action comply, where
applicable, with;
•
The Data Protection Act 1998
•
The Human Rights Act 1998
•
Protection of Freedoms Act 2012 (England & Wales only)
•
The Freedom of Information Act 2000
•
The Traffic Management Act 2004
•
the Information Commissioner’s CCTV code of practice
It is not considered that the fol owing Acts or Regulations apply in relation to planned
activities;
•
The Regulation of Investigatory Powers Act 2000 (RIPA)
•
The Lawful Business Practice Regulations 2000.
•
The Privacy and Electronic Communications Regulations 2003 (PECR).
•
The Data Retention (EC Directive) Regulations 2007.
Other possible solutions
Include here what other options are available for achieving the same purposes
Within the scope of a Civil Enforcement Officers beat and patrol area it would not be
possible to rely on Central y Operated CCTV recording to achieve the same ends.
This is because the main CCTV operation does not have the capacity to either cover
al of the areas the officers cover or the capacity to record audio evidence. No other
option for the purposes outlined above is available that could achieve the desired
outcome.
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Advantages of the CCTV or ANPR system
Include here what the advantages of the CCTV/ANPR system are over the other
options listed above
As listed above,
•
the provision of contemporaneous visual and audio recordings of enforcement
activities
•
staff safety and protection
•
continuity of evidence in the event of criminal offences
•
complaint resolution
•
col eague training and development
•
traffic signage and equipment management.
•
work to address issues associated with the transparency of enforcement
practices.
Central y operated systems cannot deliver the above requirements.
Images to be captured
Explain here who wil be included in the images e.g. members of the public, staff,
etc.
•
Vehicle Registration Marks, (VRM’s).
•
Vehicle owner details
•
Vehicle driver details
•
Personal and identifying data of members of the public
Personnel with access to the system
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List al personnel who wil have authority to access the system as part of their duties,
how they are classed under the Procedural Guidance e.g. responsible officer, why
they wil have access, etc.
The Civil Enforcement Officer never personal y reviews the recorded evidence. The
evidence is downloaded to a data base managed by NSL. Evidence is only ever
recal ed to be viewed if an incident occurs requiring it or a subject access request is
received
The only people with access to the system are the NSL client account manager and
the NSL operations Manager. Access is needed if an incident occurs and evidence is
needed to be viewed.
When and how the images will be accessed
Include the circumstances in which the images wil be accessed, what images wil be
viewed, how those images wil be used, how that access wil be recorded for audit
purposes, etc.
The images would be accessed to provide evidence of one of the fol owing,
•
for the administration of justice
•
for the exercise of any functions conferred by or under any enactment;
•
for the exercise of any functions of the Crown, a Minister of the Crown or a
government department;
•
is necessary for the purpose of, or in connection with, any legal proceedings
(including prospective legal proceedings),
•
is necessary for the purpose of obtaining legal advice, or
•
is otherwise necessary for the purposes of establishing, exercising or
defending legal rights.
Access of personal data would only take place where either the data was needed by
the Police, Courts, or NSL or any other authorised authority to support a claim of
impropriety either by the data subject or an allegation of impropriety against the Civil
Enforcement Officer during the execution of his/her duties. This would include direct
contact with the investigating officer be that any of the above.
Where a member of the public has asked to view or be provided with a copy of the
footage after providing the necessary evidence that the footage applies to them;
All images from a body cam have the potential for use in court proceedings whether
they provide information that is beneficial to the prosecution or defence. The
information wil be safeguarded by an audit trail in the same way as other evidence
that is retained for court;
It must be emphasised that a body cam can col ect valuable evidence for use in
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criminal prosecutions.
Only the required segment of evidence would be viewed by date and time recorded
and this access will be registered by NSL for audit purposes.
Ways in which people are made aware of the CCTV or ANPR system
Include here details of any signage proposed, whether they are WCC approved
signs, where they are to be located, etc.
CEO wears video badge indicating that video evidence is being captured and via a
statement confirming the use of the cameras on the public Web Site.
External agencies with access to the system
Include here details of any third party organisations who provide and/or maintain the
system (or monitor the system), whether they have access to the system, what
restrictions there are placed on them accessing it, etc.
The System is managed by NSL who provide On street parking enforcement on
behalf of Warwickshire County Council. They are the only user monitoring the
system.
The restrictions for access are agreed within the privacy impact statement
agreement between NSL and WCC signed off by
NSL’s Data
protection Officer on 12th November 2014.
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Security of the system
Include details of what security measures wil be in place to protect the CCTV
images, etc.
Sound and images are recorded on a tamper proof and encrypted storage device
which provides court standard evidence. The Edesix system electronical y
watermarks recordings and has in-built processes to prevent or detect unauthorised
access to or deletion of recordings. Obtained and retained data is stored on secure
data storage systems in line with a comprehensive Protocol which includes a
Framework code of practice for the sharing, disclosure or viewing of obtained or
retained Edesix system data.
Retention of data
Include details here of how long the CCTV images wil be held on the system, how it
wil be deleted (automatical y or manual y), who wil have responsibility for this, etc.
Personal data processed for any purpose or purposes shall not be kept for longer
than is necessary for that purpose or those purposes.
It is agreed between the Council and NSL that personal Data wil be retained for 30
days from date of capture. This is set in procedure as a 30 day new in old out
procedure on a rolling program and is automatic.
NSL have responsibility for the disposal of evidence and this wil be audited by
Warwickshire County Council’s Contracts Manager Quarterly.
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Impact on privacy
Include here an assessment of the impact that this system wil have on the privacy of
individuals, how they wil be affected, how the invasion of privacy wil be minimised,
etc.
Edesix system body cams are only issued to trained NSL col eagues. Edesix system
deployment is undertaken to assist in providing a recording of visual and audio
evidence of activities undertaken in connection with any parking or other
enforcement contract managed by NSL Limited on behalf of Warwickshire County
Council. Within the scope of that deployment, it is envisaged that body worn camera
systems wil be used for the fol owing purposes;
•
the provision of contemporaneous visual and audio recordings of
enforcement activities
•
staff safety and protection
•
continuity of evidence in the event of criminal offences
•
complaint resolution
•
col eague training and development
•
traffic signage and equipment management.
•
work to address issues associated with the transparency of
enforcement practices
Given the scope of the envisaged deployment, Edesix system operators do not
require to be licensed with the Security Industry Authority, (SIA), as Public Space
CCTV operators.
However, the fol owing members of the public are likely to have their contact, with
NSL Employees, recorded:
•
victims of crime,
•
witnesses of crimes,
•
persons suspected of committing offences
.
In addition, persons, unrelated to any specific interaction between NSL employees
and any of the categories of persons above, might find their activities captured on a
body cam. To some degree, this is inevitable since a camera lens or microphone is
non-discriminatory and captures what is seen or heard. In such circumstances, NSL
has adopted a number of safeguards to ensure that this data is managed and
handled correctly.
As previously mentioned, a body cam is capable of capturing primary evidence in
such a way that it is able to bring a compelling and an indisputable account of the
circumstances at that time. This wil not replace the needs to capture other types of
evidence but wil go a considerable way in reducing any ambiguities and should be
considered as an addition to supporting NSL employee as they discharge their
duties.
As body cam systems and usage develops, any deployment outside of the above
areas to be agreed with the council in advance, wil be incorporated into the relevant
protocols and procedures.
Although the planned action involves a measure of public surveil ance, we recognise
that BMW is privacy intrusive however with the stated safegards in pklace we believe
that the use is justified for the fol owing reasons;
•
Al of the information technologies that are to be applied in the course of the
planned action are already wel understood by the public or general technical
specifications are readily available in the public domain; Staff wil be trained and
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advised in less privacy intrusive methods.
•
The privacy impacts that could arise from the planned action are al wel -
understood by NSL management and by the public;
•
There are established measures that we believe justify the use of BMW which
include:
ICT Security have signed off the project
A statement of instructions is to be issued to NSL setting out our expectations
in relation to their handling of images (including that recording of images must
not take place continuously and that CEO staff wil be trained accordingly
Al CEO’s wil wear based with signage advising members of the public that
recording may take place and this is backed up by a privacy notice to be
published on the WCC website
Quarterly compliance audits of NSL’s processes to be conducted
•
Al of those measures are being applied within the planned action.
Previous assessments
Include details of any previous privacy impact assessments that have been
conducted or any other assessments
Other relevant information
It is proposed that NSL wil deploy a Edesix body worn camera system on behalf of
Warwickshire County Council.
This Privacy Impact Assessment, (PIA), has been drawn up in line with the Privacy
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Impact Assessment handbook version 2.0 issued by the Information Commissioner’s
Office. It is considered that this planned activity, due to its nature, the technology
involved and the secure administrative process, requires a smal scale PIA rather
than a full scale PIA. This PIA only addresses the application of this equipment in an
overt capture capacity.
Conclusions
Include here an analysis of the content of this assessment, your conclusions in
relation to whether the system should be put in place, whether further actions are
required for the system to be put in place, whether there should be further
restrictions placed on how the system is used, etc.
The analysis of the assessment is that the Body Worn Camera System should be
operational as soon as practical y possible for the fol owing reasons,
•
the provision of contemporaneous visual and audio recordings of enforcement
activities
•
staff safety and protection
•
continuity of evidence in the event of criminal offences
•
complaint resolution
•
col eague training and development
•
traffic signage and equipment management.
•
work to address issues associated with the transparency of enforcement
practices.
This wil help protect the officers in the execution of their duties and as previously
mentioned, a body cam is capable of capturing primary evidence in such a way that
it is able to bring a compelling and an indisputable account of the circumstances at
that time. This wil not replace the needs to capture other types of evidence but wil
go a considerable way in reducing any ambiguities and should be considered as an
addition to supporting NSL employee as they discharge their duties. Studies in other
Authorities have concluded the use of body worn cameras substantial y reduces the
conflict that Civil Enforcement Officers encounter on a regular basis.
It is clear from this PIA that there is no reasonable alternative for achieving the
stated purposes of the scheme other than by the use of body worn cameras. Whilst it
is accepted that there is the potential for privacy intrusion, it is felt that with the
necessary safeguards (details of which are referred to in the above section) in place
and regular reviews of NSL’s compliance, any privacy intrusions can be mitigated to
reasonable levels. The PIA wil be subject to an annual review.
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Once completed (if not already done so), please refer this assessment to Legal
Services for advice
Officer responsible for the assessment
Name
Signed
Dated
15th April 2015
Further actions required
State what actions are required before the system can be put in place or remain in
place
Pre Implementation:
(i)
A document for subject access needs to be agreed internally as above.
(ii)
A written set of instructions to be agreed with NSL around the safe
handling of images
Post Implementation:
(i)
Quarterly reviews of NSL’s compliance to be undertaken by the nominated
WCC Contracts Manager. Any concerns around compliance to be raised
with Legal Services
(ii)
Annual reviews of the PIA to be conducted by WCC
When the above actions have been completed the further actions must be
signed as completed by the officer responsible for this assessment
Signed
Dated
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