272 lines
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Executable File
272 lines
17 KiB
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Executable File
<?xml version="1.0"?>
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<cms:item xmlns:cms="http://www.arsdigita.com/cms/1.0" xmlns="http://www.esd.org.uk/standards/esdbody" oid="[com.arsdigita.cms.contenttypes.ESDService:{id=368}]"><cms:name>cctv-procedure-for-the-release-of-evidence-368</cms:name><cms:language>en</cms:language><cms:title>CCTV Procedure for the Release of Evidence</cms:title><cms:dublinCore oid="[com.arsdigita.london.cms.dublin.DublinCoreItem:{id=368}]"><cms:name>cctv-procedure-for-the-release-of-evidence-368-dublin-metadata</cms:name><cms:dcAudience>General Public</cms:dcAudience><cms:dcCoverage>content="99XX" scheme="ONS SNAC"</cms:dcCoverage><cms:dcCoveragePostcode/><cms:dcCoverageSpatialRef/><cms:dcCoverageUnit/><cms:dcDateValid/><cms:dcDisposalReview/><cms:dcLanguage>en</cms:dcLanguage><cms:dcTemporalBegin/><cms:dcTemporalEnd/><cms:dcCreatorOwner>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorOwner><cms:dcCreatorContact>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorContact><cms:dcPublisher>Tameside MBC - LAWS project - http://laws.tameside.gov.uk</cms:dcPublisher><cms:dcRights/><cms:dcKeywords>cctv, procedure, release, evidence</cms:dcKeywords></cms:dublinCore><cms:textAsset oid="[com.arsdigita.cms.TextAsset:{id=368}]"><cms:content><![CDATA[<h2>Miscellaneous</h2><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><p><i>Arguably, Closed Circuit Television (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. </i></p><hr/><p>Equally, it may be regarded by some as the most potent infringement
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of
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people's liberty. If users, owners and managers of such systems are to command
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the respect and support of the general public, the systems must not only
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be used with the utmost probity at all times, they must be used in a manner
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which
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stands
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up to scrutiny and is accountable to the very people they are aiming to protect.</p><p>The
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Council is committed to the belief that everyone
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has the right to respect for his or her private and family life. Although
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the use of CCTV cameras has become widely accepted in the UK as an effective
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security
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tool, those people who do express concern tend to do so over the handling
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of the information (data) which the system gathers. </p><p>After considerable
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research and consultation, a nationally recommended standard
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has been adopted by the system owners.</p><h2>General Policy</h2><p>All requests for the release of data shall be
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channelled
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through the data
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controller or his nominated representative.</p><h2>Primary Request
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To View Data</h2><p>Primary requests to view data generated by a CCTV system
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are likely
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to be made by third parties for any one or more of the following
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purposes: </p><ul>
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<li title="*">Providing evidence
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in criminal proceedings </li>
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<li title="*">Providing evidence
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in civil proceedings or tribunals </li>
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<li title="*">The prevention of
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crime</li>
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<li title="*">The investigation
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and detection of crime (may include identification of offenders)</li>
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<li title="*">Identification of
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witnesses</li>
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</ul><p> Third parties, which are required to show adequate grounds
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for disclosure of data within the above criteria, may include,
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but
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are not limited
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to: </p><ul>
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<li title="*">Police</li>
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<li title="*">Statutory authorities
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with powers to prosecute, (eg. Customs and Excise; Trading Standards,
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etc) </li>
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<li title="*">Solicitors</li>
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<li title="*">Claimants in civil
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proceedings</li>
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<li title="*">>Accused persons
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or defendants in criminal proceedings</li>
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<li title="*">Other agencies,
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(as agreed by the Data Controller and notified to the Information
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Commissioner) according to purpose and legal status</li>
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</ul><p> Upon
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receipt from a
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third party of a bona fide request for the release of data,
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the data controller shall: </p><ul>
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<li title="*">Not
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unduly obstruct a third party investigation to verify the existence
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of relevant data. </li>
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<li title="*">Ensure the retention
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of data which may be relevant to a request, but which may be pending
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application for, or the issue of, a court order or subpoena. A
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time limit shall be imposed on such retention, which will be notified at
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the time of the request.</li>
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</ul><p> Where requests
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fall
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outside
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the terms
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of disclosure and Subject Access legislation, the data
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controller, or
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nominated representative,
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shall: </p><ul>
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<li title="*">Be
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satisfied that there is no connection with any existing data held
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by the police in connection with the same investigation.</li>
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<li title="*">Treat all such enquiries
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with strict confidentiality.</li>
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</ul><h2> Secondary Request To View Data</h2><p>A 'secondary' request
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for
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access to data
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may be defined as
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any request being made which does not fall into the
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category of a primary request.
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</p><p> Before complying
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with a secondary request, the data controller shall
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ensure that: </p><ul>
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<li title="*">The
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request does not contravene, and that compliance with the request
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would not breach, current relevant legislation, (eg. Data Protection
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Act 1998, Human Rights Act 1998, section 163 Criminal Justice and
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Public Order Act 1994, etc); </li>
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<li title="*">Any legislative
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requirements have been complied with, (e.g. the requirements of the
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Data Protection Act 1998);</li>
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<li title="*">Due regard has been
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taken of any known case law (current or past) which may be relevant,
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(eg. R v Brentwood BC ex p. Peck); and </li>
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<li title="*">The request would
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pass a test of 'disclosure in the public interest'.</li>
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</ul><p> If, in compliance with
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a secondary
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request
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to view data,
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a decision is
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taken to release material to a third party, the
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following safeguards shall be put
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in place before surrendering the material: </p><ul>
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<li title="*">In respect
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of material to be released under the auspices of 'crime prevention',
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written agreement to the release of the material should be obtained
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from a police officer, not below the rank of Inspector. The officer
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should have personal knowledge of the circumstances of the crime/s
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to be prevented and an understanding of the CCTV System Code of Practice.</li>
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<li title="*">If the material
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is to be released under the auspices of 'public well being, health
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or safety', written agreement to the release of material should be
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obtained from a senior officer within the Local Authority. The officer
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should have personal knowledge of the potential benefit to be derived
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from releasing the material and an understanding of the CCTV System
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Code of Practice. </li>
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</ul><p> Recorded material
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may be used for bona fide training purposes such
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as police or staff training. Under no circumstances
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will
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recorded
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material be released
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for commercial sale of material for training
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or entertainment purposes. </p><h2> Individual Subject Access under
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Data Protection Legislation</h2><p>Under the terms of Data Protection
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legislation, individual access
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to personal data,
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of which that individual is the data subject,
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must be permitted providing: </p><ul>
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<li title="*">The
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request is made in writing;</li>
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<li title="*">A specified fee
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is paid for each individual search;</li>
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<li title="*">The data controller
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is supplied with sufficient information to satisfy him or her self
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as to the identity of the person making the request;</li>
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<li title="*">The person making the request provides sufficient and accurate information about
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the time, date and place to enable the data controller to locate the
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information which that person seeks, (it is recognised that a person
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making a request is unlikely to know the precise time. Under those circumstances
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it is suggested that within one hour of accuracy would be a reasonable
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requirement);</li>
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<li title="*">The person making
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the request is only shown information relevant to that particular
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search and which contains personal data of her or him self only,
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unless all other individuals who may be identified from the same
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information have consented to the disclosure.</li>
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</ul><p> In the event of the data controller complying
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with a request to supply a copy of the
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data to the subject,
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only data
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pertaining to the individual
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should
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be copied, (all other personal data which
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may facilitate the identification of any
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other person
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should be
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concealed or erased).
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Under these
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circumstances an additional fee may be
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payable. </p><p>The data
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controller is entitled
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to refuse an individual request to view
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data under these provisions if insufficient
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or
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inaccurate information is provided, however
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every effort
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should be made to comply
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with subject access procedures
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and each request should be treated on
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its own merit. </p><p>In addition to
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the principles contained within the
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Data Protection legislation, the data
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controller should
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be satisfied that the data is: </p><ul>
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<li title="*">Not
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currently and, as far as can be reasonably ascertained, not likely
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to become, part of a 'live' criminal investigation;</li>
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<li title="*">Not currently and,
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as far as can be reasonably ascertained, not likely to become, relevant
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to civil proceedings;</li>
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<li title="*">Not the subject
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of a complaint or dispute which has not been actioned; </li>
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<li title="*">The original data
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and that
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the audit trail has been maintained;</li>
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<li title="*">Not removed or copied
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without proper authority;</li>
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<li title="*">For individual disclosure
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only (i.e. to be disclosed to a named subject).</li>
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</ul><h2> Process of Disclosure</h2><p>Verify the
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accuracy of the request. </p><p> Replay the data to the requestee
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only, (or responsible person
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acting on behalf
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of the
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person making
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the request). </p><p> The viewing should take place
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in a separate room and not
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in the
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control
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or monitoring
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area. Only
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data which
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is specific
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to the
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search request
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shall be
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shown. </p><p> It must not be possible to
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identify any other individual
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from the
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information being shown,
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(any such information
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will be
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blanked-out, either by means
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of electronic screening or
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manual editing on the monitor
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screen). </p><p> If a copy of the material
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is requested and there
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is no on-site
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means of
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editing out
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other personal
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data,
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then
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the material
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shall be sent
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to an
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editing house
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for processing prior to
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being sent to the requestee. </p><h2>Media Disclosure</h2><p>In
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the event of a request
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from the
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media for
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access to
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recorded
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material,
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the procedures
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outlined
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under
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'secondary
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request
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to view data' shall
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be followed. If material
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is to be released
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the following procedures
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shall be adopted:
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</p><ul>
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<li title="*">The
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release of the material must be accompanied by a signed release document
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that clearly states what the data will be used for and sets out the
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limits on its use, and indemnifies the partnership against any breaches
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of the legislation.</li>
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<li title="*">The release form
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shall state that the receiver must process the data in a manner prescribed
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by the data controller, e.g. specific identities/data that must not
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be revealed.</li>
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<li title="*">It shall require
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that proof of any editing must be passed back to the data controller,
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either for approval or final consent, prior to its intended use by
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the media (protecting the position of the data controller who would
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be responsible for any infringement of Data Protection legislation
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and the System's Code of Practice). </li>
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<li title="*">The release form shall be considered a contract and signed
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by both parties.</li>
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</ul><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><span class="gen">postal address here</span><h3>
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<a href="/ccm/services/pid.jsp?pid=368"> Providing Information
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(368)
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</a></h3>]]></cms:content></cms:textAsset></cms:item>
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