CCTV code of practice

Updated code of practice for Redbridge closed circuit television system

This code was first produced to ensure that London Borough of Redbridge operates and manages the community safety and traffic enforcement cameras in full compliance with the Data Protection Act 2018 and General Data Protection Regulations 2018. 

The Protection of Freedoms Act 2012 was introduced to regulate the operation of the surveillance camera systems.  This Code of Practice incorporates the guidance in the Surveillance Camera Code of Practice (as amended). Public surveillance cameras and closed-circuit television systems are regulated by the 2018 Data Protection Act and this code conforms to advice and guidance issued by the Data Protection Commissioner. The legal, practical and technological developments that have occurred since the CCTV cameras were first installed have introduced changes that have brought about this updated Code of Practice. The London Borough of Redbridge, the Metropolitan Police and their partners in the Redbridge Safer Communities Partnership continue to support a safer borough whilst, at the same time, manage and operate the surveillance camera system according to best practice and the law.

The Code will be kept under review and will be updated annually.

Section 1: Introduction and Objectives

 1.1 Introduction

1.1.1 The London Borough of Redbridge surveillance camera systems are installed to monitor public areas at various locations in the Borough. This code of practice governs the management and operation of the surveillance camera systems and has been agreed by the London Borough of Redbridge, the Metropolitan Police, and the Redbridge Safer Communities Partnership.

1.1.2 Parking Enforcement cameras operate to as part of a wide range of programme measures to improve traffic compliance and reduce the level of contraventions, thereby reducing delays on the highway. 

1.1.3 All CCTV schemes that receive, hold or process data about a known person are obliged to conform to certain legislation, most importantly, the local authority's legal powers under administrative law, the common law duty of confidence, the Data Protection Act 2018, Human Rights Act 1998, Freedom of Information Act 2000, the Protection of Freedoms Act 2012, and the Surveillance Commissioners Code of Practice [as amended]. This code is designed to ensure fairness, purpose, and accountability in the operation of the surveillance camera systems.

1.1.4 The system is registered with the Data Protection Commissioner. The owner of the system is the Chief Executive of the London Borough of Redbridge Council.

For the purposes of this document, the ‘System Owner’ is Redbridge Borough Council.

For the purposes of the Data Protection legislation the ‘data controller’ is Redbridge Borough Council.

1.1.5 The system is managed by the System Owner’s CCTV Manager.   The Designated Officers within this team will be responsible for ensuring CCTV data is processed in accordance with the Data Protection legislation.

Contact details of the System Owner, together with Designated Officer responsibilities are shown at Appendix A to this Code.

1.2 Objectives of the system

1.2.1 The community safety surveillance camera system was installed to prevent and detect crime and to reduce the fear of crime amongst all people who live, work, and visit the London Borough of Redbridge. The system's key objectives are to:    

  • detect, deter and prevent crime including, shoplifting, robbery, theft from persons and, theft of and from motor vehicles,
  • reduce the fear of crime,
  • reassure the public,
  • maintain public order by deterring and reducing late night disturbances.
  • maximise the use of police resources.
  • promote road safety and to penalise vehicle drivers that park in bus stops, box junctions, no entry routes, commit banned turns and drive through, in prohibited roads.

1.3 Statement of Purpose and Principles

1.3.1 LBR recognises that public authorities and those organisations carrying out the functions of a public service are required to observe the obligations imposed by the Human Rights Act 1998 and Data Protection legislation. LBR considers that the use of CCTV in the Borough of Redbridge is a justified, necessary, proportionate, and suitable tool to help reduce crime and the fear of crime and to improve public safety.

1.3.2 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. Closed circuit television is considered a necessity by LBR as it contributes to its duty under the Crime and Disorder Act 1998.

 

1.3.3 The primary objective of the CCTV camera traffic enforcement system is to ensure the safe and efficient operation of the road network by deterring motorists from breaking road traffic restrictions and detecting those that do.

1.3.4 In order to encourage compliance with traffic regulations the system enables fully trained staff: –

  • to monitor traffic activity in accordance with relevant legislation and guidance, including this Code of Practice.
  • to identify vehicle registration number, colour and type of unauthorised vehicles contravening traffic regulations.to support the serving of Penalty Charge Notices (PCNs) to the registered keeper of vehicles identified contravening the regulations.
  • to record evidence of each contravention to ensure that representations and appeals can be fully answered.
  • to enable timed and dated pictorial evidence of such unauthorised driving or stopping to be produced for adjudication or as information to the owner of such vehicles.
  • to enable the dispatch of a Civil Enforcement Officers for enforcement of vehicles contravening traffic regulations.

13.5 The Parking Enforcement system is intended to view activity on public carriageways. It will not be used to invade the privacy of any persons in domestic, business, or other private premises, buildings, or land.

1.3.6 The operation of the CCTV System may be considered an infringement of the privacy of individuals. LBR recognises that it is their responsibility to ensure that the CCTV System should always comply with all relevant legislation to ensure its legality and legitimacy in a democratic society. The CCTV System will only be used as a proportionate response to identified problems. It will only be used in the interests of national security, public safety, the economic well-being of the area, the prevention and detection of crime or disorder, the protection of health and personal or cultural values, or for the protection of the rights and freedoms of others.

1.3.7 Observance of this Code and the accompanying Public Space Surveillance (PSS) Procedure Manual will ensure that evidence is secured, retained, and made available as required with due regard to the rights of the individual.

1.3.8 The CCTV System will be operated with respect for all individuals, recognising the individual’s right to be free from inhuman or degrading treatment and avoiding any form of discrimination on the basis of (or association to) gender (including transgender), race (including nationality), religion or belief (including non-belief), disability, sexual orientation, age, as well as social background and the other Equality Act 2010 protected characteristics.

1.4 Lawful bases for processing personal data & objectives of the CCTV System

1.4.1 Most lawful bases require that processing is ‘necessary’ for a specific purpose. Such purposes will include:

  • the System Owner’s duty to comply with a legal obligation(s) e.g., in the interest of public safety, the prevention and detection of crime, apprehension and prosecution of offenders and for legal proceedings.
  • the public task: the processing is necessary for the System Owner to perform a task in the public interest or for its official functions, and the task or function has a clear basis in law.
  • circumstances of vital interests where the processing is necessary to protect someone’s life.

1.5 The lawful basis for holding and processing the data will include:

  • Section 163 of the Criminal Justice and Public Order Act 1994
  • Crime and Disorder Act 1998
  • Regulation of Investigatory Powers Act 2000
  • Protection of Freedoms Act 2012

See the System Owner’s Privacy Notice for Community Safety CCTV

1.6 Legislation governing the Enforcement of Traffic Regulations using CCTV

1.6.1 The enforcement of traffic regulations by CCTV cameras is regulated under the following legislation:

  • Road Traffic Regulation Act 1984
  • Road Traffic Offenders Act 1988
  • Road Traffic Act 1991
  • London Local Authorities Act 1996
  • The Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 1997
  • London Local Authorities Act 2000
  • The Transport for London (Bus Lanes) Order 2001
  • London Local Authorities and Transport for London Act 2003
  • Traffic Management Act 2004
  • The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
  • The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
  • The Civil Enforcement of Parking Regulations (England) General (Use of Approved Devices Amendment) Regulations 2015

 

1.6.2 Together these Acts allow a London Local Authority to install structures and equipment on or near a highway for the detection of contraventions of Traffic Management Orders and to use the information provided by them, to serve a Penalty Charge Notice (PCN) on the registered keeper of a vehicle which contravenes the Regulations.

1.6.3 Relevant Traffic Management Orders must be made available on request.

1.6.4 Records of the keepers of vehicles that contravene traffic regulations will be obtained in accordance with the Driver and Vehicle Licensing Agency enquiry procedures.

1.7 The objectives of the CCTV System

1.7.1 Legitimate basis for the processing of data, are:

  • To help reduce the fear of crime and anti-social behaviour.
  • To help deter crime and assist in the detection of crime and anti-social behaviour.
  • In the interests of national security/terrorism.
  • To help detect crime and provide evidential material for Police and the Court proceedings for the prosecution of offenders.
  • To aid in the overall management of public health and safety within covered areas and improve public protection.
  • To enhance community and officer safety and assist in developing the economic well-being of the Redbridge Borough.
  • To encourage greater use of the Town Centres, shopping areas, car parks and similar locations within the Borough by residents and visitors, thereby improving the enjoyment of facilities by all that use them.
  • To assist the Police and local authority officers in discouraging anti-social behaviour, including alcohol and drug related issues.
  • To assist the local councils and statutory partners in their enforcement and regulatory functions within the Borough to make Redbridge “a clean, safe and vibrant Borough that people are proud to call home”.
  • To assist in traffic management around the Borough of Redbridge if and wherever necessary to keep members of the public safe and to ensure the free flow of traffic on local roads that have CCTV coverage.

Within this broad outline, the Redbridge CCTV Service, in consultation with other enforcement services and Metropolitan Police, may periodically publish and review specific key objectives based on local concerns.

1.7.2 Civil parking enforcement should contribute to the authority’s transport objectives. A good civil parking enforcement regime is one that uses quality-based standards that the public understands, and which are enforced fairly, accurately, and expeditiously.

1.7.3 The aim is to increase compliance with parking restrictions through clear, well designed, legal and enforced parking controls. Civil parking enforcement provides a means by which the authority can effectively deliver wider transport strategies and objectives.

1.7.4 The Parking Strategy(2020-2025) sets out the approach to managing parking on the public highway and its off-street car parks.  The approach is consistent with the national and local policy as well as contributing to the suite of the council’s transportation strategies that seek to reduce congestion on the boroughs network.

1.7.5 Particular regard is given to.

  • managing the traffic network to ensure expeditious movement of traffic, (including pedestrians and cyclists), as required under the Traffic Management Act 2004 Network Management Duty.
  • improving road safety.
  • improving the local environment.
  • improving the quality and accessibility of public transport.
  • meeting the needs of people with disabilities, some of whom will be unable to use public transport and depend entirely on the use of a car; and
  • managing and reconciling the competing demands for kerb space.

1.8 Public Space Surveillance (PSS) Procedure Manual and Work Instructions

1.8.1 This Code is supplemented by separate protocols and the PSS Procedure Manual, which provide guidelines on all aspects of the day-to-day operation of the CCTV System. To ensure the purpose and principles (see section 2) of the CCTV System are realised, the PSS Procedure Manual is based upon and expands the contents of this Code.

1.8.2 Technical instructions on the use of equipment housed in the monitoring room are contained in a separate manual provided by the equipment suppliers. Individual work instructions relating to specific equipment, individuals, groups, premises, or operations may also be issued from time to time by the CCTV Manager or the Interim Head of Community Safety, Licensing and Parking.  

1.9 Copyright

Copyright and ownership of all material recorded by virtue of this system will remain with the system owner and data controller, the London Borough of Redbridge.

Section 2: Statement of Purpose and Principles

2.1 Purpose

The purpose of this Code is to state the intention of LBR to support the objectives of the CCTV System and to outline how it is intended to do so. The ‘purpose’ of the CCTV System, and the process adopted in determining the purposes/objectives for implementing it, are as detailed in Section 1 of this Code.

2.2 General Principles of Operation

2.2.1 The operation of the CCTV System will 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 Police related policy.

2.2.2 The CCTV System will be operated with due regard to the relevant definitions, rules, and procedures in the Home Office Code of Practice “Covert Surveillance and Property Interference” including the updates published from time to time.

2.2.3 The CCTV System will be operated within the law and in accordance with the fundamental principles and protected rights set out in the Human Rights Act. It will only be used for the purposes for which it was established, and which are identified in this Code, or which may be subsequently agreed in accordance with this Code.

2.2.4 The CCTV System will be operated with due regard to the principle that everyone has the right to respect for their private and family life and home and in accordance with the Data Protection legislation.

2.2.5 The public interest in the operation of the CCTV System will be recognised by ensuring the security and integrity of operational procedures.

2.2.6 Throughout this Code, it is intended, as far as reasonably possible, to balance the objectives of the CCTV System with the need to safeguard the rights of the individual. The System Owner operates a complaints procedure that ensures that is not only accountable but is seen to be accountable for its CCTV System.

2.2.7 Participation in the CCTV 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.

2.3 Copyright & Data Controller

2.3.1 Copyright and ownership of all material recorded System will remain with the System Owner.

2.3.2 The System Owner is the data controller for the purposes of the Data Protection legislation. Once recorded data has been disclosed to another party, such as the Police, they may then become a ‘controller in common’ for the processing of that data independently of the System Owner. Both parties should exercise all due diligence in ensuring compliance with the Data Protection legislation.

2.4 Cameras and Area Coverage

2.4.1 This Code refers to those areas within the responsibility of the System Owner. Details of the location of all cameras can be made publicly available.

2.4.2 Transportable or rapidly deployable cameras may be temporarily sited within the Borough. The use of such cameras, and the data produced by virtue of their use, will always accord with the objectives of the CCTV System and is governed by this Code and the PSS Procedure Manual.

2.4.3 Maps showing the location of the cameras and the areas covered is held and maintained by the CCTV Manager. 

2.4.4 The areas that currently have CCTV cameras installed are Ilford Town Centre, Gants Hill, Wanstead, Hainault Industrial Park, Barkingside, Footpath 97 in Aldborough, Seven Kings, Hainault, South Woodford, Manford Way and Valentines Park. There is also coverage of The Orchard Housing Estate, Woodford Green, Tiptree estate, Buckthorne and Larchwood estates. In addition, there are twelve deployable cameras available for use. we also have coverage of hostels such as Perth terrace, St Giorgios, Bathurst and Abury house.  There is current expansion project ongoing to reach new areas.

2.4.5 There are further ANPR cameras located across the Borough which locations are not disclosed due to Police restrictions by virtue of July 2019 National Standards for Compliance and Audit of Law Enforcement ANPR

2.4.6      The CCTV control centre also operates cameras situated in various Council owned buildings’ including Lynton House, Ley Street Depot.

2.4.7      The cameras are situated where they will capture images relevant to and of sufficient quality for the purpose, the prevention and detection of crime, criminal inquiries, and criminal proceedings.  Each camera meets an Operational Requirement and has had a Data Privacy Impact Assessment completed.  These assessments are updated yearly.

2.4.8 The system includes a privacy feature that prevents the surveillance of any private domestic or other areas not included in the system. None of the cameras forming part of the CCTV System will be installed in a covert manner. Some cameras may however be enclosed within ‘all weather and anti-vandal domes’, for aesthetic or operational reasons, but the presence of all cameras will be identified by suitable signage.

2.4.9 Information so obtained must only be obtained for the prevention and detection of specified criminal activity and must not be obtained and retained for any other purpose.

2.5 Public Space Surveillance CCTV Monitoring and Recording Facilities

2.5.1 A staffed monitoring room, called the Control Room, is located at Ley Street Depot, Ilford, Redbridge and houses the CCTV equipment, which has the capability of recording all public space surveillance cameras simultaneously throughout every 24-hour period.

2.5.2 Secondary monitoring equipment is located at Lynton House, High Road, Ilford.

2.5.3 No equipment, other than that housed within the CCTV Control Room or Lynton House, will be used for recording images from any PSS camera for evidential purposes.

2.5.4 CCTV Enforcement Officer can 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 this Code. Only authorised users will operate viewing and recording equipment.

2.6 Human Resources

2.6.1 Unauthorised persons will not have access to the Control Room without a member of CCTV staff being present.

2.6.2 Operational exemptions apply to police officers attending the control room when CCTV Enforcement Officer are not present.  Prior authorisation must be given by the CCTV Manager in all cases.  

2.6.3 Only CCTV Enforcement Officer, who are specially selected and trained and Security Industry Accredited (SIA) will staff the Control Room.

2.6.4 CCTV Enforcement Officer should have requisite knowledge and there should be a copy of the legislation for reference including the Human Rights Act 1998, Data Protection legislation, Regulation of Investigatory Powers Act 2000, this Code and the PSS Procedure Manual. Further training will be provided if required.

2.7 Processing and Handling of Recorded Material

2.7.1 All recorded material, whether recorded in analogue or digital format, or as a hard copy Still print, will be processed, and handled by a qualified member of staff, strictly in accordance with this Code and the PSS Procedure Manual.

2.8 CCTV Enforcement Officers’ Instructions

2.8.1 Technical instructions on the use of equipment housed within the Control Room are contained in a separate manual provided by the equipment suppliers.

2.9 Changes to this Code and/or the PSS Procedure Manual

2.9.1 Any major changes to this Code or the PSS Procedure Manual, i.e. changes that have a significant impact upon the Code or upon the operation of the CCTV System, will require consultation with and the agreement of all organisations with a participatory role in the operation of the CCTV System.

2.9.2 Minor changes, such as may be required for clarification and which will not have a significant impact, may be agreed by the Head of Service, CCTV Manager or a nominee identified by him/her.

2.9.3 CCTV Enforcement Officer may be consulted, opinions sought prior to any changes. Any improvements that the Officers put forward will be considered.