Adopted on the 26th February 2024
This policy is to control the management, operation, use and confidentiality of any CCTV system owned by the Parish Council located within the Parish of Hurst Green, East Sussex. This policy does not cover any CCTV system owned and managed by another authority.
The policy was prepared after taking due account of the Code of Practice published by the Data Protection Commissioner (revised 2015) and the Data Protection Act 2018. This policy will be subject to periodic review by the Parish Council to ensure that it continues to reflect the public interest and that it and the system meets all legislative requirements.
The use of CCTV falls within the scope of the Data Protection Act 1998, the Human Rights Act 1998, the Regulation of Investigatory Powers Act 2000, CCTV Code of Practice and other relevant legislation.
In order to comply with the requirements of the law, data must be:
1. fairly and lawfully processed;
2. processed for limited purposes and not in any manner incompatible with those purposes;
3. adequate, relevant and not excessive;
4. accurate;
5. not kept for longer than is necessary;
6. processed in accordance with individuals’ rights;
7. secure;
8. not transferred to a country or territory outside the European Economic Area unless an adequate level of protection for the rights and freedoms of data subjects is ensured
To provide a safe and secure environment for the benefit of those who might visit, work or live in the Parish. The system will not be used to invade the privacy of any individual, except when carried out in accordance with the law. The scheme will be used for the following purposes:
The CCTV Policy may be discussed at meetings of any Committee. However, any major change that would have a significant impact on either the purpose or this policy of operation of the CCTV scheme will take place only after discussion and resolution at a full Parish Council meeting.
Hurst Green Parish Council retains overall responsibility for the scheme.
Day to day operational responsibility rests with the Clerk to the Council. No cameras is linked to Police headquarters at Lewes, if these were to be installed they would be governed by Sussex Police.
The following points must be understood and strictly observed:
Digital records should be securely stored to comply with data protection and should only be handled by the essentially minimum number of persons. Digital images will be erased after a period of 30 days.
Images will not normally be supplied to the media, except on the advice of the police if it is deemed to be in the public interest. The Clerk to the Council would inform the Chairman of the Parish Council of any such emergency.
As records may be required as evidence at Court, each person handling a digital record may be required to make a statement to a police officer and sign an exhibit label. Any images that are handed to a police officer should be signed for by the police officer and information logged to identify the recording, and showing the officer’s name and police station. The log should also show when such information is returned to the Parish Council by the police and the outcome of its use.
The Clerk will assess applications from third parties for data and will decide whether the requested access will be permitted. Disclosure of recorded images to third parties will only be made in limited and prescribed circumstances. Disclosure to third parties will be limited to the following:
If access is denied the reason should be logged and reported at the next council meeting, If access is granted this must also be reported at the next council meeting
Any event that requires checking of recorded data should be clearly recorded, including Crime Numbers. if appropriate, and the Parish Council notified at the next available opportunity.
Any damage to equipment or malfunction discovered should be reported immediately to the Clerk and subsequently to the Council.
Any request by an individual member of the public for access to their own recorded image must be made in writing to the Clerk to the Council using the attached form (see Appendix 1). The Clerk will consider whether disclosure would entail disclosing images of third parties and whether these images are held under a duty of confidence. In this situation the Council’s insurers will be asked to advise on the desirability of releasing any information. If required the Clerk will arrange for third parties’ images to be blurred or disguised. There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee. A record will be kept of the name of the person requesting to view the images, the date and time of the viewing, the reason for it and the outcome, if any of the viewing.
Breaches of this policy will be investigated by the Clerk to the Council and reported to the Parish Council.
A CCTV system prevents crime largely by increasing the risk of detection and prosecution of an offender. Any relevant tape or digital evidence must be in an acceptable format for use at Court hearings.
Copies of the CCTV Policy are available in accordance with the Freedom of Information Act, as will any reports that are submitted to the Parish Council providing it does not breach security needs.
The Police will be informed of the installation and provided with a copy of this CCTV Policy.
Any written concerns or complaints regarding the use of the system will be considered by the Parish Council, in line with the existing complaints policy.
This policy was adopted by Hurst Green Parish Council at a meeting of the Council on 26th February 2024.