Security Video Surveillance Systems

Policy number: 2014-03

Effective date: April 28, 2014

Last revision date: April 28, 2014

On this page

1. Purpose
2. Scope
3. Definitions
4. Policy
5. Responsibilities

1. Purpose

This Policy has been developed to govern security video surveillance at County owned/operated/leased facilities in accordance with the privacy provisions of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) “the Act”.

Video surveillance, when used with other security measures, is an effective means of ensuring the security and safety of County facilities, the individuals who use them and the assets housed within them. The need to ensure security and safety however, must be balanced with an individual’s right to privacy. The purpose of this Policy is to establish guidelines which are intended to achieve this balance. Specifically, this Policy addresses requirements and responsibilities with respect to:

• the installation of video surveillance systems;
• the operation of video surveillance systems;
• the use of the information obtained through video surveillance systems; and
• custody, control and access to records created through video surveillance systems

2. Scope

This policy applies to all County facilities and to all County employees, Library Board employees and service providers

3. Definitions

“Facility” means any building or land that is either owned, occupied or leased by the County, including but not limited to, administration buildings, arenas, libraries, community halls, swimming pools, parks and cemeteries.

“Disclosure” means the release of relevant information which includes, but it is not limited to, viewing a recording, as well as making a copy of a recording.

“Privacy Breach” is the retention, collection, use or disclosure of personal information in ways that are not in accordance with the provisions of the Act. The definitions below are taken from the Information and Privacy Commissioner/Ontario’s “Guidelines for Using Video Security Surveillance Cameras in Public Places.”

“Personal Information” is defined in section 2 of MFIPPA as recorded information about an identifiable individual, which includes, but is not limited to, information relating to an individual’s race, colour, national or ethnic origin, sex and age. If a video surveillance system displays these characteristics of an identifiable individual or the activities in which he or she is engaged, its contents will be considered “personal information” under the Act.

“Record” is defined in Section 2 of MFIPPA as any record of information, however recorded, whether in printed form, on film, by electronic means or otherwise and includes: a photograph, a film, a microfilm, a videotape, a machine-readable record and any record that is capable of being produced from a machine-readable record.

“Video Surveillance System” refers to a video, physical or other mechanical, electronic, digital or wireless surveillance system or device that enables continuous or periodic video recording, observing or monitoring of personal information about individuals in open, public spaces (including streets, highways, parks). The term “video surveillance system” includes an audio device, thermal imaging technology or any other component associated with capturing the image of an individual.

“Reception Equipment” refers to the equipment or device used to receive or record the personal information collected through a video surveillance system, including a camera or video monitor or any other video, audio, physical or other mechanical, electronic or digital device.

“Storage Device” refers to a videotape, computer disk or drive, CD ROM, computer chip or other device used to store the recorded data or visual, audio or other images captured by a video surveillance system.

4. Policy

4.1  Application
This Policy applies to all types of camera surveillance systems, surveillance monitors and camera recording devices that are used for security purposes at County owned/operated/leased facilities. This policy does not apply to video surveillance used for employment-related or labour-related information. This policy does not apply to the videotaping or the audiotaping of County Council meetings.

4.2  Use of Information Collected
The information collected through video surveillance is used only: to investigate an incident involving the safety or security of people, facilities, or assets; to provide law enforcement agencies with evidence related to an incident under police investigation; to provide evidence as required to protect the County’s legal rights; to respond to a request for information under MFIPPA; to investigate an incident involving an insurance claim that involves Haldimand County.

4.3  Public Consultation
Haldimand County acknowledges the importance of public consultation when new or additional video surveillance systems for County facilities are being considered. The extent of public consultation may vary depending on the extent of public access. When new or additional video surveillance installations are being considered for County buildings to which the public has access – for example, the administration building, satellite offices, libraries, museums and arenas – consultation would not be required. When new or additional video surveillance installations are being considered for open public spaces such as streets or parks, the County shall consult with relevant stakeholders to determine the necessity and the acceptability of the proposed installation.

4.4  Notification to the Public
Notification requirements under Section 29(2) of MFIPPA include informing individuals of the legal authority for the collection of personal information, the principal purpose(s) for which the personal information is intended to be used and the title, business address and telephone number of someone who can answer questions about the collection of personal information. The public shall be notified, using clearly written signs displayed at the entrance to and perimeter of, video surveillance areas so that the public has reasonable warning that surveillance is or may be in operation. Signs shall be of consistent size, format and wording.

A notice will also be posted on the Freedom of Information page on the County website.

4.5  Factors to Consider Prior to Using Video Surveillance Systems
Notification requirements under Section 29(2) of MFIPPA include informing individuals of the legal authority for the collection of personal information, the principal purpose(s) for which the personal information is intended to be used and the title, business address and telephone number of someone who can answer questions about the collection of personal information. The public shall be notified, using clearly written signs displayed at the entrance to and perimeter of, video surveillance areas so that the public has reasonable warning that surveillance is or may be in operation. Signs shall be of consistent size, format and wording.

• • The use of video surveillance cameras should be justified on the basis of specific reports of incidents, crime or significant safety concerns
  • A video surveillance system should be considered only after other measures of deterrence have been considered and rejected as unworkable
  • The proposed design and operation of the video surveillance system should minimize privacy intrusion
    
    

4.6  Installation of Video Surveillance Systems
Video surveillance equipment will only be installed in identified public areas where surveillance is deemed necessary to ensure the ongoing safety of County facilities, the individuals who use them and the assets that are housed in them.

Video equipment will be installed to monitor only the areas requiring video surveillance and will not be directed to look onto adjacent property.

Video surveillance equipment should never monitor the inside of areas where the public and employees have an expectation of privacy, such as change rooms or washrooms. Individual use of video or still photo devices, including video/digital cell phones, is also prohibited in these areas.

Video surveillance equipment may operate up to twenty-four (24) hours a day, seven (7) days a week within the system’s capabilities.

Video monitors (reception equipment) will be located in controlled access areas. Where a separate, locked area cannot be provided, access will be restricted by password.

4.7  Operation of Video Surveillance Systems
Division Managers are authorized the designate staff to operate video surveillance systems. The Manager will maintain a list of all persons designated and only those who have been designated may be permitted to operate the system.

The Manager or designate is responsible for establishing an appropriate training program for the operation of the equipment, including operator responsibilities with respect to protection of privacy and confidentiality.

4.8  Access to Information Collected
Access to the video surveillance records (including logbooks) shall be restricted to authorized personnel only in order to comply with their roles and responsibilities as outlined in this Policy.

All storage devices that are not in use must be stored securely in a locked receptacle located in an access-controlled area.

4.9  Access to Information Collected
An individual whose personal information has been collected by a video surveillance system has a right of access to his or her personal information under Section 36 of the Act.

All personal information requests shall be made in writing and directed to the Freedom of Information (FOI) Coordinator on the prescribed form. The FOI Coordinator will provide direction to staff to provide this information or part thereof in accordance with the Act.

Access to personal information may depend on whether there is an unjustified invasion of another individual’s privacy and whether any exempt information can reasonably be severed from the record.

The FOI Coordinator may charge fees for this service in accordance with MFIPPA.

4.10  Public Requests for Access to Information
In accordance with the Act, any person may make a written request to the FOI Coordinator for access to digital records obtained by or through the use of the surveillance system by completing the County’s Application for Access or Correction to Records form and by submitting the non-refundable, mandatory application fee.

The FOI Coordinator will review the legal authority of such person to receive the requested information, as indicated by MFIPPA.

The FOI Coordinator may charge additional fees for this service according to MFIPPA or in accordance with Haldimand County’s Fee By-law where applicable.

When access to a record is given, the following information will be included in the FOI Coordinator’s access logbook for audit purposes:

• The date and time of the original incident;
• The date and time at which the access was allowed or the date on which disclosure was made;
• The reason for allowing access or disclosure;
• The extent of the information for which access was allowed or which was disclosed; and
• Provisions for the return of the record or its destruction

4.11  Requests for Access to Video Surveillance Records by a Law Enforcement Agency
If access to a video surveillance record is required for the purpose of a law enforcement investigation, the requesting officer must complete the “Law Enforcement Officer Request” form and forward it to the FOI Coordinator.

The FOI Coordinator will review requests on a case-by-case basis to determine whether disclosure will be granted. Depending on the nature of the request, law enforcement agencies may be required to complete a formal Freedom of Information request.

If the FOI Coordinator permits disclosure, a completed “Record of Release to Law Enforcement Agency” form will be copied to the IS Division Manager for record production.

A copy of the disclosed information will be provided to the FOI Coordinator for filing with the original release form. A copy of the release form will be provided to the law enforcement agency at the time of disclosure.

When a video recording is viewed or removed for law enforcement purposes, the access logbook entry shall include:

• The date and time of the original recorded incident;
• The date and time the record was provided to the requesting officer;
• The name and contact information of the requesting officer;
• Whether the record will be returned or destroyed after use by the law enforcement agency

4.12  Privacy Beach
A privacy breach occurs when personal information is collected, retained, used or disclosed in ways that are not in accordance with the provisions of the Act.

When faced with a potential breach of privacy, the first two priorities are containment and notification.

Any County employee having knowledge of a privacy breach must immediately inform the divisional Manager of the breach. The Manager will inform the FOI Coordinator and together they will take all reasonable actions to recover the record and limit the record’s exposure (containment). The FOI Coordinator will notify those individuals whose privacy was breached and advise of the steps that have been taken to address the breach, both immediate and long-term, including contacting the Information and Privacy Commissioner of Ontario (notification).

The FOI Coordinator will conduct an internal investigation to review the circumstances surrounding the breach and work together with the Information and Privacy Commissioner to make any necessary changes to policies and procedures.

4.13  Training
Where applicable and appropriate, the Policy will be incorporated into training and orientation programs.

4.14  Retention Period of Information
The retention period for information that has not been viewed for law enforcement or public safety purposes shall be fourteen (14) days. Recorded information that has not been viewed will be routinely erased. Information that has been viewed by County staff, but does not appear to present any information pertinent to the protection of corporate assets or the safety of the public and employees, will be automatically erased through the re-write process. When recorded information has been viewed for law enforcement or public safety purposes, the materials will be retained for a period of one (1) year from the date of the resolution of the incident.

The FOI Coordinator will retain logs in a secure manner for one (1) year. The County shall store and retain retrieved records required for evidentiary purposes according to standard procedures until the law enforcement officers request them. Retrieved and stored information will be disposed of securely and in such a manner that the personal information cannot be reconstructed or retrieved (physically destroyed, burned, magnetically erased or copied over).

4.15  Audits and Evaluations
The Managers of the County divisions responsible for each County-owned or operated site with a video surveillance system shall conduct an annual audit to ensure that video surveillance continues to be justified in accordance with the requirements listed under “Factors to Consider Prior to Using Video Surveillance Systems.” The FOI Coordinator will ensure that any formal or informal information requests from the public have been tracked, and that reported incidents and police contact are properly recorded in the logbook. Employees and service providers should be informed that their activities are subject to audit.

4.16  Review of Policy
This policy shall be reviewed every two (2) years by the Manager of Facilities and Parks Operations (FAPO), in consultation with the FOI Coordinator and Manager of Community Development and Partnerships. The Manager of Facilities and Parks Operations will include recommendations for update, if any, in a report to Council.

5. Responsibilities

5.1  The Manager of Facilities & Parks Operations (FAPO) is responsible for the overall Corporate Video Surveillance Program and the management of authorized video security systems, including assisting other Managers with specifications, equipment standards and installation. The FAPO Manager will report to Council when a new video surveillance system is proposed.

5.2  The Manager of Information Systems or designated staff, is responsible for assisting with evaluation of video surveillance equipment to be procured and installation and operation of equipment, making a copy of a record in approved circumstances and overseeing the disposal of any storage device.

5.3  The FOI Coordinator will respond to requests for access to video surveillance records from the public and law enforcement agencies, respond to appeals and privacy complaints through the Office of the Information and Privacy Commissioner of Ontario, notify the Information and Privacy Commissioner of Ontario in the event of a privacy breach where appropriate and charge fees for the production of records in accordance with MFIPPA. The FOI Coordinator will also document all information regarding the use, maintenance and storage of records in the applicable logbook, including all instances of access to, and use of, recorded material to create a proper audit trail.

5.4  Division Managers responsible for each County-owned/operated/leased site with a video surveillance system are responsible for the life-cycle management of authorized video security surveillance systems and signage, including: recommending proposed installations in their divisions after assessing and documenting, in writing, any security threats; preparing a floor plan identifying the location of all video surveillance equipment at the site; implementing any site-specific procedures that may be required, including conducting periodic internal audits to ensure compliance with the Policy; ensuring that appropriate staff are familiar with the Policy and providing training; maintaining a record of personnel who are authorized to access and operate the system; posting a “Notice of Collection of Personal Information”; assigning a person or persons to be responsible for the day-to-day operation of the system in accordance with this Policy and conferring with the Manager of Information Systems for appropriate disposal of video surveillance systems.

5.5  County staff entrusted to operate or monitor the video surveillance system for a particular facility will: comply with all aspects of the Video Surveillance Policy; sign a Haldimand County Employee Undertaking of Confidentiality Form; monitor the video surveillance cameras as necessary; ensure no personal information is disclosed without the approval of the FOI Coordinator; ensure that no copies of data/images in any format are taken from the video surveillance system without approval from the FOI Coordinator.

5.6  All employees must adhere to the Policy and must not access or use information contained in the video surveillance system, its components, files or database for personal reasons, nor dispose, destroy or alter any record without proper authorization. All employees must also report any suspected privacy breach to their Manager.

5.7  County employees who knowingly or deliberately breach the policy or the provisions of MFIPPA may be subject to disciplinary action up to and including, but not limited to, termination of employment.

5.8  Service providers, consultants and contractors shall review and comply with the Policy and MFIPPA in performing their duties related to the operation of the video surveillance system. The County will require all applicable service providers to the video surveillance system, consultants or other contractors who require access to the system to sign an agreement regarding their duties under this Policy and the Act, including a “Service Provider Undertaking of Confidentiality” form.

5.9  Where a service provider, consultant or other contractor fails to comply with this Policy or the provisions of the Act, it will be considered a breach of contract and may lead to penalties up to and including, but not limited to, contract termination.