Introduction
The Tay Road Bridge Joint Board (TRBJB) uses closed circuit television (CCTV) images to provide a safe and secure environment for employees and users of the Tay Road Bridge, including vehicular users and pedestrians on the bridge and visitors to the Tay Road Bridge Administration Office, such as contractors and suppliers, and to protect the Tay Road Bridges property.
This policy sets out the use and management of the CCTV equipment and images in compliance with UK and EU data protection legislation and the Information Commissioner’s Office (ICO) CCTV Code of Practice.
The Tay Road Bridges CCTV facility records images only. There is no audio recording i.e. conversations are not recorded on CCTV.
Overview
The CCTV system is owned and managed by the TRBJB. Under UK and EU data protection legislation the TRBJB is the ‘data controller’ for the images produced by the CCTV system. The TRBJB is registered with the Information Commissioner’s Office and the registration number is z5942429. The CCTV system operates to meet the requirements of UK and EU data protection legislation and the Information Commissioner’s Guidance.
The Bridge Manager is responsible for the overall management and operation of the CCTV system, including activities relating to installations, recording, reviewing, monitoring and ensuring compliance with this policy.
The Bridge Manager is responsible for ensuring that adequate signage is erected in compliance with the ICO CCTV Code of Practice.
Any proposed new CCTV installation is subject to a Privacy Impact Assessment.
Purposes of CCTV
The purposes of the TRBJB installing and using CCTV systems include:
• To monitor the bridge carriageway and walkway for debris, accidents, and vehicle breakdowns for the purposes of public safety.
• To assist in the prevention or detection of crime or equivalent malpractice, including anti-social behaviour.
• To assist in the identification and prosecution of offenders.
• To monitor the security of the TRBJB’s premises.
• To monitor staff safety when they are working on their own.
The TRBJB seeks to operate its CCTV system in a manner that is consistent with respect for the individual’s privacy.
Location of cameras
Cameras are located at strategic points across the bridge and around the environs of the TRBJB’s property and premises, including the Fife car park. The TRBJB has positioned the cameras so that they only cover communal or public areas on the Tay Road Bridge and environs and they have been sited so that they provide clear images. No camera focuses, or will focus, on toilets, shower facilities, changing rooms, staff kitchen areas, staff break rooms or private offices, or private dwellings or offices.
All cameras are also clearly visible.
Appropriate signs are prominently displayed so that employees, bridge users, contractors, suppliers and other visitors are aware they are entering an area covered by CCTV.
Recording and retention of images
Images produced by the CCTV equipment are intended to be as clear as possible so that they are effective for the purposes set out above. Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images.
Images may be recorded either in constant real-time (24 hours a day throughout the year), or only at certain times, as the needs of the business dictate.
As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, are not held for more than 28 days. Once a hard drive has reached the end of its use, it will be securely erased prior to disposal.
All images recorded by the CCTV System remain the property and copyright of the TRBJB.
All images received by the CCTV cameras will be digitally recorded and are held on a Server in the Tay Road Bridge Control Room within the Administration Office. All images are held for 28 days and thereafter are automatically deleted from the servers unless required by the Police or other Government agencies where the law requires. On request from the Police or other Government agencies the images are transferred on to removable media such as CDs for the purposes of law enforcement and are kept securely in sealed evidence bags in the Tay Road Bridge Administration Office. One Copy is kept for TRBJB archive purposes and a working copy supplied to the Police or other Government agencies for the purposes of law enforcement. The images copied to removable media is kept for a period of 5 years and then is destroyed unless the law requires a longer retention period.
Access to and disclosure of images
Access to, and disclosure of, images recorded on CCTV is restricted. This ensures that the rights of individuals are retained. Images can only be disclosed in accordance with the purposes for which they were originally collected.
The images that are filmed are recorded centrally and held in a secure location. Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system. Viewing of recorded images will take place in a restricted area to which members of the public or general employees will not have access when viewing is occurring. If media on which images are recorded are removed for viewing purposes, this will be documented.
Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to:
• The police and other Government law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness.
• Prosecution agencies, such as the Crown Prosecution Service.
• Relevant legal representatives.
• Line managers and staff involved with pertinent staff training, e.g use of the Impact Protection Vehicle in compliance with Tay Road Bridge Safe Systems of Work
• Individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).
The Bridge Manager (or another senior officer acting in their absence) is the only person who is permitted to authorise disclosure of images to external third parties such as law enforcement agencies.
All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required. If disclosure is denied, the reason will be recorded.
Individuals’ access rights
Under UK and EU data protection legislation, individuals have the right on request to receive a copy of the personal data that the TRBJB holds about them, including CCTV images if they are recognisable from the image.
If you wish to access any CCTV images relating to you, you must make a written request to Bridge Manager of the TRBJB together with proof of identification. Your request must include the date and approximate time when the images were recorded and the location of the particular CCTV camera, so that the images can be easily located and your identity can be established as the person in the images. The TRBJB will respond promptly and in any case within one month of receiving the request.
The TRBJB will always check the identity of the individual making the request before processing it.
The Bridge Manager will first determine whether disclosure of your images will reveal third party information as you have no right to access CCTV images relating to other people. In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy.
If the TRBJB is unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.
Compliance with Data Protection Legislation
In its administration of its CCTV system the TRBJB will comply with the General Data Protection Regulation. Due regard will be given to the data protection principles contained within Article 5 of the GDPR which provide that personal data shall be:
a) processed lawfully, fairly and in a transparent manner;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date;
e) kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data are processed; and
f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Staff training
The TRBJB will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of UK and EU data protection legislation with regard to that system.
Implementation and monitoring compliance
The Bridge Manager is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct a regular review of the TRBJB’s use of CCTV.
All staff involved in the operation of the TRBJB’s CCTV System will be made aware of this policy and will only be authorised to use the CCTV System in a way that is consistent with the purposes and procedures contained therein.
Complaints procedure
Complaints concerning the TRBJB’s use of its CCTV system or the disclosure of CCTV images should be made in writing to the Bridge Manager at:
Tay Road Bridge Joint Board
Marine Parade
Dundee
DD1 3JB