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HomeMy WebLinkAboutADM 050-001 Video Surveillance ProcedureCil y o� PICKERING CITY PROCEDURE Procedure Title: Video Surveillance Procedure Procedure Number: ADM 050-001 Reference: Municipal Freedom of Information and Protection of Privacy Act, 2001 Date Originated: January 30, 2009 Date Revised: Approval: Chief A dministrative Officer Point of Contact: City Clerk / I' Procedure Objective This procedure refers to all Video Surveillance Systems in existence at facilities in the City of Pickering. It is based on the Information and Privacy Commissioner/Ontario (IPC) Guidelines for Using Video Surveillance Cameras in Public Places. It is the procedure of the City to utilize video surveillance to ensure the safety and security of individuals, assets and property. Personal information using a Video Surveillance System will only be collected as authorized under the provisions of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Video Surveillance Systems are located at various City locations for specified purposes. In the event of a reported or observed safety or security incident, the Director, Operations & Emergency Services or his designate will review the recorded information to assist in the investigation of that incident. The City recognizes that video surveillance technology may have a high potential for infringing upon an individual's right to privacy and although it is required for legitimate operational purposes, the collection, use, disclosure, retention and disposal of personal information in the form of video surveillance will be in compliance with the provisions of MFIPPA as well as the City's Records Retention By-law. Index 01 Definitions 02 Exceptions 03 Responsibilities 04 General Procedure Title: Video Surveillance Procedure Page 1 of 10 Procedure Number: ADM 050-001 01 Definitions 01.01 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, color, 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 MFIPPA. 01.02 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. 01.03 Video Surveillance System — refers to a video, physical or other mechanical electronic or digital 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, and parks). '01.04 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. 01.05 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. 02 Exceptions This procedure does not apply to the following: 02.01 Covert surveillance used for law enforcement purposes. In those circumstances, either a statutory authority exists and/or the authority for the surveillance is lawfully obtained through a search warrant. Covert surveillance is surveillance conducted through the use of hidden devices. If covert surveillance is not implemented pursuant to the conditions in the preceding paragraph, extra diligence in considering the use of this technology is required; and 02.02 Videotaping or audio taping of City Council meetings. Procedure Title: Video Surveillance Procedure Page 2 of 10 Procedure Number: ADM 050-001 03 Responsibilities 03.01 Director, Operations & Emergency Services (or designate): a) Responsible for the overall Corporate Video Surveillance Program. Facilities Management will maintain control of and be responsible for the Video Surveillance System at all times; and b) responsible for the life -cycle management of authorized Video Surveillance Systems (specifications, equipment standards, installation, maintenance, replacement, disposal and related requirements (e.g. signage), including: • documenting the reason for implementation of a Video Surveillance System at the designated area; • maintaining a record of the locations of the video surveillance equipment; • maintaining a list of individuals who are authorized to access and operate the system(s); • maintaining a record of the times when video surveillance. will be in effect; • posting of Notices of Collection of Personal Information; and • assigning an individual(s) to be responsible for the day-to- day operation of the system in accordance with the procedure, procedures, and direction/guidance that may be issued from time -to -time. 03.02 Municipal Freedom of Information and Protection of Privacy Coordinator: a) Responsible for the Administration of MFIPPA, including: • providing individuals with the right to access personal information about themselves; • protecting the privacy of individuals; • ensuring that the City is in compliance with MFIPPA and meets their statutory obligations; and • responding to any inadvertent disclosures of personal information or any privacy complaints made to the City or Information and Privacy Commissioner (IPC)/Ontario and complying with Orders issued. 03.03 Site Managers/Supervisors, or designate: a) Responsible for overseeing the video surveillance operations at their respective facility; Procedure Title: Video Surveillance Procedure Page 3 of 10 Procedure Number: ADM 050-001 b) reporting any incidents or concerns to the Director, Operations & Emergency Services, or designate; c) completing the Video Surveillance Logbook of Tapes Viewed; and d) following the procedure regarding security, storage, retention, and disposal of recorded information and equipment. 03.04 City Employees and Security Contractor(s): a) Responsible for reviewing and complying with the procedure and MFIPPA in performing their duties and functions related to the operation of the Video Surveillance System. 04 General 04.01 Breach of Procedure — City employees will comply with the procedure and will be subject to discipline if they breach the procedure or the provisions of MFIPPA or other relevant statutes. Authorized employees will review and sign and acknowledgement at the end of this procedure regarding their understanding and compliance with the procedure and MFIPPA. 04.02 Design and Installation — The City will ensure that video surveillance equipment is only installed in identified areas, where it is necessary to ensure the security of individuals, assets and property. The equipment will be installed in such a way that it only monitors those spaces that have been identified as requiring video surveillance. Adjustment of cameras by operators will be restricted so that operators cannot view spaces that are not covered by the Video Surveillance System. Areas in which employees and the public have a high expectancy of privacy will not be monitored (i.e. change rooms and washrooms). 04.03 Openness and Notification — The City promotes best practices by being open to the public and keeping them informed. To continue with this practice, the public will be kept informed through the posting of clearly written signs prominently displayed at the entrances, exterior walls, and interior of buildings and/or perimeter of the video surveillance areas. 04.04 Access, Use and Disclosure — Information collected by way of a Video Surveillance System may only be used for the purposes stated in the procedure. Information will not be retained or used for any other purposes. The personal information recorded by video surveillance is subject to access and privacy legislation. An individual whose personal information has been collected by a Video Surveillance System has a right of access Procedure Title: Video Surveillance Procedure Page 4 of 10 Procedure Number: ADM 050-001 under Section 36 of the MFIPPA unless it falls under an exemption and if exempt information can be reasonably severed from the record. 04.05 Security, Retention and Disposition — Only the CAO, Director, Operations & Emergency Services, Security Coordinator, MFIPPA Coordinator, City Solicitor, law enforcement authorities, specified Site Managers/Supervisors, or their designate may review the information. Circumstances, which would warrant review, will normally be limited to an incident related to the safety and security of individuals, assets and property that have been reported/observed, in particular, for law enforcement purposes. All equipment, paper records and recorded information not in use will be kept in a secured, locked area with only authorized access. All removable devices will also be dated and labeled and stored in a locked container in a controlled access area. The retention period as set out in this procedure and any applicable governing legislation is thirty (30) calendar days for information that has not been viewed for the purposes set out in this procedure. Once the retention period is met, all recorded information will be erased and reused. When recorded information has been viewed for the purposes stated under this procedure, the City will store and retain storage devices required for evidentiary purposes in accordance with this procedure until the law enforcement authorities request them. 04.06 Training — where applicable and appropriate, the procedure and the guidelines will be incorporated into training and orientations programs of the City. 04.07 Auditing and Evaluating — The City will ensure that the use and security of video surveillance equipment is subject to regular review and audit. The audit will address the City's compliance with the procedure and. guidelines. Auditing may include verification that reported incidents were properly recorded in the logbooks, procedures on security, retention and disposal of equipment and recorded information have been followed and requests for information have been tracked and responded to. Any deficiencies or concerns identified will be addressed and corrected and any revisions will be added to the procedure. At the time of audit, the City will evaluate all video surveillance equipment to determine whether its operation continues to be justified and if so, whether its use can be restricted. Procedure Title: Video Surveillance Procedure Page 5 of 10 Procedure Number: ADM 050-001 Employees and Security Contractor(s) will be made aware that their activities are subject to audit and that they may have to justify their surveillance interest for any given time. Appendix 1 Employee Compliance with Policy Appendix 2 Service Contractor Compliance with Policy Appendix 3 Video Surveillance Guidelines Procedure Title: Video Surveillance Procedure Page 6 of 10 Procedure Number: ADM 050-001 Appendix 1 Employee Compliance with Procedure It is mandatory for authorized employees to comply with the Video Surveillance Procedure and to understand their role and responsibilities as stated in the procedure. Unacceptable, unlawful, or unauthorized use of the video surveillance equipment will result in disciplinary action, and, when appropriate, law enforcement authorities may be notified. Authorized employees are required to sign the acknowledgement below: I acknowledge that I have read and understand the City of Pickering's Video Surveillance Procedure and that I am responsible for complying with this procedure. Employee Name (Please print) Date Signature Procedure Title: Video Surveillance Procedure Page 7 of 10 Procedure Number: ADM 050-001 Appendix 2 Service Contractor Compliance with Procedure It is mandatory for service contractors to comply with the Video Surveillance Procedure, where applicable, and to understand their role and responsibilities as stated in the procedure. Unacceptable, unlawful, or unauthorized use of the video surveillance equipment may result in the termination of the service contract, and where appropriate, law enforcement authorities may be notified. Service Contractors are required to sign the acknowledgement below: I acknowledge that I have read and understand the City of Pickering's Video Surveillance Procedure and that I am responsible for complying with this procedure. I undertake to keep confidential, all information received as a result of the performance of my services to The City of Pickering. Service Contractor (Name & Title) Date Signature Procedure Title: Video Surveillance Procedure Procedure Number: ADM 050-001 Page 8 of 10 Appendix 3 Video Surveillance Guidelines Introduction With the implementation of video surveillance technology; the City is responsible for balancing the benefits of video surveillance to the public against an individual's right to be free of unwarranted intrusion. For this reason, the City will follow these guidelines when justifying the installation and use of current and future Video Surveillance System(s). Considerations Prior to Using a Video Surveillance System • Other measures of deterrence or detection will be considered before being rejected as unworkable (i.e. foot patrols); • Video surveillance cameras will be justified on the basis of verifiable, specific reports of incidents of crime or significant security or safety concerns; • An assessment of the effects that the proposed video surveillance system may have on personal privacy will be conducted in an attempt to mitigate any adverse effects; and • Privacy intrusion will be minimized to that which is absolutely necessary to achieve its required, lawful goals. Considerations for Installation and Placement • Installation will only be identified in areas where it is necessary for detecting and deterring unwanted activity; • Equipment will be installed in such a way that it only monitors those spaces that have been identified as requiring video surveillance. Cameras will not be directed to look through windows of adjacent buildings; • Adjustment of the camera position by City staff will be restricted, if possible, to ensure staff cannot adjust or manipulate them to view areas not intended to be monitored; • Areas where the public and employees have a higher expectation of privacy such as change rooms and washrooms will never be monitored; • Restrict usage to periods when there is demonstrably a higher likelihood of crime being committed and detected in the area under surveillance; • Equipment will be in a strictly controlled access area. Only authorized employees or Security Contractor(s) will have access to the equipment and access area. Notification The public and employees will be notified of the existence of video surveillance equipment through: Procedure Title: Video Surveillance Procedure Page 9 of 10 Procedure Number: ADM 050-001 • The provision of signage o Clearly written signs prominently displayed at the perimeter of the video surveillance areas so that the public and staff have reasonable and adequate warning that surveillance is or may be in operation before entering any area under video surveillance; • The provision of public information pamphlets o Will be available in all areas readily accessible to the public and all locations where video surveillance equipment exists; and • Inclusion in the website. Signage will satisfy the notification requirements under section 29(2) of MFIPPA which 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. Access, Use and Disclosure • All removable devices that are not in use will be dated, labeled, and stored securely in a locked container located in a controlled access area; • Access to the removable devices will only be by authorized employees and Security Contractor(s); and • Logs will be kept of all instances of access to, and use of, recorded information to enable a proper audit trail. References Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 Information and Privacy Commissioner/Ontario Guidelines for Using Video Security Surveillance Cameras in Public Spaces, October 2001 Municipal Act, 2001 Procedure Title: Video Surveillance Procedure Page 10 of 10 Procedure Number: ADM 050-001