Fly-tipping deployable camera scheme policy
Plan owner and sponsor
- Policy Owner: Jamie Wickes. Responsible for collation, policy management and updates
- Policy Sponsor: Zoe Court. Responsible for policy promotion and endorsement
Amendments
All amendments must be submitted to the policy owner using the form in Appendix A
Review process
The policy will be reviewed:
- At least annually from the implementation date on the cover
- After any deployment that requires a review of the policy
1. Introduction
1.1. This protocol is to control the management, operation, use and confidentiality of the Fly-Tipping Warwick District Council Deployable Camera Scheme.
1.2. The protocol will be subject to periodic review following consultation with interested parties to ensure that it continues to reflect the public interest and that it and the scheme meets all legislative requirements.
1.3. The scheme will be under the control of the Warwick District Council waste enforcement team.
1.4. All interested parties will be updated on a regular basis of camera location, general use and ensure the scheme meets its objectives.
1.5. This system is for overt use in company with appropriate CCTV signage.
2. Background
2.1. This scheme is to provide deployable cameras across Warwick District to prevent/capture fly-tipping.
2.2. Equipment Pool: The scheme utilises wireless redeployable cameras, which can be viewed using the Vodaphone Smart Camera Viewing Portal. The cameras are from a company called Idefigo and are IDPRO-KIT-03 cameras. The date and time are stamped on the images. The images are saved on the viewing portal and can be overwritten and will automatically clear after 30 days.
2.3. Overall responsibility for the scheme rests with Warwick District Council.
2.4. All recorded material and copyright thereof are owned by Warwick District Council, securely stored and are subject to an audit trail.
3. Statement of Purpose
3.1. To provide a safe and secure environment for the benefit of those who might live or work in or visit Warwick District. The system will not be used for covert purposes or to invade the privacy of any individual in residential, business or other private premises, buildings or land. Privacy blocks will be utilised where required. This will Considered during the Privacy assessment, by the waste enforcement officer who arranges the installation.
3.2. The scheme will only be used for the following purposes:
- To prevent, and detect environmental crime
- To reduce threat, harm and risk
- To reduce the fear of crime and reassure the public
- To identify, apprehend and prosecute offenders in relation to fly tipping and littering.
- To provide Warwickshire Police, Warwick District Council, Warwickshire County Council, Fire and Rescue Services and Probation Service with evidence upon which to take criminal and civil actions in the Courts
3.3. The scheme will be operated within the law and only for the purposes for which it is intended, or which are subsequently agreed in accordance with the Deployment Protocol. It recognises the privacy of the individual, and the need to ensure the security and integrity of operational procedures, in line with the relevant legislation and guidance such as the Surveillance Camera Commissioner 12 Guiding Principles, the CCTV Code of Practice, Human Rights and Freedom of Information / Environmental Information Regulations (FOIA/EIR).
3.4. The camera system may be deployed at any location within the geographical area of the Warwick District.
4. Protection of the Individual
4.1. The system will be operated in accordance with the relevant legislation for the protection of civil liberties and in particular the Data Protection Act 2018/GDPR, the Human Rights Act 2004 (HR), the Freedom of Information Act 2000 / Environmental Information Regulations (FOIA/EIR), the Regulation of Investigatory Powers Act 2000 (RIPA), the Surveillance Cameras Commissioner and the 12 Guiding Principles and the scheme’s Code of Practice.
5. Changes to the Protocol
5.1. A major change that would have a significant impact on the protocol or operation of the scheme will take place only after consultation with interested parties and subsequent approval by the Head of neighborhood services.
5.2. A minor change may be agreed by senior representatives with a participatory role in the operation of the scheme.
6. Responsibilities of the Owners of the Scheme
6.1. Warwick District Council will be responsible for the implementation of the protocol and will ensure compliance with operational guidance. Warwick District Council will also ensure compliance with requirements for accountability. The procedure where breaches of the Code occur is set out in paragraph 14 below.
6.2. When appropriate, Warwick District Council will consult with and provide information to the public about the operation of the scheme and about any proposed major changes to the scheme or protocol.
6.3. Warwick District Council will ensure that details of camera locations and deployments are shared with nominated representatives from the relevant Responsible Authorities such as:
- Warwickshire County Council
- Warwickshire Fire and Rescue
- Public Health, Warwickshire County Council
- Warwickshire Police
- Probation
7. Management of the System
7.1. The day-to-day management of the scheme and enforcement of the protocol requirements are the responsibility of Warwick District Council Contract Development and Enforcement Officer or their delegated representative at Warwick District Council.
7.2. All liaisons will be through the Warwick District Council Contract Development and Enforcement Officer or their delegated representative at Warwick District Council.
7.3. A CCTV security system prevents anti-social behavior and crime largely by increasing the risk of detection and prosecution of an offender. It is vital that any equipment used has the capacity to record evidence that will be acceptable for use at Court hearings. The following guidelines must be read and understood by all those involved in delivering the service. Where instructions are included it is essential that they be strictly adhered to so that the evidence is not rendered inadmissible.
- Equipment: Each video recorder contains a built-in date/time generator. Each operator must test the accuracy at the start and end of each deployment.
- Recording Material: Recording material containing evidence required at Court become exhibits and the number of people handling them must be kept to a minimum. Each person handling such recording material required for evidence at Court will be required to make a short statement and sign an exhibit label. Any such material will be stored securely by Warwickshire Police/Warwick District Council. When any officer from Warwickshire Police/Warwick District Council is attending Court that person must be able to explain procedures in respect of the issuing, storage and security of recording material.
8. Deployment
8.1. Requests from police will come from police tasking meetings, from intelligence and data analysis, and from Partnership Problem Solving meetings. Each request will require partners to demonstrate what other interventions have already been investigated /actioned. If all other interventions/actions have been explored and proven unsuccessful, a Needs Assessment form will be required to be completed by the person requesting the deployment (Appendix A). This will be discussed by partners/colleagues as appropriate, based on supporting intelligence information. The final decision to agree or decline deployment will be made by the WDC Waste Enforcement team and the reason for that decision will be given to partners.
8.2. A request from another WDC Service Area or from a councillor for deployment of a Fly-Tipping CCTV camera will be put forward to the Warwick District Council Waste Enforcement Team. Each request will require a demonstration of what other interventions have already been investigated /actioned. If all other interventions / actions have been explored and proven unsuccessful a Needs Assessment form will be required to be completed by the Councillor (Appendix A). This will be discussed by partners/colleagues as appropriate, based on supporting intelligence information. The final decision to agree or decline deployment will be made by the WDC Waste Enforcement team and the reason for that decision will be given to the person making the request.
9. Accountability
9.1. The Protocol is a public document and will be made available to members of the public on request.
9.2. Police and any of the other responsible authorities will be informed and advised of the Protocol and be asked to operate within the spirit of this document.
10. Public Information
10.1. Signs clearly indicating that CCTV surveillance is in operation will be displayed at key positions on the perimeter of the camera location and at intervals within the operational area. The signs will allow people entering the area to make a reasonable approximation of the area covered by the camera. The signs will identify the owners of the scheme and include a QR code which will link to contact details as well as the purpose of the scheme. This will be conducted in accordance with current legislative requirements.
10.2. Any install will always be overt surveillance unless a RIPA Regulation of Investigatory Powers Act 2000 is authorised by the relevant Senior Responsible Officer or Police.
11. Residential Property in the Surveillance Area
11.1. The scheme will operate in a manner that is sensitive to the people living, working and visiting in the area. Camera operators will receive training in the varying degrees of privacy afforded to public, semi-public, and private premises within a mixed commercial and residential area.
11.2. Some residents may express concerns about the use of the system in relation to private property. They will be initially responded to by letter, phone or any other means of communication that explains the operation of the system and the safeguards that prevent its use in relation to private property. If the communication fails to satisfy the individual, the issue will be forwarded to the Warwick District Council Contract Services Manager for appropriate action.
11.3. It needs to be recognised that the siting or purpose of the camera may contravene Regulatory of Information Powers Act 2000 (RIPA) (in full first). Therefore, at each location a Risk Assessment will be required to gauge the effects on individuals and check for intrusive/ non-intrusive surveillance and general/targeted surveillance. This will be conducted by the Warwick District Council Waste Enforcement Team.
11.4. Where cameras are deployed on property accommodating or owned by third parties their written permission will be obtained indicating that they have had the implications of the deployment explained to them including if evidence is later used against suspects.
12. Complaints
12.1. Complaints will be dealt with through the Warwick District Council Complaints Procedures.
13. Breaches of the Protocol
13.1. Breaches of the Protocol by Officers will be dealt with in accordance with the Warwick District Council’s Grievance and Disciplinary Procedures.
13.2. Breaches of data or suspected breaches of data pursuant to the Data Protection Act 2018 will be handled by Warwick District Councils Incident Security Management Policy/Joint Data Breach Policy.
13.3. The agency using the system are responsible for the security of the system. Breaches of security will be investigated in the same way as Breaches of the Protocol.
13.4. When a serious breach of the Protocol or security occurs, Warwick District Council may appoint an independent person to investigate and make recommendations.
14. Control and Operation of the Cameras
14.1. Only properly and adequately trained Waste Enforcement Officers will have access to the cameras.
14.2. The use of the cameras will be solely in accordance with the purpose and objectives of the scheme and will not be used for any purpose whereby the privacy of an individual would be compromised, other than when appropriate authority has been obtained.
14.3. The monitoring of the cameras needs to be conducted on the equipment/online portal provided as part of the scheme.
14.4. Demonstrations of the system for lawful, proper and sufficient reason will only be carried out with the approval of the day-to-day managers of the system.
15. Review of Footage & producing evidence
15.1. Viewing requests by police will be made to the Waste Enforcement Team via the standard protocol. The viewings will be conducted by the Waste Enforcement Team for a reasonable review period. Any viewings of a significant time frame may be conducted by the police under the supervision of the Waste Enforcement team.
15.2. Viewing requests by Councillors / colleagues / partners / external agencies will be made directly to the Waste Enforcement team. The viewings will be conducted by the Waste Enforcement team and subject to the time frame required to be reviewed.
15.3. It is not possible for members of public to review images unless an application is submitted under the Data Protection Act 2018, Freedom of Information Act 2000 (FOIA/EIR). The officer receiving an application will consider the rights of access pursuant to DPA/FOIA/EIR and relevant data protection legislation. More information on the Warwick District Council privacy notice can be found here. - Your information rights - Warwick District Council privacy notice.
15.4. Footage required to be burnt to disc or sent via secure email and will be done by the Waste Enforcement team and will require the standard evidence trail which includes a unique reference number with relevant release paperwork, details of person requesting the footage and for what reason.
16. Recording Media and Recorded Material
16.1. Recorded material will only be used for the purposes defined in the Protocol and access to recorded material restricted as defined. No recorded material will be made available for sale or entertainment purposes.
16.2. Recording equipment will be checked and tested when an officer starts a period of deployment.
16.3. A record will be kept for each deployable camera by the Waste Enforcement team. The record will indicate the date and time each camera is viewed on the online portal.
16.4. Access to recordings may be obtained in connection with civil disputes by Court Order or extended to lawyers acting for defendants or victims in connection with criminal proceedings in conjunction with the Police. No other access will be allowed unless approved by the Waste Enforcement team at Warwick District Council for the reasons which fall within the purpose and objectives of the scheme.
16.5. Data will be retained in accordance with the industry standard of 31 days.
17. Dealing with Incidents
17.1. Incidents or suspicious circumstances that fall within the purposes of the system shall be referred to the Police in accordance with agreed procedures. Any subsequent action will follow further instruction.
17.2. For any recording material to be used as evidence in criminal proceedings there must be evidence of continuity of handling of the recording material from the time it was first brought into use to its production in Court as evidence. Section 15 above covers logging procedures. The recording material will be always kept secure thereafter and will be recorded and dealt with in accordance with safeguarding Police procedures.
17.3. The recording material exhibited in Court as evidence must be the original recording. There must be no editing, either by cutting or splicing or recording from other sources. However, while the original recording material is in police possession, Warwickshire Police may take one working copy of the recording and a second copy to be used as disclosure material to the defence. Written statements will be required as supporting evidence on copying and other handling of the recording material.
18. Subject Access
18.1. Access to and disclosure of images and other data to third parties shall be in accordance with the requirements of the Data Protection Act.
18.2. Requests must be in writing and accompanied by sufficient information to enable the individual to be identified on the recording. Sufficient information must be supplied to enable the relevant recording to be located including a specific date and reasonable time window.
18.3. The Warwick District Council Waste Enforcement Team will respond within 31 calendar days.
18.4. All employees associated with the CCTV System shall be made aware of the restrictions set out in this Protocol relating to access to, and disclosure of, recorded data to third parties.
18.5. Disclosure of recorded data to third parties shall only be made for the following purposes:
18.6. All requests for access or disclosure shall be recorded and channelled to the Warwick District Council Waste Enforcement Team at Warwick District Council. If access or disclosure is denied, the reason shall be documented.
18.7. Where images of individuals are disclosed, the Controller shall decide whether images of third parties are held under a duty of confidence.
18.8. Where third party images are not to be disclosed, the images of individuals shall be blurred or disguised so that they are not readily identifiable.
- To Law Enforcement Agencies where recorded data would assist in a specific criminal enquiry.
- To Prosecution Agencies
- To relevant legal representatives
- To persons whose data has been recorded and retained - unless disclosure to the individual would prejudice criminal enquiry or criminal proceedings.
Appendix A
Appendix A includes:
- Amendment form
- Advice of change form: deployable mobile camera policy
- Amendment record