Admin Policy #2017-12 Video Surveillance System Policy
Digby, Nova Scotia
· adopted 2017-10-02
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Page 1 of 14 Administrative Policy # 2017- 12 Video Surveillance System Policy
Town of Digby
Administrative Policy # 2017-12
Video Surveillance System Policy
1. Purpose:
1.1. Develop a Video Surveillance System Policy that complies with the Freedom of Information and
Protection of Privacy Act.
1.2. Ensure consistency of corporate surveillance.
1.3. Outline the responsible use of Video Surveillance System as it is used for recording, monitoring
and storing video on all properties owned or occupied by the Town of Digby (the "Town") and its
affiliates for the express purposes of enhancing safety and security, preventing and deterring
crime, identifying suspects, and gathering evidence.
2. Scope:
2.1. This Policy applies to the Video Surveillance System and video records administered by the Town;
it does not apply to video recordings gathered in other circumstances (e.g., recordings of Council
Meetings).
2.2. For the purpose of this Policy, the Town environment includes all streets, public places, land and
buildings that are owned or leased by the Town.
3. Definitions:
3.1. Authorized Personnel - means personnel authorized by the Chief Administrative Officer
to operate surveillance equipment and access live or recorded material.
3.2. Chief Administrative Officer - means the Chief Administrative Officer of the Town of
Digby.
3.3. Clerk - means the Clerk of the Town of Digby.
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3.4. Covert Surveillance - refers to the secretive continuous or periodic observation of
person, vehicles, and places or objects to obtain information concerning the activities of
individuals.
3.5. Director - means director or department head of the Town of Digby, and includes RCMP
Staff Sergeant, or Corporal.
3.6. FOIPOP - means the Freedom of Information and Protection of Privacy Act. 1993, c. 5, s.
1.
3.7. MGA - means Municipal Government Act of Nova Scotia
3.8. Overt Surveillance - refers to the non-secretive continuous or periodic observation of
persons, vehicles, places or objects to obtain information concerning the activities of
individuals.
3.9. Personal Information - means recorded information about an identifiable individual
including the individual's name, address or telephone number, the individual's race,
national or ethnic origin, colour, or religious or political beliefs or associations, the
individual's age, sex, sexual orientation, marital status or family status, an identifying
number, symbol or other particular assigned to the individual, the individual's
fingerprints, blood type or inheritable characteristics, information about the individual's
health-care history, including a physical or mental disability, information about the
individual's educational, financial, criminal or employment history, anyone else's
opinions about the individual, and the individual's personal views or opinions, except if
they are about someone else.
3.10.
Privacy Impact Assessment (PIA) - is a process that can be applied to any public
body for the purpose of determining the level of protection and security afforded to
personal information that is collected, used or disclosed in a new modified information
system. The security of information refers to the technical, physical and procedural
measures taken to protect personal information from the time it is collected until a public
body disposes of it.
3.11.
Reception Equipment - refers to the equipment or device used to receive or
record the personal information collected through a surveillance system, including
monitor.
3.12.
Record - a record of information in any form and includes books, letters, vouchers,
and papers and any other information that is written, photographed, recorded or stored
in any manner, but does not include software or any mechanism that produces records.
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3.13.
Storage Device - refers to a videotape, computer disk or drive, CD or DVD or
computer chip used to store the recorded visual images captured by a surveillance
system.
3.14.
Surveillance Equipment - means any closed circuit television cameras and any
other video/image monitoring and recording equipment systems used to monitor and
record public, and restricted areas of property owned or leased by the Town of Digby.
3.15.
Town - means the corporation of the Town of Digby, and as referred to in this
policy shall include all departments and offices which make up the Town of Digby's
administration, as well as any agency of the Town of Digby which has agreed to be bound
by this policy.
3.16.
Video Surveillance System (CCTV) - refers to a mechanical or electronic system or
device that enable continuous or periodic video recording, observing or monitoring of
personal information about individuals in open, public spaces, public buildings or public
transportation, and includes all recorded records collected by same.
4. Policy Statement:
4.1. Subject to this policy, the Chief Administrative Officer has the sole authority to oversee and
coordinate the use of all Video Surveillance Systems on Town of Digby Property.
4.2. The Town recognizes the needs to balance an individual's right to protection of privacy against
the Town's duty to promote a safe environment for all citizens, and to protect town property.
4.3. Video Surveillance Systems under this policy will be designed and operated in a manner that
minimizes privacy intrusion and that is absolutely necessary to achieve the lawful goals of the
Town.
4.4. Video Surveillance Systems are to be used by the Town to record unlawful acts and breaches of
Town security, and public health and safety, to prevent or deter such activities; information
obtained from Video Surveillance Systems are also used to aid law enforcement investigations.
4.5. Personal information obtained through the Town's Video Surveillance Systems will be used for
security, health and safety and law enforcement purposes only. For greater certainly, Video
Surveillance Systems will not be used for employee performance purposes, except as specifically
authorized pursuant to Section 6.5.
4.6. All personal information obtained through the Video Surveillance System is confidential and will
only be viewed or released as per Sections 6.6 & 6.7 of this policy.
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4.7. This Policy is intended to assist the Town in deciding whether collection of personal information
by means of surveillance camera is both lawful and justifiable, and if so, in understanding how
privacy protection measures can be built into the use of surveillance system.
4.8. It is recognized that each situation has unique needs and practices. While these requirements
will remain, it is necessary to standardize Town procedure in the order that all citizens have an
expectation of consistency, regardless where the equipment is installed.
4.9. Authorized Personnel involved in the use of the Video Surveillance System will be appropriately
trained and supervised in the responsible use of the System.
4.10.
All existing uses of Video Surveillance Systems will be brought into compliance with this
policy within twelve months of the approval of this policy.
5. Responsibilities:
5.1. Town Council is responsible for:
5.1.1. Approval of this Policy and any subsequent amendments.
5.2. Chief Administrative Officer is responsible for:
5.2.1. Oversee and coordinate the use of all Video Surveillance Systems on Town of Digby
Property.
5.2.2. Ensuring the requirements of this Policy are adhered to.
5.2.3. The approval of the installation of video cameras on all Town owned and leased
properties.
5.2.4. Monitoring the effectiveness of the Policy, and to recommend changes to the
policy where considered appropriate.
5.3. Authorized Personnel are responsible for:
5.3.1. Establish and maintain an internal reporting network relating to control
mechanisms and advise the Chief Administrative Officer;
5.3.2. Budget for the cost of the video surveillance requirements;
5.3.3. Ensure Privacy Impact Assessment are conducted on new surveillance initiatives
and on significant upgrades to existing surveillance systems;
5.3.4. Inform the Chief Administrative Officer of:
5.3.4.1.
Proposed changes to authorized video surveillance which may affect Town
Security;
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5.3.4.2.
Proposed changes in internal reporting network relating to proposed
installation of new surveillance system equipment that may be affected by this
Policy.
5.3.4.3.
Any new legislation pertaining to the use of video surveillance that
requires to be incorporated into this Policy.
5.3.5. Review all proposed changes to existing Video Surveillance systems and newly
proposed systems to ensure that they meet all the requirements of this Policy.
5.4. Employees are responsible for:
5.4.1. Review and comply with this Policy in performing their duties and functions
related to the operation of a surveillance system;
5.4.2. Attend training relating to this Policy, where available.
6. Procedures:
6.1. Privacy Impact Assessment (PIA):
6.1.1. A PIA shall be conducted on the effects that the proposed video surveillance
system may have on personal privacy and the ways in which any adverse effects can
be mitigated;
6.1.2. The following steps must be considered:
6.1.2.1.
A Security Threat Assessment (Schedule 1) shall be completed.
6.1.2.2.
The use of video surveillance cameras should be justified on the basis of
verifiable, specific reports of incidents of crime or significant safety concerns;
6.1.2.3.
A video surveillance system should only be considered after other
measures of deterrence or detection have been considered and rejected as
workable;
6.1.2.4.
The proposed design and operation of the video surveillance system
should minimize privacy intrusion.
6.2. Public Consultation:
6.2.1. The Town acknowledges the importance of public consultation when new or
additional video surveillance systems are considered for Town owned buildings and
properties. The extent of public consultation may vary depending on the extent of
public access.
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6.2.2. When new or additional video surveillance installations are being considered for
open public spaces such as streets or parks, the Town shall consult with relevant
stakeholders and the public to determine the necessity and acceptability. When new
or additional video surveillance are being considered for Town owned or operated
buildings to which the public are invited, such as a library, art gallery, or Town Hall,
notice shall be provided at the site with an opportunity for public feedback. When
new or additional systems are contemplated inside town buildings or parking lots
where there may be a high security risk to staff or clients, consultation shall not be
required.
6.3. Designing and Installing Surveillance Equipment:
6.3.1. Video surveillance currently recorded by the Town is stored directly to hard drives.
Other methods of recording/storage are acceptable provided requirements of this
policy are met.
6.3.2. Given the open and public nature of the Town's facilities and the need to provide
for the safety and security of employees, clients and the general public who may be
present at all hours of the day, the video surveillance systems may operate at any
time in a 24 hour period.
6.3.3. Reception equipment such as video cameras may be installed in identified public
areas where surveillance is a necessary and viable detection or deterrence activity.
6.3.4. Reception equipment shall not be positioned, internally or externally, to monitor
areas outside a building, or to monitor other buildings, unless necessary to protect
external assets or to ensure personal safety. Cameras should not be directed to look
through the windows of adjacent buildings.
6.3.5. Equipment shall not monitor areas where the public and employees have a
reasonable expectation of privacy e.g. showers, restrooms.
6.3.6. Consideration should be given to the use of surveillance being restricted to
periods when there is a demonstrably higher likelihood of crime being committed
and detected in the area under surveillance. Only authorized personnel shall have
access to the system's controls and to its reception equipment.
6.3.7. Reception equipment should be in a controlled access area. Only the authorized
personnel shall have access to the reception equipment. Video monitors shall not be
located in a position that enables public viewing.
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6.4. Public Awareness of Cameras:
6.4.1. The public must be notified, using clearly written signs prominently displayed at
the entrance to and the perimeters of surveillance areas, so the public has ample
warning that surveillance is or may be in operation before entering any area under
surveillance.
6.4.1.1.
The notification requirements of the signs must inform 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 the individual who can
answer questions about the collection. (Schedule 2)
6.4.2. In addition, the notice may also be provided via the Town of Digby Website.
6.5. Covert Surveillance:
6.5.1. Covert surveillance will be used only in exceptional cases and only with the
approval of the Chief Administrative Officer.
6.5.2. Where it appears that a covert surveillance may be required the Director will first
conduct an assessment of the specific circumstances of the situation and make a
recommendation to the Chief Administrative Officer.
6.5.3. The Director's assessment must demonstrate that covert surveillance is the only
available option in the circumstances, that the benefits derived from the information
obtained far outweigh the violation of privacy of the individuals observed and that
the covert surveillance is not otherwise in violation of the law.
6.5.4. Surveillance equipment will be positioned in a way that minimizes unnecessary
surveillance (e.g. in the case of ongoing computer theft problem, the camera will be
positioned so that individuals will be recorded only if they approach the equipment
of concern).
6.5.5. In all cases, covert surveillance will be time-limited.
6.6. Request to View Live or Recorded Information:
6.6.1. Only authorized personnel are permitted to operate surveillance equipment and
access live or recorded material. However in exceptional circumstances the Chief
Administrative Officer may designate other individuals (RCMP members) to operate
surveillance equipment and access live or recorded material.
6.6.2. Notwithstanding section 6.6.1 all requests by Town of Digby staff or law
enforcement agencies to view live or recorded information must be made to and are
subject to the approval of the Chief Administrative Officer. Where the permission is
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granted to view live or recorded information, that information must be viewed in
the presence of authorized personnel.
6.6.3. All other requests to view recorded information must be made as a FOIPOP
application to the Clerk.
6.6.4. The Chief Administrative Officer and /or Clerk can be contacted by Email:
[email protected], Phone: 902-245-4769, or Mail: PO Box 579 Digby NS. B0V 1A0.
6.7. Personal Access to Information Request Process:
6.7.1. The Town recognizes that an individual whose personal information has been
collected by a video surveillance system has a right to access his or her personal
information under FOIPOP.
6.7.2. All inquiries related to or requests for video surveillance records shall be directed
to the Clerk. A person requesting access shall follow the procedure for obtaining
access as per Section 6 of FOIPOP or Section 466 of the MGA. Processing of the
request will be in accordance with the provisions of FOIPOP and the MGA.
6.7.3. If the access to a video surveillance record is required for the purpose of a law
enforcement investigation, the requesting Officer must complete the Town's Law
Enforcement Officer Request Form and forward it to the Clerk.
6.8. Custody, Control, of Video Records/Recordings
6.8.1. The Town of Digby retains custody and control of all original video surveillance
records. Video records are subject to the access and privacy requirements of FOIPOP
and the MGA, which includes but is not limited to the prohibition of all Town Staff
from access or use of information from the video surveillance system, its
components, files, or data base for personal reasons.
6.8.2. Short retention periods minimize risk of improper use and disclosure. The Town's
video recorders continually record for a period of up to 30 days depending on the
recording device and technology before recording over data.
6.8.3. A record of incident will only be retained on an external storage device where it
may be required as part of a criminal, safety, or security investigation or for
evidentiary purposes. The record of incident shall be copied from the hard drive onto
an external storage device that cannot be over written and stored securely in a
locked receptacle located in a controlled access area.
6.8.4. All storage devices that are not in use shall be stored securely in a locked
receptacle located in a controlled access area. All storage devices that have been
used shall be numbered and dated.
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6.8.5. Access to storage devices shall only be by authorized personnel.
6.8.6. A logbook will be kept with regard to the use of each external storage device. The
authorized personnel will take control of the external storage device in question and
secure it in a sealed envelope with the time and date of the seizure and initials of
the authorized personnel on the seal of the envelope.
6.8.7. A logbook shall be kept by Authorized Personnel with regards to the use of
Surveillance Equipment. The logbook shall reflect all instances where:
6.8.7.1.
Authorized Personnel or person designated under Section 6.6.1 views a
recording.
6.8.7.2.
A request is made to view a video record/recording,
6.8.7.3.
The Chief Administrative Officer denies a request to view a video
record/recording and the reasons for the denial,
6.8.7.4.
The Chief Administrative Officer permits an individual to view a recording
(this will include the reasons the request was granted, who viewed the
recording, when, and identify the Authorized Personnel who was present
during the viewing), and
6.8.7.5.
A request for Release of Record to Law Enforcement Agency (Schedule 3)
6.8.7.6.
The Chief Administrative Officer releases a record to a Law Enforcement
Agency.
6.8.8. Personal information stored on an external storage device used for law
enforcement, safety, or security investigation or for evidentiary purposes shall be
retained for one year after its use.
6.8.9. Video records requested by the RCMP for investigation purposes shall be copied
on an external storage device and kept secure by the Authorized Personnel until it is
retrieved by the RCMP. Following the investigation and any corresponding legal
action the RCMP shall be required to destroy the video record.
6.9. Unauthorized/Inadvertent Disclosure:
6.9.1. A person who becomes aware of any unauthorized or inadvertent disclosure of a
video record in contravention of this Policy should immediately notify the Chief
Administrative Officer.
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6.9.2. After this disclosure is reported the Chief Administrative Officer shall confirm the
existence of the disclosure.
6.9.3. Upon confirmation of the existence of the disclosure, the Chief Administrative
Officer will make reasonable efforts to mitigate the extent of the disclosure, take all
reasonable actions to recover the video record, review the adequacy of privacy
protection with the existing policy, and, where required, notify the affected parties
whose personal information was inappropriately disclosed.
6.9.4. Intentional unauthorized disclosure, or disclosure caused by negligence, by
employees of the Town may result in disciplinary action up to and including
dismissal. Intentional unauthorized disclosure, or disclosure caused by negligence,
by service providers to the Town, may result in termination of their contract.
6.10.
Retention and Disposal of Video surveillance record:
6.10.1. The Town of Digby Video Surveillance System(s) continually record for a period of
up to (30) days depending on the recording device and technology before recording
over data. Video records shall not be retained on an external storage device unless
in accordance with Section 6.8.3.
6.10.2. A record retained on an external storage device in accordance to Section 6.8.3
shall be retained for a period of (1) one year.
6.10.3. The Town will take all reasonable efforts to ensure the security of records in its
control/custody and ensure their safe and secure disposal.
6.10.3.1. Storage devices must be securely disposed of by shredding, burning or
magnetically erasing the information.
Clerk's Annotation for Official Policy Book
Date of Notice:
September 18, 2017
Date of adoption:
October 2, 2017
Policy effective date:
October 2, 2017
I certify that this Video Surveillance System Policy was adopted by Council as indicated above.
October 3, 2017
Clerk
Date
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Schedule 1 - Surveillance Video Security Threat Assessment
To Determine the Requirements for a Video Surveillance System
Site Name: ____________________________________________________________________________
Location: _____________________________________________________________________________
Proposed Video Location: ________________________________________________________________
Requestor: ____________________________________________________________________________
Department: __________________________________________________________________________
Date: ___________________________________________
1. Is there already a video surveillance and/or Camera on site? If So, please describe and advise if their
set-up adheres to the Town of Digby's Video Surveillance System Policy. (use Separate Page if
Required)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
2. Video Surveillance should only be considered after other measures of deterrence or detection have
been considered and rejected as unworkable. Have the following security counter measures been
considered and rejected as unworkable?
Security Counter Measure
Yes
No
Comments
a) Security Procedures
_______________________________________
b) Duress Buttons
_______________________________________
c) Door Locking Hardware
_______________________________________
d) Alarm System
_______________________________________
e) Access Control Panel
_______________________________________
f) Signage
_______________________________________
g) Security Guard/Officer Patrols
_______________________________________
h) Lighting
_______________________________________
i)
Other
_______________________________________
3. The use of each video surveillance camera should be justified on the basis of verifiable, specific reports
of incidents of crime of significant safety concerns, Are there any documented incidents of crime or
significant safety concerns in any of the following formats?
Documentation Formats
Yes
No
Comments
a) Security Occurrence Reports
_______________________________________
b) Police Reports
_______________________________________
c) H&S Committee Minutes
_______________________________________
d) Internal Memos
_______________________________________
e) Other
_______________________________________
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4. An assessment should be conducted on the effects that the proposed video surveillance system may
have on personal privacy and the ways in which adverse effects can be mitigated. Have the following
effects and mitigation strategies been considered?
Effects & Mitigation Strategies
Yes
No
Comments
a) The location of the proposed camera is situated in an area that will minimize privacy intrusion?
_______________________________________
b) Is the proposed camera location one where the public and employees do not have a higher
expectation of privacy (i.e. not in washroom or change room etc.)?
_______________________________________
c) Is the location of the proposed video camera visible?
_______________________________________
d) Can the video surveillance be restricted to the recognized problem area?
_______________________________________
e) Is space allocated for proper video surveillance signage?
_______________________________________
f) Has a drawing been attached showing the Camera location?
_______________________________________
g) Other
_______________________________________
5. The proposed design and operation of the video surveillance system should minimize privacy
intrusion. Have the following design and operation factors been considered for each proposed camera
location?
Measure to Mitigate Effects
Yes
No
Comments
a) Can the proposed camera be restricted through hardware or software to ensure that operators
cannot adjust or manipulate cameras to overlook spaces that a threat assessment has not been
completed for?
_______________________________________
b) Is the reception equipment going to be located in a strictly controlled access area?
_______________________________________
c) Can Video Surveillance Monitor be installed in such a way that it will be hidden from public view?
_______________________________________
d) Other
_______________________________________
Comments:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
_____________________ ___________________
_____________
_____________
Completed by (Print)
Signature
Date
Position Title
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Schedule 2 - Public Awareness of Cameras
NOTICE
This area may be monitored by Video Surveillance Cameras (CTTV)
The personal information collected by the use of the CTTV is collected under the
authority of the Municipal Government Act, 1998. This information is used for the
purpose of security, promoting public safety and the reduction of crime at this site.
Questions about the collection of the personal information may be addressed to
the Chief Administrative Officer of the Town of Digby, PO Box 579, 147 First
Avenue, Digby NS B0V 1A0
Phone: 902-245-4769
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Schedule 3 - Law Enforcement Officer Request Form
Release of Record to Law Enforcement Agency
(Under Section 27 (m) of the Freedom of Information and Protection of Privacy Act)
To: Town of Digby
I, ___________________________, of the ______________________________
Print Name of Police Officer
Print Name of Police Force
Request a copy of the following record(s):
Date: ___________________ Time Period: _____________ to _______________
Municipal Facility: ____________________________________________________
To aid an investigation undertaken with a view to a law enforcement proceeding or from which
a law enforcement proceeding is likely to result.
I confirm that the record will be destroyed by the RCMP after use by the agency.
__________________________ _____________
_______________
Signature of Officer
Badge #
Date
Return completed original forms to the Clerk at the Digby Town Hall 147 First Avenue Digby
NS. B0V 1A0
I ________________________ consent to; Refuse; this release of record.
Chief Administrative Officer
____________________________
Signature
Personal information is collected under the authority of the Municipal Government Act for the purpose of creating
a record relating to the release of a video surveillance record to a law enforcement agency. Questions about the
collection of the personal information may be addressed to the Chief Administrative Officer of the Town of Digby,
PO Box 579, 147 First Avenue, Digby NS B0V 1A0 Phone: 902-245-4769