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Video Surveillance Policy
Policy Number
POL-40
Effective
October 04 2017
Review Date
Not scheduled
Final Approver
Council
Training Course Code
Not applicable
Document State
CURRENT
1.0 Purpose
This policy applies to the collection, use, disclosure, and disposal of
recorded information collected through video surveillance technology,
which is used to enhance the protection and safety of employees and
the general public, reduce, deter and investigate incidents of
vandalism or criminal activity, and protect property and assets. In this
policy, video surveillance includes any associated audio recordings
captured as part of the video recording process. Where warranted,
the City may use video surveillance systems in and around its
facilities, properties and vehicles.
2.0 Persons Affected
2.1 This policy applies to all employees, including:
2.2 the CMT:
2.3 the Clerk;
2.4 the Corporate Records and Information Officer; and
2.5 Directors.
3.0 Policy Statement
3.1 It is the policy of the City to ensure that:
3.1.1
before video surveillance equipment is installed on a
City facility, property or vehicle the use of the video
surveillance system shall be justified on the basis of:
enhancing the protection and safety of employees and the
general public;
i.
incidents of crime;
ii.
safety concerns;
iii.
reducing, deterring, and investigating incidents of vandalism
or criminal activity; and
iv.
protecting property and assets.
v.
3.1.2
privacy intrusion from video surveillance shall be
minimized;
3.1.3
agreements between the City and any service providers
shall state that the recorded information from the video
surveillance system are under the City's custody and
control and therefore are subject to the Municipal
Freedom of Information and Protection of Privacy
Act (MFIPPA) and other applicable law;
3.1.4
the video surveillance equipment shall be installed in
such a way that monitors only those spaces that have
been identified as requiring surveillance;
3.1.5
video surveillance equipment shall be restricted so that
it cannot be adjusted or manipulated by anyone to
overlook spaces that are not intended to be covered by
the video surveillance system;
3.1.6
video surveillance equipment shall not monitor the
inside of areas where the public and employees have a
higher expectation of privacy (e.g. change rooms and
washrooms);
3.1.7
recorded information is accessed only by authorized
City employees or authorized service providers;
3.1.8
video surveillance Records shall only be used for the
purposes of:
detecting, deterring, and investigating unlawful activity, which
includes possible contraventions of any federal or provincial
law or municipal by-laws;
i.
investigating and resolving personal injury, damage to
assets, and other legal claims; or
ii.
investigating and resolving public complaints received by the
City or matters that may give rise to a customer complaint
being received by the City.
iii.
3.1.9
the monitoring procedures shall be performed based on
the following principles:
video surveillance shall be conducted in accordance with all
applicable law;
i.
video surveillance shall be conducted in a professional,
ethical, and legal manner;
ii.
operators shall be appropriately trained and supervised in the
responsible use of the video surveillance equipment;
iii.
the monitored areas shall have signage advising the public of
the monitoring and recording, and the signs shall identify
someone who can answer questions about the video
surveillance system and include an address and telephone
number for contact purposes;
iv.
the video surveillance system shall not monitor individuals in
any manner which would constitute a violation under the
Ontario Human Rights Code (OHRC); and
v.
Records obtained through the video surveillance system
shall be released only according to the standards set by
MFIPPA and other applicable law. The recordings shall be
handled in a manner that provides continued security of the
recorded information.
vi.
3.1.10
benefits of video surveillance to the public shall be
weighed against an individual's right to be free of
unwarranted intrusion into his or her life;
3.1.11
the video surveillance system shall be operated in
accordance with the principles of MFIPPA and
the collection, use, disclosure, and disposal of related
Records shall be handled in accordance with MFIPPA
and other applicable law;
3.1.12
staff are prohibited from using other methods of
surveillance, such as covert surveillance or the
unauthorized monitoring of computer devices;
3.1.13
a process is in place to allow the public or employees to
make a complaint about the video surveillance system;
3.1.14
employees shall be given verbal or written notice of the
legal authority and the intended purpose(s) for the
collection of their Personal Information;
3.1.15
ownership of the video surveillance Records shall
remain with the City;
3.1.16
any data storage devices that have been retained by
the City, shall be destroyed in an appropriate manner
once the retention period has lapsed in accordance with
MFIPPA and bylaw 2008-182, A By-Law to Adopt the
Recorded Information Management Policy and Records
Retention Schedule;
3.1.17
access to the recorded information is only permitted in
accordance with MFIPPA, other applicable law, and this
policy;
3.1.18
access to the video surveillance Records shall be
restricted to those responsible for the administration of
the video surveillance system and to:
City employees who lawfully require access to the Records
for the purposes of risk management, investigating
complaints from the public, and the processing of personal
injury claims and claims to the damage of assets;
i.
law enforcement agencies by official request where the
Records could assist in an investigation in accordance with
MFIPPA or other applicable law; and
ii.
the people whose images have been recorded and retained
who make a request and are granted access to information
under MFIPPA or other applicable law.
iii.
3.1.19
the Corporate Records and Information Officer be
contacted when a request for video surveillance
Records is received;
3.1.20
when responding to incidents where video
surveillance Records have been viewed or disclosed for
law enforcement or other purposes, the following
information is logged for each incident:
the date of the incident;
i.
the time of the incident;
ii.
the date of the request;
iii.
the name of the requester; and
iv.
the name of the agency (if applicable).
v.
3.1.21
only Personal Information of the person making the
request may be released to a requesting member of the
public;
3.1.22
the Corporate Records and Information Officer be
notified as soon as possible if there has been an
inadvertent disclosure of Personal Information;
3.1.23
the retention period of the video surveillance Records
shall be recorded by the Departmental
Manager/Director responsible for the video surveillance
system; and
3.1.24
where applicable and appropriate, this policy will be
incorporated into training and orientation programs put
on by the City.
Employees
3.2 Any employee who breaches this policy may be subject to
discipline up to and including dismissal.
4.0 Responsibilities
4.1 CMT members members are collectively and
individually responsible for approving and directing compliance
with this policy.
4.2 The Clerk is responsible for resolving any issues or conflicts
relating to this policy.
4.3 The Corporate Records and Information Officer is responsible
for:
4.3.1
implementation, administration, and evaluation of this
policy; and
4.3.2
ensuring that information obtained through video
surveillance is used exclusively for lawful purposes.
4.4 Directors are who use video surveillance systems for their
respective department are responsible for:
4.4.1
ensuring the establishment of Departmental procedures
in accordance with this policy;
4.4.2
documenting the reason for implementation of a video
surveillance system;
4.4.3
maintaining a record of the locations and assets under
video surveillance;
4.4.4
maintaining a record of how long the video surveillance
Records are retained;
4.4.5
maintaining a list of personnel who are authorized to
access and operate the video surveillance system;
4.4.6
maintaining a record of the times when video
surveillance will be in effect;
4.4.7
posting proper signage;
4.4.8
assigning a person responsible for the operation of the
video surveillance system in accordance with this
policy; and
4.4.9
explaining the need to continue with video surveillance
once it has been implemented..
4.5 Employees are responsible for reviewing and complying with this
policy, MFIPPA, and other applicable law, when they perform
their duties and functions related to the operation of the video
surveillance system.
Breach of Policy
4.6 Employees are responsible for compliance with this policy and
shall be aware that any employee who breaches this policy may
be subject to discipline up to and including dismissal.
City
or Corporation means The Corporation of the City of Kingston.
Clerk
means the person appointed by the City as the Clerk in accordance with
section 228(1) of the Municipal Act, 2001.
CMT
means the Corporate Management Team.
MFIPPA
means the Ontario Municipal Freedom of Information and Protection of
Privacy Act, 1990 that governs how the City collects, uses, discloses and
disposes of information and Records.
OHRC
means the Ontario Human Rights Code, R.S.O. 1990, c. H.19
Personal Information
in accordance with MFIPPA, means recorded information about an
identifiable individual, including,
(a) information relating to the race, national or ethnic origin, colour,
religion, age, sex, sexual orientation or marital or family status of the
5.0 Approval Authority
Role
Position
Date
Approved
Subject Matter
Expert
Corporate Records and Information
Officer
07/27/2017
Legal Review
Senior Legal Counsel
08/24/2017
Final Approval
Council
10/03/2017
6.0 Revision History
Effective Date
Revision #
Description of Change
7.0 Appendix
Appendix A - IPC Guidelines for the Use of Video Surveillance
Appendix B - Locations of Video Surveillance Equipment
Related Definitions
individual,
(b) information relating to the education or the medical, psychiatric,
psychological, criminal or employment history of the individual or
information relating to financial transactions in which the individual has
been involved,
(c) any identifying number, symbol or other particular assigned to the
individual,
(d) the address, telephone number, fingerprints or blood type of the
individual,
(e) the personal opinions or views of the individual except if they relate to
another individual,
(f) correspondence sent to an institution by the individual that is implicitly
or explicitly of a private or confidential nature, and replies to that
correspondence that would reveal the contents of the original
correspondence,
(g) the views or opinions of another individual about the individual, and
(h) the individual's name if it appears with other personal information
relating to the individual or where the disclosure of the name would reveal
other personal information about the individual;
Record
means any record of information however recorded, whether in printed
form, on film, by electronic means or otherwise, and includes,
(a) correspondence, a memorandum, a book, a plan, a map, a drawing, a
diagram, a pictorial or graphic work, a photograph, a film, a microfilm, a
sound recording, a videotape, a machine readable record, any other
documentary material, regardless of physical form or characteristics, and
any copy thereof, and
(b) subject to the regulations, any record that is capable of being produced
from a machine readable record under the control of an institution by
means of computer hardware and software or any other information
storage equipment and technical expertise normally used by the
institution;