North Shore City Council draft CCTV policy
Requirements
Need for CCTV
- Any new CCTV system or cameras will be installed only where doing so is in accordance with the rationale, purposes and guidelines of this policy.
- Information will be gathered to help verify whether or not there is a need for any proposed new CCTV installations not covered by the attached schedule
- Prior to installation of any new CCTV system or cameras, the Council will carry out such consultation as is appropriate (in accordance with Part 6 of the Local Government Act 2002) given the circumstances and nature of the proposed CCTV system or cameras.
- For existing and new CCTV systems and cameras, the Council will maintain a log detailing access to CCTV, the purpose of access and the operator.
- The need for CCTV, and its effectiveness, detailing CCTV use and any issues relating to its deployment will be reviewed within 3 years and then reported to the Privacy Commissioner as appropriate or required.. The policy itself will be reviewed every five years, and the review shall include evidence for or against ongoing need, quantified benefits and public consultation.
Fair use of CCTVs
- Signage advising of CCTV installation will be installed on entries to the areas of camera coverage.
- CCTV coverage will not include private areas within public spaces and facilities (e.g. locker rooms).
- CCTV coverage will not be directed at private property, or land designated for Defence or Correctional facilities, without the prior consent of the occupant(s), although some incidental coverage of private property may be unavoidable (eg background to a road, private property immediately adjacent to Council property).
- Covert systems will not be employed unless at the direction of the Police under an appropriate authority or for the Council's internal purposes where there is strong suspicion of criminal activity, or misconduct which may give rise to a health or safety risk to any person or damage to the environment, and which cannot be detected by other means.
Purpose of CCTV/Use of recorded material
- CCTV will only be installed and used for any one or more of the following purposes: property protection; safety and security of public, Council, their staff and contractors; transport management; council by-law enforcement, to assist in the operational effectiveness and safety of Council facilities or services; law enforcement.
No Disclosure
- The Chief Executive and Council Privacy Officer, or officers delegated that responsibility by them, may approve persons or entities that data may be disclosed to. A list of all approved persons or entities will be maintained by Council.
- Except as provided below under the Local Government Official Information and Meetings Act 1987 (LGOIMA) or as authorised by the Privacy Act, CCTV data will not be disclosed to any person or organisation other than the approved persons listed.
- Police may be given access to the data as required or requested for law enforcement purposes. The Police's use of any data will be governed by the Privacy Act.
- CCTV data may include information covered by the Local Government Official Information and Meetings Act 1987 (LGOIMA). In deciding on any official information request under LGOIMA for CCTV data the Council will pay particular regard to the privacy interests of individuals. Such release would not generally be one of the purposes for which the information was collected.
- Any data released must be authorised by the Chief Executive and Council Privacy Officer, or officers delegated that responsibility by them.
Storage and security
- The Council will supplement this policy with Operational Guidelines dealing with (amongst other things):
(a) the secure storage of CCTV data;
(b) protocols regarding access to and use of CCTV data within the Council;
(c) the process for and identification of appropriate "approved persons" within the Council (including any contractor providing services relating to CCTV cameras) with specified levels of authority in relation to access to and use of CCTV data; and external persons or entities to whom data can be released;
(d) the period/s that CCTV data will be retained;
(e) disposal and erasure of any CCTV data;
(f) provisions relating to contractors providing services in connection with CCTV cameras.
- No recorded images or sound will be removed from the system, or copied, unless approved by an approved person (as specified in clause 11). This is to be recorded in the system log, once authorisation has been obtained.
- Any system misuse will be reported in writing to the relevant approved person and the manager responsible for the business unit, for appropriate action.
- System checks will be carried out regularly. Any defects will be remedied as soon as practical.
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