CCTV, Audio Recording and Bodycam Policy
Practice Address – MobiVET Ltd, 68a Bridgend Road, Aberkenfig, Bridgend, CF32 9AP
Company Address – 68a Bridgend Road, Aberkenfig, Bridgend, CF32 9AP
Key Points
- When bodycams to include “GoPros”, and/or microphones, are worn to gather material, anyone who might be recorded should normally be aware they are being used.
- When the use of body worn cameras and microphones may not be apparent, alerting those who may be recorded should be considered.
- If individuals are not aware they are being recorded by body worn cameras or microphones this amounts to secret recording.
- Secret recording must have a public interest justification which warrants the breach of privacy. Appropriate approval for secret recording must be obtained in advance.
- The Data Protection Guidelines state that: Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission must be referred in advance to the clinical director, who will consider: the public interest in the material gathered in this way; what measures have been taken to ensure that there is no unjustified infringement of privacy; whether there is adequate technical provision for ensuring that the recording equipment is under MobiVET Ltd.’s control.
- Great care should be taken over the use of body camera material and microphones and other material recorded on unobtrusive devices and supplied by third parties. There may be issues of privacy, accuracy, anonymity, offence, or legal issues such as defamation, contempt of court or data protection.
Introduction
Our surgery and Veterinary teams use closed circuit television (CCTV) images to provide a safe and secure environment for employees and for visitors to our premises, such as clients, contractors and suppliers, and to protect our property.
We also use BT communications audio recording software on our telephones.
We also use CCTV and Audio Recording Bodycams, accompanying our lone working veterinary professionals during works completed under the contract of MobiVET Ltd.
This policy sets out the use and management of the CCTV equipment and images in compliance with the Data Protection Act 1998 and the CCTV Code of Practice.
The policy has regard to the Information Commissioner’s guidance ‘In the picture: A data protection code of practice for surveillance cameras and personal information’ and the Home Office ‘Working Technical Guidance for Body Worn Video Devices ’.
Purposes of CCTV
The purposes of the Surgery installing and using CCTV and audio, and the Veterinary Teams wearing Bodycam systems include:
- To ensure the safety of clients, pets and staff
- To ensure that health and safety rules and Surgery procedures are being complied with
- Dispute resolutions (complaints against staff)
- To assist with the identification of unauthorised actions or unsafe working practices that might result in disciplinary proceedings being instituted against employees and to assist in providing relevant evidence.
- To monitor the security of the business premises
- To promote the safety of the lone working staff
Location of cameras
Cameras are located at strategic points throughout the surgery, principally in consult rooms and surgery. MobiVET Ltd has positioned the cameras so that they only cover communal or public areas on the business premises, and they have been sited so that they provide clear images. No camera focuses, or will focus, on toilets.
Bodycams are located clearly on the front body of the staff member wearing the equipment.
All cameras are clearly visible.
Appropriate signs are prominently displayed so that employees, clients, and other visitors are aware they are entering an area covered by CCTV.
Appropriate yellow stickers are displayed on the Bodycam equipment for clear indication of Audio and Video Recording.
All individuals that will be within recording distance of the Bodycam will be clearly advised of the intent to record and store data.
Body Worn Cameras and Microphones Used By Staff
When recording video or audio content that involves wearing body cameras it is important that those being filmed are made aware of it so that they can give their consent in line with UK GDPR and DPA 2018
This can be achieved by putting up notices in the area, wearing a badge, having a notice on the camera or telling anyone present before recording commences that body cameras are being used. If prior notification is not going to be possible because of the nature of the recording, then secret recording approval must be obtained in advance. If it is clear that recording is taking place, for example where a main camera is also being used simultaneously, then secret recording approval is not required.
In line with the ICO guidelines, Bodycams are only to be used appropriately.
The right to privacy should not be interfered with except where necessary for the prevention of disorder or crime. Bodycam wearers must not record beyond what is necessary and must also consider whether the recording is necessary to achieve the intended purposes.
- Not excessive (only used and turned on when appropriate)
- Used only for defined purposes; and
- The use is still necessary and proportionate throughout the lifecycle of the processing.
Recording and retention of audio and images
Images produced by the CCTV equipment are intended to be as clear as possible so that they are effective for the purposes set out above. Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images.
Images are recorded either in constant real-time (24 hours a day throughout the year).
As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, are not held for more than six weeks. Once a hard drive has reached the end of its use, it will be erased prior to disposal.
All bodycam footage, unless obtained for the prevention or detection of crime by Third Parties Law Enforcement Authorities (Police/RSPCA/ALW), will be deleted permanently within 31 days. However, where a law enforcement agency is investigating a crime, images may need to be retained for a longer period.
Images that are stored on, or transferred on to, removable media such as USB are erased or destroyed once the purpose of the recording is no longer relevant. In normal circumstances, this will be a period of six weeks. However, where a law enforcement agency is investigating a crime, images may need to be retained for a longer period.
Access to and disclosure of audio and images
Access to, and disclosure of, images recorded on CCTV is restricted. This ensures that the rights of individuals are retained. Images can only be disclosed in accordance with the purposes for which they were originally collected.
The images that are filmed are recorded centrally and held in a secure location. Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system. Viewing of recorded images will take place in a restricted area to which other employees will not have access when viewing is occurring.
If media on which images are recorded are removed for viewing purposes, this will be documented.
Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to:
- The police and other law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness.
- Prosecution agencies, such as the Crown Prosecution Service.
- Relevant legal representatives.
- Line managers involved with Company disciplinary and performance management processes.
- Individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).
The Director of the Surgery (or another senior director acting in their absence) is the only person who is permitted to authorise disclosure of images to external third parties such as law enforcement agencies.
All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required. If disclosure is denied, the reason will be recorded.
Individuals’ access rights
You have the right on request to receive a copy of the personal data that the Surgery holds about you within 31 days (Bodycam) or six weeks (Practice CCTV) of recording, including audio and CCTV images if you are recognisable from the image.
If you wish to access any audio or CCTV images relating to you, you must make a request to the practice. Your request must include the date and approximate time when the images were recorded and the location of the CCTV camera, so that the images can be easily located, and your identity can be established as the person in the images. We will respond promptly and in any case within 30 calendar days of receiving the request.
We will first determine whether disclosure of your images will reveal third party information as you have no right to access CCTV images relating to other people. In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy.
If we are unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.
Staff training
We will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of the Data Protection Act 1998 regarding that system.
Implementation
The Director is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct a regular review of our use of CCTV. Any complaints or enquiries about the operation of our CCTV system should be emailed to the surgery.
Contact
If you have any questions, comments and requests regarding this policy please contact us at the surgery.
Changes to our privacy policy
This Policy was Published in January 2023.
This Policy was Last Updated and Published February 2024.
