Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

4208

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

EXPLANATORY NOTE

A CCTV (closed-circuit television video) system allows the use of videos
cameras to monitor the interior and exterior of a property, transmitting the
signal to a monitor or set of monitors. Some of the advantages of the
installation of CCTV are: (1} To deter criminal activity; (2) To improve home
insurance rates; (3) To gain peace of mind; and (4) To ensure cost-effective
form of security

In 2018, City Ordinance No. 2695 in Quezon City was passed, which
amended Ordinance No. SP-2139, Series of 2012, which mandates all
business establishments, including pawnshops and money changer shops,
operating within the territorial jurisdiction of Quezon City to install Closed-
Circuit Television Video (CCTV) and prescribes penalties for violations
thereof,

In other countries, they have a CCTV monitoring system and their
crime prevention has improved by at least 20 to 30 percent. Early this year,
the Department of Interior and Local Government through its Secretary aims
to reduce crime by means of CCTV in each local government unit.

Hence, this proposed legislation envisioned to impose the parameters
to provide the guidelines in CCTV installation and access to its recordings to
help ensure practice standards that are responsible and necessary to foster

confidence in the use of the system.

Thus, the immediate passage of this bill is earnestly sought.

(ALFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

4208

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

AN ACT
TO PROVIDE GUIDELINES FOR THE INSTALLATION OF THE CLOSED-
CIRCUIT TELEVISION VIDEO (CCTV) AND THE PROCEDURE FOR
ACCESS TO THE IMAGES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled.

. 1, Short Title. - This Act shall be known as the "CCTV Act of

2019)

SEC 2. Declaration of Policy. - It is hereby the declared policy of the
State to: (a) maintain peace and order, protect life, liberty and property and
to promote general welfare; and (b) value the dignity of every Filipino and
guarantee full respect for human rights.

3. Objective of this Act. - It is the objective of this Act to provide
the guidelines for the installation, use and utilization of the Closed Circuit
Television Videos (CCTV) in public, private and residential establishments
with due regard to the privacy and civil rights of every individual by
maintaining peace and order in the communities, promoting crime
prevention and upholding public safety

SEC. 4. Definition of Terms. - For the purpose of this Act, the
following terms shall be defined as follows:

a) CCTV - Shall refer to the use of video cameras to transmit a signal to a
specific place, on a set of monitors/a television system that transmits
images on a “closed loop" basis, where images are only available to
those directly connected with to the transmission system;


b) Video Surveillance - Shall refer to a closed-circuit television system for
direct visual monitoring and/or recording of activities on the premises
or in a specific place;

°)

Private Installations - shall refer to CCTV Cameras installed in private
establishments such as but not limited to private subdivisions,
condominiums and other residential areas, business hubs, malls and
shopping centers;

Pubic Installations - shall refer to CCTV Cameras installed in public
places such as but not limited to government offices and
instrumentalities, parks, streets and highways including public
markets, airports and public transport terminals;

d

Images - Shall refer to recorded images in the CCTV Cameras; and

) Persons in Authority - Shall refer to elements of the Philippine National
Police, Barangay Chairman and the Barangay Tanods.

SEC. 5. Functions of CCTV. - The installation of CCTV in both
private and public establishments shall have the following functions:

a) Crime Prevention - the CCTV shall function as a tool of law
enforcement and crime prevention by way of effective monitoring of
public places, such as pathways and streets, parks and other areas;

b) Traffic Monitoring - the CCTV shall enable the viewing of a wider range

of data images on motorists, pedestrians and critical thoroughfares, to

provide quicker apprehension of road safety violators and pinpoint
causes of traffic build-up;

Surveillance - the CCTV shall function as a surveillance tool that will

allow security agencies to monitor private establishments and ensure

the safety and security of individuals and the protection of private
properties from theft and robbery;

Househald Affairs - the CCTV shall function to monitor households by

way of monitoring health, security and safety of household members,

unauthorized access to household premises and general conduct of
household affair;

Monitor Employees - the CCTV shall function as a tool to monitor the

general administrative conduct of employees to aid in the review of

employee workmanship and performance; and

f} Documentation - the CCTV shall function as a tool to monitor the
progress or development of data; or the sequences of events in a facility
or institution

¢

d

e

The data to be collected shall be relevant, adequate and not
excessive for the purposes for which they are obtained.


SEC. 6. Guiding Principles - This Act shall have the following
guiding principles:

a) The CCTV shall at all times be operated with respect to people's privacy
and their right to conduct or engage in lawful activities;

b) The owner/operator of the CCTV shall be publicly known to ensure
appropriate accountability and shall be appropriately registered before
the Philippine National Police;

¢) Signage informing the public of the existence of CCTV cameras shall be
erected. It shall be visible, distinctive and located in areas with good
lighting;

d) The premise for use of CCTV as crime deterrent shall mobilize a quick
and adequate response unit from the persons of authority such as but
not limited to the local ponce force or barangay watchmen on reported
incident:

¢) Persons of Authority shall develop a system for addressing complaints
to receive and investigate complaints about alleged violations of
privacy;

f) A recorded material shall not be released to the media except only to
acquire relevant information on the identity and whereabouts of an
individual wanted for a criminal offense, and provide the general public
information of critical concern in the community. In such cases, the
recognizable characteristics of other people in the footage shall be
obscured; and

g) Tapes or still photographs shall be disposed of in a manner which does
not allow the reproduction of any of the recorded material.

SEC 7. Prohibited Acts and Recordings. - |t shall be unlawful for any
person or establishment to perform the following acts:

a) Install or use the CCTV on someone else's property;

b) Install or use the CCTV cameras in any restroom, toilet, bathroom,
changing mom and other similar areas utilized for private activities;

c) Use CCTV with a device to overhear events, conversations or sounds
without the permission of the peopie involved shall not be allowed;

d) Install CTV's in public places without the display of due notice on the
walls or at the entrance of the establishment;

e) Install a CCTV in the external part of one’s residential or private
property that encroaches on the private property of another or of a
neighbor;

f) Install CCTV to monitor the conduct or performance in a workplace
without due notice to all employees;

g) Install and use CCTV as surveillance tool of particular individuals on
behalf of 3rd parties or paying clients covered by a contract of
engagement more than the duration specified by the Philippine
National Police;



h) Install and use CCTV inside a residence to manage one's family
without notice given to the staff and members of the household;

i) To sell or publish any recorded material or still photographs for
commercial purposes; and

ij) To upload any image, recording or stills from the CCTV on the Internet
for entertainment purposes.

SEC. 8. Procedure for Access and Disclosure of Recordings. - Only
authorized persons shall have access to images and recordings from CCTV,
Viewing of the images and recordings shall take place in a restricted area or
in private conditions. All access allowed or granted under the circumstances
must be documented and for limited or prescribed circumstances The use,
viewing, copying or disclosure of images and recordings performed in
accordance with this Act shall only be allowed in the following instances
only:

a) Upon a written request from a person in authority in connection with
and limited to an investigation for the prosecution of an offense
punishable by law;

b) Upon lawful order of the court, in connection with a pending criminal
or civil proceeding;

c) To determine whether an offense has been committed against a person
or property and to ascertain the identity of the perpetrator and the
manner by which the crime was committed;

d) Any person whose image has been recorded may make an application
in writing for a copy of the recording or its still images;

¢) Upon compliance with the Rules of Procedure set by security agencies
operating under the management of clients.

f) Law Enforcement Agencies shall not be allowed to release images or
recordings from the to the media, except only when the circumstances
warrant to help identify the perpetrator of a crime or locate his
whereabouts, or as a matter of public information.

The use, copying or disclosure of images and recordings shall be
authorized within twenty-four (24) hours after submission of the request, as
herein specified.

SEC. 9. Retention, Storage and Preservation. — Unless otherwise
reserved for a specific purpose to review the events of a crime or that the
information needs to be studied further for any number of reasons, data of
recordings shall not be kept for more than 30 days and should be
automatically overwritten or deleted beyond said period.

SEC. 10. Penalties. - Any act or omission by the owner and/or
operator of the CCTV in violation of the provisions of this Act shall be
punishable with an imprisonment of not less than six (6) months but not
exceeding six (6) years, or a fine not less than Ten Thousand Pesos
(Php10,000.00) but not more than One Hundred Thousand Pesos



(Php 100,000,00) or both such fine and imprisonment at the discretion of the
court

SEC. 11. Implementing Rules and Regulations. - The Director
General of Philippine National Police in close coordination with the Secretary
Department of Interior and Local Government, the Secretary of National
Defense, the Secretary of Transportation and Communications, the Secretary
of Justice, the National Security Adviser, and the Director of National Bureau
of Investigation shall issue the necessary rules and regulations for the
effective implementation of this Act.

SEC. 12. Repealing Clause. - All laws, presidential decrees, executive
orders, rules and regulations or part thereof, contrary to or inconsistent with
the provisions of this Act, are hereby repealed or modified accordingly.

SEC, 13. Separability Clause. - If any section or provision of this Act
is held unconstitutional or invalid, all other sections or provisions shall
remain in full force and effect

SEC. 14. Effectivity Clause - This Act shall take effect fifteen (15)

days after its publication in the Official Gazette and/or in at least two (2)
newspapers of general publication.

Approved,