CCTV policy and codes of practice from Cheltenham Borough Council
Source: data.gov.uk (2016-07-06)

Cheltenham Borough Council CCTV policy and codes of practice for its buildings.

Last updated May 2014 
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CCTV 
 
Council owned car parks 
 
 
 
 
 
 
CODE OF PRACTICE 
 
 
 
 

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Contents 
 
1 
Introduction 
 
 
 
 
CCTV surveillance 
3 
 
 
Legislation 
3 
 
 
Systems and equipment 
4 
 
 
Purpose of scheme/objectives 
4 
 
 
Surveillance Camera Code of Practice 
4 
 
 
Data Protection Act 
5 
 
 
Changes to code 
5 
 
 
Responsibilities of the owner of the scheme 
5 
 
 
Management of the system 
5 
 
 
 
 
2 
Installation 
 
 
 
 
Consultation 
6 
 
 
Sound 
6 
 
 
Change 
6 
 
 
Dummy cameras 
6 
 
 
 
 
3 
Accountability 
 
 
 
 
Public Information 
6 
 
 
Staff 
6 
 
 
Complaints 
6 
 
 
Breaches of the Code 
7 
4 
Data management 
 
 
 
 
Control and operation of the cameras 
7 
 
 
Access to and security of monitors 
7 
 
 
Statement of intent 
7 
 
 
Evidential use of recordings 
8 
 
 
Police access to data 
8 
 
 
 
 
5 
Third party access to data 
 
 
 
 
Access/disclosure of images to third parties 
8 
 
 
Freedom of Information 
8 
 
 
Other rights/information 
8 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendices: 
 
 
 
 
 
A 
CCTV Car Park Inventory 
 
B 
CCTV Activity Log 
 
C 
CCTV Subject  Access Request Form 
 
 

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1. Introduction  
 
This Code of Practice applies to the use of the Closed Circuit Television (CCTV) 
systems within our Public car parks.  The Town Centre CCTV system, although 
owned by Cheltenham Borough Council, is monitored and used proactively by 
Gloucestershire Police, the Data Controller, and therefore covered by their codes of 
practice.  
 
This Code of Practice ensures that issues such as privacy and integrity are properly 
respected and the use of CCTV and Automatic Number Plate Recognition (ANPR – 
within Regents Arcade) in public places takes place in accordance with the advice 
and guidelines. 
 
As at 1 April 2014, maintenance and upgrading work to the system has resulted in 
some cameras not being fully operational. 
 
 
CCTV Camera Surveillance 
Closed Circuit Television (CCTV) cameras operated by local authorities in public car 
parks the prevention and detection of crime. 
 
The operation of CCTV systems must be undertaken with due regard to the following 
legislation: 
 
• 
The Data Protection Act 1998 
 
• 
The Human Rights Act 1998 
 
• 
The Regulation of Investigatory Powers Act 2000 
 
• 
The Freedom of Information Act 2000 
 
• 
Protection of Freedoms Act 2012 
 
• 
Surveillance Camera Code of Practice 
 
• 
Information Security Policy  
 
The system is intended to view activity in public car parks and footways.  It will not be 
used to invade the privacy of any persons in domestic, business or other private 
premises, buildings or land. 
 
 
Description of Systems and Equipment 
This section gives a general description of systems and their uses, it is not 
exhaustive in nature, nor does it supersede or replace any legislative requirements. 
 
Visible CCTV cameras may be securely fixed on rigid mountings at various locations 
(see Appendix A for locations and equipment information) cameras conform, as a 
minimum, to standards of performance laid down by the Secretary of State for 
Transport.  For the avoidance of doubt, the cameras may be; 
 
• 
‘Static’ - permanently sited at a particular location 
 
• 
Of ‘Analogue’ or ‘digital’ image format. 
 

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• 
Hard-wired, networked or wireless networked. 
 
 
Purpose of Scheme  
Closed Circuit Television (CCTV) cameras operated by local authorities in public car 
parks are used for the prevention and detection of crime. 
 
Adequate signage displaying the following, or similar, wording will be installed and 
maintained on the camera pole or within the area of coverage stating: 
 
“Images are being monitored and recorded for the purposes of public safety, 
crime prevention, and traffic enforcement.  This scheme is controlled by 
Cheltenham Borough Council.  For further information contact: xx-xxxx-xxxx”.   
 
The Scheme makes specific arrangements for the provision of recordings for 
evidential purposes to the police.  
 
 
Surveillance Camera Code of Practice 2013  
The scheme aspires to comply with this code and particularly the 12 guiding 
principles:  
 
1. Use of a surveillance camera system must always be for a specified purpose 
which is in pursuit of a legitimate aim and necessary to meet an identified 
pressing need.  
 
2. The use of a surveillance camera system must take into account its effect on 
individuals and their privacy, with regular reviews to ensure its use remains 
justified.  
 
3. There must be as much transparency in the use of a surveillance camera 
system as possible, including a published contact point for access to 
information and complaints.  
 
4. There must be clear responsibility and accountability for all surveillance 
camera system activities including images and information collected, held and 
used.  
 
5. Clear rules, policies and procedures must be in place before a surveillance 
camera system is used, and these must be communicated to all who need to 
comply with them.  
 
6. No more images and information should be stored than that which is strictly 
required for the stated purpose of a surveillance camera system, and such 
images and information should be deleted once their purposes have been 
discharged.  
 
7. Access to retained images and information should be restricted and there 
must be clearly defined rules on who can gain access and for what purpose 
such access is granted; the disclosure of images and information should only 
take place when it is necessary for such a purpose or for law enforcement 
purposes.  
 
8. Surveillance camera system operators should consider any approved 
operational, technical and competency standards relevant to a system and its 
purpose and work to meet and maintain those standards.  
 

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9. Surveillance camera system images and information should be subject to 
appropriate security measures to safeguard against unauthorised access and 
use.  
 
10. There should be effective review and audit mechanisms to ensure legal 
requirements, policies and standards are complied with in practice, and 
regular reports should be published.  
 
11. When the use of a surveillance camera system is in pursuit of a legitimate 
aim, and there is a pressing need for its use, it should then be used in the 
most effective way to support public safety and law enforcement with the aim 
of processing images and information of evidential value.  
 
12. Any information used to support a surveillance camera system which 
compares against a reference database for matching purposes should be 
accurate and kept up to date.  
 
 
Data Protection Act 1998, Human Rights Act 1998, Regulation of Investigatory 
Powers Act 2000, Information Commissioners Office  
The scheme complies, and Cheltenham Borough Council is committed to ensuring it 
complies, with all relevant legislation and guidance. 
 
 
Changes to the Code  
Any major changes to this Code of Practice will be approved by the Director of 
Environmental and Regulatory Services. This Code of Practice will be subject to 
review as required by the Service Manager who is authorised to make minor 
amendments. 
 
 
Responsibilities of the Owner of the Scheme  
Cheltenham Borough Council, as owner, has responsibility for the compliance with 
the purposes and objectives of the scheme including operational guidance and the 
protection of the interests of the public and privacy of the individuals whose images 
are captured.  
 
 
Management of the System  
The day-to-day management of the scheme, and requirements of the Code of 
Practice, will be undertaken by (post to be determined) or in that officer’s absence by 
designated staff.  
 
All ensuing references to the (post to be determined) will be deemed to include the 
designated staff.  Access to recordings will comply with specific guidelines and will be 
recorded and monitored (Appendix A – activity log) 
 
The documentation required to run the scheme has been developed from, and is 
specifically linked to, the Code of Practice Guidelines.  
 

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2. Installation  
 
Consultation  
The CCTV installations are carried out through consultation with interested parties 
and are based on evidenced need.  
 
 
Sound  
No sound will be recorded in public places. 
 
 
Change  
Any technological change, which will have a significant effect upon the capacity of 
the system, will be fully assessed in relation to the purpose and key objectives of the 
scheme.  
 
 
Dummy Cameras  
No dummy cameras will be used in the scheme as they give a false sense of security 
and are in contravention to the DPA 1998 Code of Practice.  
 
 
3. Accountability  
(post to be determined) with the day-to-day responsibility for the scheme will 
continuously monitor the operation of the scheme and the implementation of the 
Code of Practice.  
 
(post to be determined) will undertake spot checks which will include the examination 
of records and the content of recorded data and recorded in the Activity Log 
(Appendix A) 
 
 
Public Information  
The recording of people in public places will be undertaken fairly and lawfully.  CCTV 
cameras will not be hidden and signs that they are operating will be displayed at the 
perimeter of the area of coverage.   
 
Copies of the Code of Practice and complaints procedure can be found on the 
Councils internet site or on application in writing to Customer Relations, Cheltenham 
Borough Council, Municipal Offices, Promenade, Cheltenham GL50 9SA. 
 
 
Staff  
Staff will be made aware of the Codes of Practice and their responsibilities in the 
implementation of the same. 
 
 
Complaints  
The Councils complaints procedure will be the vehicle for complaints.  Particulars 
about how to make a complaint, the name and address of the person to whom the 
complaint should be made are publicly available via the Councils website, in person 
or in writing to Customer Relations, Cheltenham Borough Council, Municipal Offices, 
Promenade, Cheltenham GL50 9SA. 
 
 

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Breaches of the Code including those of security  
These will be dealt in line with the Council’s Information Security Policy and 
Procedures.  
 
 
4. Data management 
 
Control and Operation of Cameras  
• 
Information recorded will be accurate, adequate and relevant and not exceed 
that necessary to fulfil the purpose of the scheme.  
• 
Only authorised staff with responsibility for using the equipment shall have 
access to operating controls and access recorded in the Activity Log 
(Appendix B)  
• 
Use of cameras will accord with the scheme objectives and comply with the 
Code of Practice.  
 
Access to and Security of Monitors 
Access to view monitors, whether to operate the equipment or to view the images, is 
limited by the Data Protection Act 1998 to staff with that responsibility.  These staff 
will have been trained and vetted for operations in this area.  
 
An Activity Log (Appendix B) will record names of any persons that have been 
authorised by the (post to be determined) to have access to view the monitors.  
 
Public access to the monitors shall not be allowed except by pre-arranged 
appointment with the manager and then only for lawful, proper and sufficient reasons.  
Visitors will be asked to respect the confidentiality requirements and will have to sign 
acknowledging this subject to a formal Subject Access Request (Appendix C) 
 
Technical repairs, cleaning and similar tasks should be carried out in controlled 
circumstances and people undertaking these tasks will be recorded in the Activity 
Log (Appendix B) 
 
Police visits to review data (under Section 29 Data Protection Act) will be pre-
arranged and appointments made.  Other visits by Police must comply with the 
provisions of the Code of Practice and the purpose of the visit must be approved by 
(post to be determined).  Access will be monitored and recorded on the Activity Log 
(appendix B) with details with images viewed.  
 
 
Statement of Intent  
‘Recorded material’ will be used only for purposes defined in this Code of Practice.  
 
• 
Access to recorded material will only take place as defined in this Code of 
Practice.  
 
• 
Recorded material will only be accessed in accordance with the law, for 
investigation of crime and identification of a suspect or other lawful objective.  
 
• 
Recording equipment will be checked regularly to ensure it is in good working 
order and that the time and date generator is correctly set and displayed and 
certified in the Activity Log (Appendix B).  
 
• 
DVD’s required for evidential purposes will be separately indexed and 
securely stored and any copies handed to the Police will be sealed in an 
evidence bag.  

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Evidential use of recordings  
When evidential data is downloaded onto a DVD, staff will be required to provide the 
Police with evidential statements for continuity purposes.  
 
Police access to data  
Police may apply for access (under Section 29 Data Protection Act), in accordance 
with established protocols where they reasonably believe that access to specific data 
is necessary for the investigation and detection of particular offence or offences or for 
the prevention of crime.  
 
 
5. Third Party Access to Data  
 
Access to and Disclosure of Images to Third Parties  
Only designated staff employed by Cheltenham Borough Council will have access 
and be authorised to view images on the CCTV system. This is restricted to:  
 
• 
(post to be determined) 
• 
Other authorised staff  
• 
Other persons authorised by one of the above positions in the investigation of 
a particular incident or event.  
 
These staff members are only permitted access for the purposes of carrying out their 
Council duties.  
 
Activity Log (Appendix B) will be completed where the above persons need to 
download or otherwise allow viewing by third parties.  
 
There will normally be no disclosure of recorded images to third parties other 
than regulatory bodies.  Requests by individual data subjects for disclosure of 
images relating to them will be considered in line with procedures and an 
application can be made through Customer Relations, Cheltenham Borough 
Council, Municipal Offices, Promenade, Cheltenham GL50 9SA 
 
 
Freedom of Information 
Any request made under the Freedom of Information Act 2000 in relation to any 
material captured, stored or retained as a result of the use of CCTV cameras will be 
subject to relevant legislation. 
 
 
Other Rights/Information  
An individual is entitled to serve a notice on the Council requiring the Council to 
cease processing images relating to that individual, or another person, on the basis 
that they are likely to be caused substantial, unwarranted damage or distress.  All 
staff involved in operating the equipment must be able to recognise such a request 
from an individual.  
 
(post to be determined) is responsible for responding to such requests.  Where a 
staff member receives a request, they must inform (post to be determined) about this 
immediately.  
 
(post to be determined) has 21 days to respond to the request, and must indicate 
whether they will comply with the request or not.  If (post to be determined) decides 

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that the request will not be complied with they will set out the reasons in the 
response.  
 
Individual records should be kept referring to all the documents relating to the 
request and referenced for ease of access and audit purposes. 

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