St. Dymphna’s School
CCTV policy 2016
Closed Circuit Television Systems (CCTVS) are installed in St. Dymphna’s School
New CCTV systems will be introduced in consultation with staff, the Board of Management and the parents association.
Where systems are already in operation, their operation will be reviewed regularly in consultation with staff, the BOM and the parents association.
1. PURPOSE OF POLICY
The purpose of this policy is to regulate the use of Closed Circuit Television and its associated technology in the monitoring of both the internal and external environs of the premises under the remit of the BOM of St. Dymphna’s School.
CCTV systems are installed (both internally and externally) in premises for the purpose of enhancing security of the building and its associated equipment as well as creating a mindfulness among the occupants, at any one time, that a surveillance security system is in operation within and/or in the external environs of the premises during both the daylight and night hours each day.
CCTV surveillance at the school is intended for the purposes of:
protecting the school buildings and school assets, both during and after school hours;
promoting the health and safety of staff, pupils and visitors;
reducing the incidence of crime and anti-social behaviour (including theft and vandalism);
supporting the Gardai in a bid to deter and detect crime;
assisting in identifying, apprehending and prosecuting offenders;
ensuring that the school rules are respected so that the school can be properly managed.
Closed Circuit Television Systems (CCTVS) are installed in St. Dymphna’s School in the following areas.
The system comprises one dome camera inside the main entrance and four external fixed cameras in our school grounds.
We share an additional two external cameras with an adjoining school.
One is located in service yard and covers the entrance to our shed.
One camera in situated over the shared entrance and gives a broad view of the car park.
The system does not have sound capability and cameras do not have a zoom function.
New CCTV systems will be introduced in consultation with staff, Board of Management and Parents if they are deemed necessary.
Where systems are already in operation, their operation will be reviewed regularly in consultation with the staff, the Board of Management and the Parents Association.
This policy applies to all personnel and visitors to St. Dymphna’s School and
relates directly to the location and use of CCTV, the monitoring, recording and subsequent use of such recorded material.
3. GENERAL PRINCIPLES
The BOM of St. Dymphna’s School as the corporate body has a statutory responsibility for the protection of its property, equipment and other plant as well providing a sense of security to its employees, students and invitees to its premises.
St. Dymphna’s School owes a duty of care under the provisions of Safety, Health and Welfare at Work Act 2005, and associated legislation, and utilises CCTV systems and their associated monitoring and recording equipment as an added mode of security and surveillance for the purpose of enhancing the quality of life of the school community by integrating the best practices governing the public and private surveillance of its premises.
The use of the CCTV system will be conducted in a professional, ethical and legal manner and any diversion of the use of CCTV security technologies for other purposes is prohibited by this policy e.g. CCTV will not be used for monitoring employee performance.
Information obtained through the CCTV system may only be released when authorised by the Principal, following consultation with the Chairperson of the Board of Management. Any requests for CCTV recordings/images from An Garda Síochána will be fully recorded and legal advice will be sought if any such request is made. (See “Access” below). If a law enforcement authority, such as An Garda Síochána, is seeking a recording for a specific investigation, An Garda Síochána may require a warrant and accordingly any such request made by An Garda Síochána should be requested in writing and the school will immediately seek legal advice.
CCTV monitoring of public areas for security purposes will be conducted in a manner consistent with all existing policies adopted by the school including Equality & Diversity Policy, Dignity at Work Policy, Codes of Practice for dealing with complaints of Bullying & Harassment and Sexual Harassment and other relevant policies, including the provisions set down in equality and other educational and related legislation.
This policy prohibits monitoring based on the characteristics and classifications contained in equality and other related legislation e.g. race, gender, sexual orientation, national origin, disability etc.
Video monitoring of public areas for security purposes within school premises is limited to uses that do not violate the individual’s reasonable expectation to privacy.
Information obtained in violation of this policy may not be used in a disciplinary proceeding against an employee of the school or a student attending the school.
All CCTV systems and associated equipment will be required to be compliant with this policy following its adoption by St. Dymphna’s School. . Recognisable images captured by CCTV systems are “personal data.” They are therefore subject to the provisions of the Data Protection Acts 1988 and 2003.
Justification for use of CCTV
Section 2(1) (c) (iii) of the Data Protection Acts requires that data is "adequate, relevant and not excessive" for the purpose for which it is collected.
The use of CCTV to control the perimeter of the school buildings for security purposes has been deemed to be justified by the Board of Management. The system is intended to capture images of intruders or of individuals damaging property or removing goods without authorisation.
In the main internal entrance of the school where CCTV (one camera) has been installed there is a proven risk to security
CCTV systems will not be used to monitor normal teacher/student classroom activity in school.
Location of CCTV
St. Dymphna’s School has endeavoured to select locations for the installation of CCTCV cameras which are least intrusive to protect the privacy of individuals. Cameras placed so as to record external areas are positioned in such a way as to prevent recording of passers-by or of another person's private property.
A dome camera is located in the main reception area and monitors the main entrance door.
One external camera that monitors the front of the school building.
One external camera that monitors the back of the school building/ main playground area.
One external camera that monitors the Trim trail/perimeter fencing area at the back of the school.
One external camera that monitors the access road/small playground area at the back of the school.
Shared External cameras
The school shares two external cameras with an adjoining school that have access to these two cameras through the original system that was installed in the school.
1. One camera in the service yard.
2. One camera that monitors the car park.
4. COVERT SURVEILLANCE
St. Dymphna’s School will not engage in covert surveillance.
Where An Garda Síochána requests to carry out covert surveillance on school premises, such covert surveillance may require the consent of a judge. Accordingly, any such request made by An Garda Síochána will be requested in writing and the school will seek legal advice.
5. NOTIFICATION – SIGNAGE
The Principal will provide a copy of this CCTV Policy on request to staff, students, parents and visitors to the school. This policy describes the purpose and location of CCTV monitoring, a contact number for those wishing to discuss CCTV monitoring and guidelines for its use.
The location of CCTV cameras will also be indicated to the Board of Management. Adequate signage will be placed at each location where a CCTV camera(s) is sited to indicate that CCTV is in operation. Adequate signage will also be prominently displayed at the entrance to St. Dymphna’s School property.( See sign below) Signage shall include the name and contact details of the data controller as well as the specific purpose(s) for which the CCTV camera is in place in each location.
CCTV cameras in operation
Images are being monitored and recorded for the purpose of crime-prevention, the prevention of anti-social behaviour, the prevention of bullying, for the safety of our staff and students and for the protection of St. Dymphna’s School and its property. This system will be in operation 24 hours a day, every day. These images may be passed to An Garda Síochána.
This scheme is controlled by St. Dymphna’s School
For more information contact: The Principal Maureen Quinn Phone: 096 21006
Staff, students and parents/guardians will be informed of the existence and purposes of the CCTV system as outlined above. The right of access for students and staff to images captured by CCTV cameras shall be in accordance with the Date Protection Acts 1998 & 2003 as outlined below.
All personal data recorded and stored by the CCTV system is governed by the Data Protection Acts, 1988 & 2003.
Under the Data Protection Acts a 'data controller' is the individual or the legal person who controls and is responsible for the keeping and use of personal information in manual files or in computerised form.
The Data Controller in respect of images recorded and stored by the CCTV system in the School is the Principal on behalf of the Board of Management The personal data recorded and stored by the CCTV system will only be available to the data controller and will be used only for the purposes outlined on the signage.
The C.C.T.V. system shall not be used to monitor staff performance or conduct.
Individuals whose images are recorded and stored by the CCTV system shall have the right to request and receive a copy of personal data processed by the system. Such requests shall be made in writing to the data controller and shall be complied with within a maximum of 40 days.
Personal data recorded by the CCTV system shall be retained for a maximum of 28 days. Thereafter, it will be deleted automatically.
The recorded footage and the monitoring equipment shall be securely stored in the Principal's office. Unauthorised access to that office is not permitted at any time.
The office is locked when not occupied by the Principal.
Requests by An Garda Siochana
The following procedures shall be followed in the event that An Garda Síochána seek to view or take a copy of CCTV footage from the School's CCTV systems:
1. The data controller shall satisfy himself/herself that there is an investigation underway by telephoning the Garda Station of the requesting Garda and speaking to the Station Sergeant or higher or to a member in the District Office.
2. A request from An Garda Siochána must be made in writing on Garda headed notepaper.
Any person whose image has been recorded has a right to be given a copy of the information recorded on request, provided such an image/recording exists, i.e. has not been deleted.
To exercise that right, a person must make an application in writing to the Board of Management. The Board of Management may charge up to € 6.35 for responding to such a request and will respond within 40 days.
The person should provide necessary information such as the date, time and location of the recording. If the image is of such poor quality as not to clearly identify an individual, that image may not be considered personal data.
In giving a person a copy of his/her data, the BOM may provide a still/series of still pictures, or DVD with relevant images. However other people’s images will be obscured before the data is released.
All CCTV systems and associated equipment will be required to be compliant with this policy following its adoption by the B.O.M.
6. STORAGE & RETENTION
Personal data recorded by the CCTV system shall be retained for a maximum of 28 days. Thereafter it will be deleted automatically except where the images identify an issue – such as a break-in or theft and those particular images/recordings are retained specifically in the context of an investigation/prosecution of that issue.
Access to CCTV system
Access to the CCTV system is restricted to the Data Controller (Principal) or in her absence to the Deputy Principal with the permission of the chairperson of the BOM
The recording equipment is located in a locked store room and recordings can only be accessed from the Principals office computer.
Memory sticks/DVD’s storing recorded footage will be stored, if required, in a locked filing cabinet in the principal’s office.
A log of access to Memory sticks/tapes/DVD will be maintained.
The Principal will on behalf of the BOM:
• Ensure that the use of CCTV systems is implemented in accordance with the policy set down by the B.O.M.
• Oversee and co-ordinate the use of CCTV monitoring for safety and security purposes within the school
• Ensure that all existing CCTV monitoring systems will be evaluated for compliance with this policy.
• Ensure that the CCTV monitoring at St. Dymphna's School is consistent with the highest standards and protections.
• Review camera locations and be responsible for the release of any information or material in compliance with this policy in partnership with the BOM.
• Maintain a record of the release of discs or any material recorded or stored in the system.
• Ensure that material is not duplicated for release.
• Ensure that the perimeter view from fixed location cameras conform to this policy both internally and externally.
• Provide a list of the CCTV cameras and the associated monitoring equipment and the capabilities of such equipment, located in the school to the Board of Management for formal approval.
• Approve the location of temporary cameras to be used during special events that have particular security requirements and ensure their withdrawal following such events with agreement of chairperson of BOM. NOTE: (Temporary Cameras does not include mobile video equipment or hidden surveillance cameras used for criminal investigations)
• Give consideration to and refer to the B.O.M. both students and staff petitions regarding possible invasion of privacy or confidentiality due to the location of a particular CCTV camera or associated equipment
• Ensure that all areas being monitored are not in breach of an enhanced expectation of the privacy of individuals within the school and be mindful that no such infringement is likely to take place
• Advise the Board to ensure that adequate signage, at appropriate and prominent locations is displayed and include the required information in such signage. Appendix B, C
• Ensure that external cameras are non intrusive in terms of their positions and views of residential housing and comply with the principle of “Reasonable Expectation of Privacy”
• Ensure that monitoring equipment is stored in a secure place with access by authorized personnel only.
• Ensure that recorded material is retained for period not longer than 28 days and will then be erased unless required as part of a criminal investigation or court proceedings (criminal or civil) or other bona fide use as approved by the B.O.M.
• Ensure that camera control is solely to monitor suspicious behaviour and not individual characteristics.
• Ensure that mobile video equipment will only be used for criminal investigations and with the approval of the B.O.M. and the local Garda Authorities.
APPENDIX 1 - DEFINITIONS
Definitions of words/phrases used in relation to the protection of personal data and referred to in the text of the policy;
CCTV – Closed-circuit television is the use of video cameras to transmit a signal to a specific place on a limited set of monitors. The images may then be recorded on video tape or DVD or other digital recording mechanism.
The Data Protection Acts – The Data Protection Acts 1988 and 2003 confer rights on individuals as well as responsibilities on those persons handling, processing, managing and controlling personal data. All school/ETB staff must comply with the provisions of the Data Protection Acts when collecting and storing personal information. This applies to personal information relating both to employees of the organisation and individuals who interact with the organisation.
Data - information in a form that can be processed. It includes automated or electronic data (any information on computer or information recorded with the intention of putting it on computer) and manual data (information that is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system).
Personal Data – Data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller.
Access Request – this is where a person makes a request to the organisation for the disclosure of their personal data under Section 3 and/or section 4 of the Data Protection Acts.
Data Processing - performing any operation or set of operations on data, including:
- Obtaining, recording or keeping the data,
- Collecting, organising, storing, altering or adapting the data,
- Retrieving, consulting or using the data,
- Disclosing the data by transmitting, disseminating or otherwise making it available,
- Aligning, combining, blocking, erasing or destroying the data.
Data Subject – an individual who is the subject of personal data.
Data Controller - a person who (either alone or with others) controls the contents and use of personal data.
Data Processor - a person who processes personal information on behalf of a data controller, but does not include an employee of a data controller who processes such data in the course of their employment, for example, this might mean an employee of an organisation to which the data controller out-sources work. The Data Protection Acts place responsibilities on such entities in relation to their processing of the data.
APPENDIX 2 - PRIVACY IMPACT ASSESSMENT
Before a school/ETB installs a new CCTV system, it is recommended that a documented privacy impact assessment is carried out. A school/ETB which properly conducts such an assessment is less likely to introduce a system that contravenes the provisions of the Data Protection Acts 1988 & 2003. This is an important procedure to adopt as a contravention may result in action being taking against a school/ETB by the Office of the Data Protection Commissioner, or may expose a school/ETB to a claim for damages from a student.
Some of the points that might be included in a Privacy Impact Assessment are:
What is the school/ETB’s purpose for using CCTV images? What are the issues/problems it is meant to address?
Is the system necessary to address a pressing need, such as staff and student safety or crime prevention?
Are the CCTV cameras intended to operate on the outside of the premises only?
Is it justified under the circumstances?
Is it proportionate to the problem it is designed to deal with?
Is it intended that CCTV cameras will operate inside of the building?
Are internal CCTV cameras justified under the circumstances?
Are internal CCTV cameras proportionate to the problem they are designed to deal with?
What are the benefits to be gained from its use?
Can CCTV systems realistically deliver these benefits? Can less privacy-intrusive solutions, such as improved lighting, achieve the same objectives?
Does the school/ETB need images of identifiable individuals, or could the system use other images which are not capable of identifying the individual?
Will the system being considered deliver the desired benefits now and remain suitable in the future?
What future demands may arise for wider use of images and how will they be addressed?
Is the school/ETB, the data controller for the entire CCTV system (bearing in mind that some schools under the PPP are managed for operational purposes by management companies, in which case specific legal advice may need to be sought)?.
Where a management company is in place, is the school/ETB satisfied that it complies with the Data Protection Acts with regard to the processing of images of staff, students and visitors to your school captured on any CCTV systems under its management?
What are the views of those who will be under CCTV surveillance?
What could be done to minimise intrusion for those whose images may be captured, particularly if specific concerns have been expressed?
How have staff, students and visitors been assured by the School that they will not be monitored and that the CCTV system will be used only for the stated purposes?
Does the school’s/ETB’s policy on the use of CCTV make it clear that staff (teaching and non-teaching) will not be monitored for performance or conduct purposes?
Have the views of staff & students regarding the location of cameras been taken into account?
Can the location of each internal camera be justified in accordance with the overall purpose for the use of the CCTV system?
Has appropriate signage been erected at the location of each internal camera indicating that recording is taking place and outlining the purpose of such recording?
Who will have access to the system and recordings/images?
What security measures are in place to protect the CCTV system and recordings/images?
Are those who will have authorised access to the system and recordings/images clear about their responsibilities?
Are the camera monitors kept out of view of staff, students and visitors and is access to the camera monitors restricted to a limited number of staff on a ‘need to know’ basis?
Is the room(s) which houses the camera monitors and the CCTV system securely locked when unattended?
Does the school/ETB have a procedure in place to ensure that recordings/images are erased or deleted as soon as the retention period (28 days) has expired?
Does the school/ETB have a procedure in place for handling requests for access to recordings/images from An Garda Síochána?
Will appropriate notices be in place to ensure that individuals know that they are being monitored?
Does the school//ETB have a data protection policy? Has it been updated to take account of the introduction of a CCTV system?
Does the school/ETB have a procedure in place to handle access requests seeking a copy of images recorded by the CCTV system (within the statutory timeframe of forty days)?
Has the right of access been communicated to staff, students and visitors?
Has the school/ETB communicated its policy on the use of CCTV to staff, students and visitors and how has this been done?
How are new students and new staff informed of the school’s policy on the use of CCTV?
External camera locations
There are CCTV cameras operating in St Dymphna’s School grounds.
To deter/detect bullying; To deter/detect crime, theft and vandalism; o ensure compliance with school’s Code of Behaviour; As an aid to security; For Health & Safety purposes;
Evidence from the recordings may be used in criminal proceedings and in disciplinary procedures relating to the above.
(Data Controller on behalf of the BOM St. Dymphna’s School)
At main entrance- Internal camera location
There is a CCTV camera operating in the main entrance of St. Dymphna’s School
o ensure compliance with school’s Code of Behaviour;
Evidence from the recordings may be used in criminal proceedings and in disciplinary procedures relating to the above.
(Data Controller on behalf of the BOM St. Dymphna’s School)