Security and Peace of Mind vs. Privacy
CCTV cameras have an important psychological effect upon those they protect. The presence of CCTV cameras in a parking area, for example, gives you a little peace of mind. You know your car is probably safe – one less thing to worry about.
However, CCTV cameras are surveillance tools. Cameras that are obviously unnecessary or eerily omnipresent do not give you a sense of safety, they give you the sense that you are being watched.
This matter is complicated by the fact that there is no list of places where you can or can’t place cameras.
For example, CCTVs in school toilets are not explicitly forbidden, but the ICO has asked some schools to remove them.
So how do you balance these requirements? The guideline is that the use of CCTVs must be:
- Justified: you should be able to explain why you need to keep an area under surveillance, rather than survey it just because you can
- Proportionate: the threats that you want to counter should be serious enough, and likely enough, to justify the use of a surveillance system in countering them
- Necessary: surveillance systems should effectively address the threat that you want to counter, rather than needlessly deployed along with the “real” solutions
These qualities should be estimated on a case-by-case basis. For example, there is no explicit rule that says you can or can’t use CCTV cameras in a classroom.
Their use for security reasons – mainly to deter abuse and assault – is infrequent, because most schools deem it unlikely that such events will happen in a classroom without intervention.
There is one exception: schools with disabled children, particularly non-verbal children, who are at a significantly higher risk of being abused than other children. Consequently, some experts recommend the use of CCTV cameras in classrooms with non-verbal children.
In such cases, the use of CCTV cameras may be viewed as proportionate, even though it’s generally a disproportionately intrusive security measure.
Visitor and Personnel Tracking vs. Data Volume
CCTV cameras can be an effective way to obtain video logs of everyone who accesses certain rooms or areas. CCTV cameras can be integrated with access control systems, or augmented by advanced features such as facial recognition or automatic number plate recognition (ANPR), which give your logs an entirely new dimension.
However, the flipside to CCTV cameras is that you are responsible for protecting and, occasionally, sorting through the data that they provide. For example, visitors and students can ask you for the footage in which they are shown, and you are obliged to provide it.
Similarly, under some conditions, the police or other authorities can ask for CCTV footage taken during a specific time interval. It’s up to you to ensure that you can sift through the video recordings from all your cameras and come up with the data that was requested.
Legal Obligations: What You Need to Do, and How
The legal framework that governs CCTV use in UK schools is complex but manageable. We cannot cover it all here, but we can at least give you the important landmarks.
By and large, your responsibilities fall into six areas:
- Ensuring that CCTV use is justified
- Notifying and providing required data to authorities, and consulting all stakeholders
- Ensuring that everyone is aware that they are being surveyed
- Ensuring that CCTV cameras are used correctly
- Retrieving data when requested
- Protecting data against unauthorised access
Ensuring that CCTVs are used only when justified is the first and foremost responsibility of any educational institution. There are plenty of cases where deploying CCTVs is justified and beneficial, but CCTV cameras are not useful or appropriate everywhere.
This is best achieved by conducting an appropriate analysis early in the design stage. This is the same recommendation that the Home Office makes in its CCTV operations manual.
Notifying authorities and consulting stakeholders. UK schools have a statutory requirement to notify the ICO when CCTV cameras are installed, or when the way they are used is changed.
They also need to keep the ICO informed about the purpose of the CCTVs and about the identity of the data controller – the employee (or employees) – responsible for the CCTV systems.
School management is also required to consult stakeholders where appropriate. Ultimately, the school is responsible for determining security requirements as much as it is responsible for fulfilling them.
Ensuring awareness. Once the decision has been made, the school is responsible for ensuring that everyone who may become the subject of surveillance knows about it.
It is also the school’s responsibility to ensure that everyone involved knows the purpose of this surveillance, that they know their rights, and that they know who to contact for questions or complaints. Only under exceptional circumstances, and only temporarily, are you allowed to monitor people without their knowledge.
How do schools comply with this requirement?
The most straightforward solution is to display clear and visible signs in every monitored area.
In addition, many schools explicitly notify stakeholders about their surveillance policy, about their rights, and about the relevant persons of contact. This is done periodically, for example at the beginning of every school year, but can also be done whenever something relevant changes.
Ensuring that CCTV cameras and their footage are used correctly is essential to legal compliance. This means that schools are responsible for ensuring that CCTV systems are used for their stated purposes. For example, CCTV cameras that have been installed to prevent vandalism cannot be used to monitor school presence.
This requirement permeates everyday activity, but it’s up to the data controller to ensure that cameras are properly used.
It’s also the school’s responsibility to ensure that CCTV footage is not retained for an unreasonable period of time.
There is no strict requirement. 30 days is a good rule of thumb, but you can keep footage for less than that if you think it is sufficient, or longer if you think it is needed. In some cases, it can become necessary; for example, if a fragment of footage is used in an investigation, you need to retain it until the investigation is concluded, even if it takes longer than your usual retention time.
Retrieving data when requested is also your responsibility. You will have to provide video footage under two circumstances.
First, anyone can ask you to provide recordings in which they are present. You can charge a processing fee for it, but you have to provide the recordings if they exist.
Second, public authorities, such as the police can ask for footage under certain conditions.
Modern CCTV systems come with software that simplifies this task, but you are required to ensure that you have the staff who can use it.
Protecting data against unauthorised access is a critical component of CCTV use. Its importance cannot be overstated. CCTV technology is a viable security instrument and an acceptable method of surveillance only if data is accessed for strictly legitimate purposes, and only by authorised personnel.
Data breaches happen, even if schools are somewhat low-profile targets – and schools are legally responsible for them.
How do you ensure adequate protection from your data?
The foundations of adequate data protection are laid when the system is designed. Common measures taken at this time include using equipment from manufacturers with a good security track record, ensuring that physical access to storage media is restricted using adequate access control systems, and devising procedures for viewing, transferring, and erasing data.
Once the system has been deployed, it is up to you to ensure that these procedures are followed, and that data is indeed adequately protected. In practice, this is up to the data controller, who needs to periodically review procedures and assess compliance.
Conclusions and Recommendations
CCTV cameras are commonly used in UK schools. When used in a manner that is technically sound, justified, proportionate and necessary, CCTV cameras can be of great aid in protecting pupils and staff.
Determining when the use of cameras is appropriate and how to effectively deploy them is not a straightforward process. There’s no simple yes-or-no decision tree, and there are plenty of social and ethical issues to consider, in addition to technical ones.
But don’t worry – you’re not alone in this. We’ve been installing CCTV cameras in London schools for the past 20 years, so we know the ins and outs of everything related to surveillance. Check out our CCTV installation services and let’s talk!
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