1.1 Express Refreshments “EXR” has in place a CCTV surveillance system “the CCTV system” across its UK markets. This policy details the purpose, use and management of the CCTV system at EXR markets and details the procedures to be followed in order to ensure that EXR complies with relevant legislation and the current Information Commissioner’s Office Code of Practice.
1.2 EXR will have due regard to the Data Protection Act 1998, the General Data Protection Regulation (GDPR) and any subsequent data protection legislation, and to the Freedom of Information Act 2000, the Protection of Freedoms Act 2012 and the Human Rights Act 1998. Although not a relevant authority, EXR will also have due regard to the Surveillance Camera Code of Practice, issued under the Protection of Freedoms Act 2012 and in particular the 12 guiding principles contained therein.
1.3 This policy is based upon guidance issued by the Information Commissioner’s Office, ‘In the picture: A data protection code of practice for surveillance cameras and personal information’ (“the Information Commissioner’s Guidance”).
1.4 This policy and the procedures therein detailed, applies to all of EXR’s CCTV systems and any other system capturing images of identifiable individuals for the purpose of viewing and or recording the activities of such individuals. CCTV images are monitored and recorded in strict accordance with this policy.
CCTV System overview
2.1 Under the Data Protection Act 1998 EXR is the ‘data controller’ for the images produced by the CCTV system. EXR is registered with the Information Commissioner’s Office and the registration number is Z6548388. The CCTV system operates to meet the requirements of the Data Protection Act and the Information Commissioner’s Guidance.
2.2 EXR is responsible for the overall management and operation of the CCTV system, including activities relating to installations, recording, reviewing, monitoring and ensuring compliance with this policy.
2.3 Signs are placed at all pedestrian entrances in order to inform staff, visitors and members of the public that CCTV is in operation. The signage indicates that the system is managed by EXR and a contact number for them is provided.
2.4 EXR is responsible for ensuring that adequate signage is erected in compliance with the ICO CCTV Code of Practice.
2.5 Cameras are sited to ensure that they cover the Micro-market as is possible.
2.6 The CCTV system is operational and is capable of being monitored for 24 hours a day, every day of the year.
Purposes of the CCTV system
The principal purposes of the EXR CCTV system are as follows:
- for the prevention, reduction, detection and investigation of crime and other incidents;
3.2 EXR seeks to operate its CCTV system in a manner that is consistent with respect for the individual’s privacy.
4. Monitoring and Recording
4.1 Images are recorded on NVR/DVR’s located securely in the Micro-Market and are viewable in EXR’s IT Office by allocated IT staff.
4.2 The cameras installed provide images that are of suitable quality for the specified purposes for which they are installed and all cameras are checked daily to ensure that the images remain fit for purpose and that the date and time stamp recorded on the images is accurate.
4.3 All images recorded by the CCTV System remain the property and copyright of EXR.
4.4 The monitoring of staff activities will be carried out in accordance with Part 3 of the Employment Practices Code.
5. Compliance with Data Protection Legislation
5.1 In its administration of its CCTV system, EXR complies with the Data Protection Act 1998. Due regard is given to the data protection principles embodied in the Data Protection Act. These principles require that personal data shall be:
- processed fairly and lawfully;
- b) held only for specified purposes and not used or disclosed in any way incompatible with those purposes;
- c) adequate, relevant and not excessive;
- d) accurate and kept up to date;
- e) be kept longer than necessary for the particular purpose;
- f) processed in accordance with the rights of individuals;
- g) kept secure; and
- h) not be transferred outside the European Economic Area unless the recipient country ensures an adequate level of protection.
5.2 From 25 May 2018, EXR will also comply with the General Data Protection Regulation. Due regard will be given to the data protection principles contained within Article 5 of the GDPR which provide that personal data shall be:
- processed lawfully, fairly and in a transparent manner;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date;
- accurate and, where necessary, kept up to date;
- kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data are processed;
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
6. Applications for disclosure of images
Applications by individual data subjects
6.1 Requests by individual data subjects for images relating to themselves “Subject Access Request” should be submitted in writing to EXR’s IT Team together with proof of identification.
6.2 In order to locate the images on the CCTV system, sufficient detail must be provided by the data subject in order to allow the relevant images to be located and the data subject to be identified.
6.3 Where EXR is unable to comply with a Subject Access Request without disclosing the personal data of another individual who is identified or identifiable from that information, it is not obliged to comply with the request unless satisfied that the individual has provided their express consent to the disclosure, or if it is reasonable, having regard to the circumstances, to comply without the consent of the individual.
Access to and disclosure of images to third parties
6.4 A request for images made by a third party should be made in writing to EXR.
6.5 In limited circumstances it may be appropriate to disclose images to a third party, such as when a disclosure is required by law, in relation to the prevention or detection of crime or in other circumstances where an exemption applies under relevant legislation.
6.6 Such disclosures will be made at the discretion of the Head of IT, with reference to relevant legislation and where necessary, following advice from relevant authorities.
6.7 Where a suspicion of misconduct arises and at the formal request of the Investigating Officer or HR Manager/Advisor, the Head of IT may provide access to CCTV images for use in staff disciplinary cases.
6.9 A record of any disclosure made under this policy will be held on the CCTV system log, itemising the date, time, camera, requestor, authoriser and reason for the disclosure.
7. Retention of images
7.1 Unless required for evidential purposes, the investigation of an offence or as required by law, CCTV images will be retained for no longer than 28 days from the date of recording. Images will be automatically overwritten after this point.
7.2 Where an image is required to be held in excess of the retention period referred to in 7.1, the Head of IT or their nominated deputy, will be responsible for authorising such a request.
7.3 Images held in excess of their retention period will be reviewed on a three monthly basis and any not required for evidential purposes will be deleted
7.4 Access to retained CCTV images is restricted to the Head of IT and other persons as required and as authorised by the Head of IT
8. Complaints procedure
8.1 Complaints concerning EXR’s use of its CCTV system or the disclosure of CCTV images should be made in writing to the Head of IT at: firstname.lastname@example.org
8.2 All appeals against the decision of the Head of IT should be made in writing to the Managing Director at email@example.com
9. Monitoring Compliance
9.1 All staff involved in the operation of EXR’s CCTV System will be made aware of this policy and will only be authorised to use the CCTV System in a way that is consistent with the purposes and procedures contained therein.
9.2 All staff with responsibility for accessing, recording, disclosing or otherwise processing CCTV images will be required to undertake data protection training.
10.1 EXR’s usage of CCTV and the content of this policy shall be reviewed annually by EXR with reference to the relevant legislation or guidance in effect at the time. Further reviews will take place as required.