POLICY IN RELATION TO THE OPERATION OF CLOSED CIRCUIT TELEVISION CAMERAS at Clifden Eco Beach Camping & Caravanning Park
Author / Policy Owner: Clifden Eco Beach Camping & Caravanning Park
Creation Date: 1st April 2019
Review Date: 1st April 2021
Scope: This policy applies to all staff, visitors and members of the public who access Clifden Eco Beach Camping & Caravanning park.
The purpose of this Policy is to provide guidelines to regulate the management, operation and use of the CCTV systems at Clifden Eco Beach Camping & Caravanning Park (hereafter referred to as “the park”) in a way that enhances security whilst respecting the expectation of reasonable privacy among residents of the park.
This Policy is informed by the principles set out in the General Data Protection Regulation (GDPR), Data Protection Law and the Freedom of Information Act 2014 together with guidance issued by the Office of the Data Protection Commissioner or the Office of the Information Commissioner and from the Code of Practice for CCTV Systems authorised under Section 38(3)(c), of the Garda Síochána Act
2005, (hereafter referred to as the Garda Code of Practice). This Policy will be kept under review with regard to the system meeting its purposes.
The CCTV systems installed have the primary purpose of protecting the campsite premises and help to ensure the safety of the parks residents consistent with respect for the individuals’ privacy. They also aid in reducing the threat of crime generally. These purposes will be achieved by monitoring the systems to:
- deter those having criminal intent
- assist in the prevention and detection of crime
- facilitate the identification, apprehension and prosecution of offenders in relation to crime and public order offences
- facilitate the identification of any activities/events which might warrant disciplinary proceedings being taken against staff or residents and assist in providing evidence to management and/or to a member of staff or resident against whom disciplinary or other action is being, or is threatened to be taken.
3. Code of Practice for CCTV Systems at Clifden Eco Beach Camping & Caravanning Park
Clifden Eco Beach Camping & Caravanning Park incorporates two CCTV systems comprised of two types of cameras and recording equipment. Throughout this document, any reference to “CCTV” shall include a reference to both systems.
The existence of this Policy does not imply or guarantee that cameras will be constantly monitored in real time and whilst security management planning and design endeavours to ensure that the CCTV systems will give maximum effectiveness and efficiency, it is not possible to guarantee that the systems will cover or detect every single incident taking place in the areas of coverage.
All existing uses of video monitoring and recording shall be brought into compliance with this Policy within 12 months of the approval of this Policy.
3.1. Reception CCTV System
The reception CCTV system comprises of one external CCTV camera located at the reception entrance which is streamed to a platform of the management of Clifden Eco Beach Camping & Caravanning Park where they can be monitored. This camera is a fixed camera.
The camera is an intercom system which provides general coverage of the public access areas in front of the reception and is used to monitor in connection with the intercom system to allow staff to identify visitors who wish to access reception.
3.2. Security Personnel Personal Systems
Security personnel can sometimes have to deal with volatile or aggressive situations and for this reason management is issued with a personal body worn CCTV camera and recorder. The camera is activated by the security operative as required and footage is downloaded to record incidents. Personal systems shall be owned and managed by Clifden Eco Beach Camping & Caravanning Park or its agents and the resulting data shall be owned and managed by Clifden Eco Beach Camping & Caravanning Park or its agents.
The use of these body-worn cameras will be restricted to situations where there is a breach of security on the park or in situations which may result in actual or likely damage, injury or aggression. Recordings will be deleted where they are not required for evidential purposes.
3.3. Covert recording
The use of recording mechanisms to obtain data without an individual’s knowledge is generally unlawful. Covert surveillance shall only be permitted on a case by case basis where the data is kept for the purposes of preventing, detecting or investigating offences or apprehending or prosecuting offenders. This provision automatically implies an actual involvement of An Garda Síochána or an intention to involve An Garda Síochána. Covert cameras may be used under the following circumstances on the written request of security and where it has been assessed and approved by the Management of the park as the relevant Data Protection Officer
- that informing the individual(s) concerned that recording was taking place would seriously prejudice the objective of making the recording; and
- that there is reasonable cause to suspect that illegal activity is taking place or is about to take place and the recording will assist in preventing, detecting or investigating such illegal activity.
Any such covert processing will only be carried out for a limited and reasonable period of time consistent with the objectives of making the recording and will only relate to the specific suspected illegal activity.
The decision to adopt covert recording will be fully documented and will set out how the decision to use covert recording was reached and by whom.
Throughout this document, any reference to “CCTV” shall include a reference to any or all of the above systems.
4. Principles Governing the Operation of CCTV Systems at Clifden Eco Beach Camping & Caravanning Park
The parks use of CCTV systems confers a duty to keep personal details private and safe. The park who controls the contents and use of personal details is known as the “Data Controller”. As a Data Controller the park has responsibilities in the handling of personal details consisting of photographs or digital recordings of a person’s image or recordings of their voice. The park will treat the systems and all information, documents and recordings obtained and used, as data which are protected by the Data Protection and Freedom of Information Acts.
All CCTV systems operating in the park must operate in compliance with current legislation covering Data Protection and Freedom of Information as well as guidance issued by the Office of the Data Protection Commissioner or the Office of the Information Commissioner if applicable.
The main purpose of CCTV systems in the park is to assist the following in a proportionate manner:
- the safeguarding of the personal safety of all visitors to the campsite;
- the safeguarding of campsite property;
- the maintenance of security on the campsite;
- the facilitation of proceedings in the context of criminal or legal issues.
Signs will be prominently placed at reception of the campsite; to advise staff, visitors and members of the public of the presence of the CCTV system, save where covert cameras are required on an exceptional basis. These signs will indicate the purpose for which the system is being used (i.e. for safety and security).
5. Data Controller
Data Protection Law require that a Data Controller be appointed to manage and control data generated as a result of the operation of CCTV systems to ensure compliance with the Acts. The Data Controller for each of the campsite systems is the management of Clifden Eco Beach Camping & Caravanning Park.
6. Operation of CCTV Systems
In the operation of CCTV systems, the park will have the greatest possible regard for the protection of the fundamental right to privacy enjoyed by the park residents (staff and visitors), and their rights of free association and free expression within the law.
Those charged with the operation of the various CCTV systems at the campsite will exercise care to ensure that the systems are not used in any unauthorised or inappropriate manner. This policy has been drafted with the principles set out in the General Data Protection Regulation and Data Protection Law in mind and CCTV will only be used where it is a proportionate method to protect persons and property.
CCTV cameras will not be used with the intention of monitoring or recording visitors on the park.
Cameras shall only cover areas intended to be covered by the system.
Camera control operators will NOT view private rooms or areas.
Monitoring will be conducted in a manner consistent with all existing park policies. Monitoring based on the characteristics and classifications contained in Equality Regulations is strictly prohibited.
CCTV monitoring will be conducted in a professional, ethical and legal manner. All staff working with CCTV will be made aware of the sensitivity of handling CCTV images and recordings. The Operations Room Manager will ensure that all staff are fully briefed and trained in the technical, legal and ethical parameters of appropriate camera use.
All operators should be aware of the procedures in relation to the Data Protection Acts. Training in the requirements of the Data Protection Acts, relevant guidelines and this Policy and Code of Practice will be given to all those required to work with CCTV. Camera control operators will receive a copy of this Policy and provide written acknowledgement that they have read and understood its contents.
All operators and supervisors involved in CCTV surveillance will perform their duties in accordance with this Policy.
Staff operating the systems should be able to explain to members of the public the type of images which are recorded and retained, the purposes for which those images are recorded and retained, and information about the disclosure policy in relation to those images.
Recordings are retained on the relevant hardware for a period of time, usually between fourteen and thirty days after which they are erased. The length of time that recordings are stored varies depending on the capacity of the relevant hardware. The principle is adopted that if recordings do not produce relevant images then they should be deleted within 30 days.
Where relevant images are produced and are required in relation to an incident the recording shall be burned onto a CD and be retained securely by the Data Controller and a second copy will be handed over to the recording requestor as provided for under this Code of Practice.
All hard drives and recorders shall remain the property of Clifden Eco Beach Camping & Caravanning Park until disposal and destruction.
8. Access to CCTV Recordings
Access to images will be restricted to Campsite management or agents who need to have access in accordance with their role and with the purposes of the system.
8.1. Access to images by third parties
Recorded material containing personal data will only be released to third parties in the following circumstances and processed by the Manager of the park:
- A formal request from a member of An Garda Síochána (Rank Sergeant or above) for disclosure of images, on the grounds that the images are likely to be of use for the investigation of a particular offence;
- A requirement under any enactment, rule of law or court order to disclose the images;
- Where a valid data access request is made by an individual under Data Protection Law; or
- Where in rare circumstances the assistance of the general public is required in the identification of a victim of crime or the identification of a perpetrator of a crime. The release of images to the media in a criminal investigation is solely within the remit of An Garda Síochána.
In the above circumstances, the original copy shall be retained by the Data Controller and a copy provided, unless needed for court proceedings or under an Act. The following should be documented,
- The date and time of the removal.
- The name of the person removing the images.
- The name(s) of the person(s) viewing the images. (If this should include third parties, the name of the organization to which the third party belongs).
- The reason for the viewing.
- The outcome, if any, of the viewing.
- The date and time the images were returned to the system or secure place if they have been retained for evidential purposes.
8.2. Access to images by a subject
CCTV digital images, if they show a recognizable person, are personal data within the meaning of the General Data Protection Regulations. Anyone who believes that they have been filmed by CCTV is entitled to ask for a copy of the data, subject to exemptions contained in Data Protection Law. They do not have the right of instant access.
A person whose image has been recorded and retained and who wishes access to the data must apply in writing or email to the parks Data Controller at email@example.com. The Data Controller will endeavour to locate the images when requested and determine whether disclosure of the image would involve disclosing the images of third parties, if so, arrangements will be made for those images to be disguised or blurred and which may require engaging another party or a company to carry out that type of editing subject to guarantees regarding security measures in relation to the images.
The Data Controller will then arrange for a copy of the data to be made and given to the applicant. A response will be provided promptly and in any event within twenty-one days.
The GDPR and Data Protection Law gives the Data Protection Officer the right to refuse a request for a copy of the data, particularly where such access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.
If it is decided that a data subject access request is to be refused, the reasons will be fully documented and the data subject informed in writing, stating the reasons.
The contact point for visitors of the park or members of the public wishing to inquire about the CCTV system will be the:
Clifden Eco Beach Camping & Caravanning Park
Phone (095) 44036
Claddaghduff Road, Clifden, Co. Galway, H71W024.
Upon request, enquirers will be provided with:
A Copy of this Statement of Policy
Further information on the GDPR and Data Protection Law is available at https://www.clifdenecocamping.ie/privacy-statment