Privacy Policy

BODY WORN VIDEO POLICY

FEBRUARY 2024

Body worn video (BWV) is a portable system that provides audio and visual record of activities undertaken by the wearer. Sound and images are recorded on a tamper proof, encrypted storage device, thereby ensuring a secure chain/custody of evidence.

The primary purpose of BWV is to diffuse situations, prevent physical and verbal aggression against staff, and capture video and audio images that may be used by police and colleagues for the purposes of investigating and taking action against offenders.

This policy establishes a framework with respect to the planning, introduction and use of BWV devices by BWV users.  Together with the Body Worn Video User Guidance document provides guidance on the applicable legislation, management and retention of audio and visual data produced by BWVs.

BWV technology has a number of benefits and the aim is to achieve and promote improved communication between BWV users and the public. In particular, it covers a number of specific objectives, namely:

  • good quality evidence of conversations with the public, which will assure fairness, transparency and accountability supporting trust and confidence between BWV users and the public;
  • provision of reliable evidence of conflict or confrontation, contraventions and any other matters that might lead to complaints;
  • allowing for more detailed examination of the events leading up to and management of incidents;
  • enhanced evidence capture;
  • promoting positive behaviour and interaction between BWV users and members of the public etc..

BWV will be used to support:

  • de-escalation of conflict or confrontation;
  • the prevention or detection of crime and disorder
  • criminal and civil action in the courts (including the use of images as evidence in proceedings);
  • the appropriate enforcement authority such as the police by providing for example, BWV footage of incidents
  • the protection of staff;
  • dispute resolution e.g.: complaints against staff;
  • the development of staff skills through use of operational footage for training purposes.

Recorded images will not be used routinely for reviewing staff activities.  However, if allegations are brought forward that a member of staff could have committed a crime or serious misconduct, recorded images may be used in an investigatory context to help establish whether allegations are upheld.

Unless they are the subject of criminal, anti-social or threatening behaviour or are the target of abuse by a third party, users will endeavour not to record images of children who are or appear to be under the age of 13.

This policy applies to all staff who use BWV.

ASSOCIATED DOCUMENTATION

This policy should be read in conjunction with:

EHT Video Surveillance System Policy (VSS)

EHT Body Worn Video User Guidance

EHT Site-specific Video Surveillance Code of Practice

LEGISLATION

This policy is based on current legislation and will make best endeavours to meet its requirements in a proportionate manner. Relevant legislation is listed below:

  • Human Rights Act 1998
  • Freedom of Information Act 2000
  • Private Security Industry Act 2001
  • Protection of Freedoms Act 2012
  • UK General Data Protection Regulation 2018
  • Data Protection Act 2018
  • Criminal Procedure and Investigations Act 1996

Throughout, the principle objective is ensuring that any interference with the rights of parties can only be justified if it is:

  • necessary
  • in pursuit of a legitimate aim – such as the prevention of crime
  • in accordance with the law

ORGANISATIONAL RESPONSIBILITY

The EHT Video Surveillance System Policy (VSS) provide details on the overarching framework for managing video surveillance systems.  To ensure the Body Worn Video Policy is delivered successfully the following roles have been designated:

  • Administrator – strategic responsibility for delivery of the service and management of data stored on the video management platform; overview of EHT’s performance
  • Manager - responsible for management of local system(s) with daily oversight of system use.
  • Users – for each system, the manager will identify authorised staff who are regular users of the equipment

PLANNING FOR USE – design installation and deployment

The use of BWV is sensitive both for our staff and public.  It should only be used after careful consideration and where the experience of site staff and frequency/seriousness of incidents indicate that other security measures have proved ineffective. The process must include:

  • Discussion with relevant Head of Historic Properties
  • Discussion with National Security Advisor
  • Completion of a Data Protection Impact Assessment
  • Liaison with stakeholders including the local community
  • Liaison with Information Governance Team
  • Procuring the system – using relevant standards we will engage with the market where accredited service providers will interpret and develop the proposal to provide a framework agreement. Once established, new users will use the existing service-provider contract for BWV.
  • All users undergo training

TRAINING

Staff members identified above will receive training according to their role to discharge these duties.  In particular, Authorised Users will be trained to comply with this policy and BWV User Guidance. They will understand that all information relating to the VSS images must be handled securely.  If staff misuse the surveillance system, they may be committing an offence and will lead to disciplinary proceedings.

Training will include:

  • Accredited online BWV session
  • Hands-on instruction on using camera units
  • Guidance on data management
  • Familiarisation with policies and guidance

STORAGE AND RETENTION

All recorded images are encrypted and will be transferred from camera units at the end of their shift and uploaded automatically to the service provider’s video management platform, which will operate in accordance with all legislation described above.  Cameras and docking stations will be stored in secure locations.

Images will be stored for 30 days and automatically deleted.  Images required for further investigation will be saved to a discreet folder and retained until the investigation is complete.  Such folders will be reviewed  every three months and data deleted if no longer required.

Images will be safeguarded by an audit trail. The information is stored in such a way so that recordings relating to a specific individual or event can be easily identified, located and retrieved. Data is also stored in a way that remains under the EHT control, retains the quality of the original recording and is adequate for the purpose for which it was originally collected.

Viewing and disclosure

Access to review stored images will be restricted to managers and administrators.  Users will have no sole-access to recorded images but may view images if requested to by a manager or administrator. Access will be provided by secure link that allow people outside the system to view an incident without compromising Video Manager's security.  Images of third parties will be redacted, using the ‘Incident clip redactor’ function which has numerous types of redaction.

Disclosure of data to third parties will be managed in line with the EHT VSS Policy.

LOSS OF A CAMERA DURING DUTY

Recorded data is encrypted and saved in proprietary format so that only specially trained personnel can retrieve data.  Additionally, if the device remains online, recorded footage can be downloaded and removed; and, using the GPS function the device will be locatable.

GENERAL USE OF BODY WORN VIDEO

Our systems will be operated in a transparent way, ensuring they are fit for their stated purpose, by liaising with stakeholders in the initial design.  As well as addressing any concerns they may have, this will help to ensure that their privacy is not compromised.  We will ensure that processing is necessary and proportionate.  Additionally:

  • Information about surveillance will be included in our Privacy Policy
  • A copy of this Body Worn Video Policy will be made available on our website
  • A copy of the Code of Practice for each system will be available on request
  • Signage will be prominently displayed where each system operates, at locations before entering the area under surveillance. Signage will include contact details for Customer Services as well as the presence of BWV.

MAINTENANCE

All equipment will be serviced and maintained by the service provider under the terms of their contract, ensuring the system remains fit for purpose.

SYSTEM REVIEW AND AUDIT

We will carry out systematic reviews of system performance to ensure they remain fit for purpose or in need of any changes to technology.

This review will consider:

  • Has the scope of the scheme changed since last review? Are more/less camera units required?
  • Is the equipment functioning as expected?

Data Subject Rights

The rights available to individuals under the UK GDPR continue to apply, including the right to access recorded data or request it is erased. There may be circumstances where we cannot comply with such a request, either in part or in full. For example, the processing relates to a crime whereby the recorded data may be shared with law enforcement as part of an investigation or the provision of data may prejudice an investigation by the police. All such requests will be recorded by the site system manager who will inform the Information Governance Team, who will process the request.