SOUTH CENTRAL AMBULANCE SERVICE NHS FOUNDATION TRUST HEALTH AND SAFETY POLICY (APPENDIX N ) CLOSED CIRCUIT TELEVISION POLICY

Transcription

1 SOUTH CENTRAL AMBULANCE SERVICE NHS FOUNDATION TRUST HEALTH AND SAFETY POLICY (APPENDIX N ) CLOSED CIRCUIT TELEVISION POLICY DOCUMENT INFORMATION Author: John Dunn, Head of Risk & Safety Consultation & Approval: Staff Consultation Process: (21 days) ends: 15 Oct 2012 Health, Safety & Risk Group: 13 Nov 2012 This document replaces: Closed Circuit Television Policy V2 Sep 2010 Notification of Policy Release: All Recipients: Staff Notice Boards Intranet/Internet Equality Impact Assessment Stage 1 EIA undertaken: No issues identified Date of Issue: September 2012 Next Review: September 2016 Version: V4 1

2 SOUTH CENTRAL AMBULANCE SERVICE NHS FOUNDATION TRUST HEALTH AND SAFETY POLICY (APPENDIX N) CLOSED CIRCUIT TELEVISION POLICY Contents Page 1.0 Purpose Scope Responsibilities Vehicle Saloon CCTV Recording Systems Vehicle Exterior CCTV Recording Systems Storage, Security and Maintenance Trust Premises Disciplinary Procedures Clinical Negligence Police Access to Data Third Party Access to Data Public Information Signage Subject Access Requests Monitoring and Review References 10 Appendix 1: Authorised Persons to Access or Maintain CCTV Systems 11 Appendix 2: CCTV Subject Access Information 12 Equality Impact Assessment

3 Review and Amendment Log Version No Type of Change Date Description of Change V.3 Annual review Sep Addition of Amendment Log - Changes to reflect Foundation Trust status - Changes to job titles following Clinical/Operational restructure - Changed CFSMS to NHS Protect - New CCTV system added - Authorisation Persons list amended - Addition of EIA V4 Bi-annual review August Reference to flash cards. - Reference to hard disc drive - Reference to Datix and IR1 forms - Replace reference to Clinical Review Group with Patient Safety Group. - Replace reference to PALs with Patient Experience. 3

4 1.0 PURPOSE 1.1 The purpose of this policy is to explain the operational use of Trust property and vehicle mounted Closed Circuit Television (CCTV) recording systems. The Trust s CCTV recording systems are for maintaining the security of premises, for preventing and investigating crime, protecting staff and accurately investigating serious road traffic collisions (RTC) involving SCAS vehicles. 1.2 This policy details the circumstances when the CCTV recording system may be used by South Central Ambulance Service NHS Foundation Trust or by external agencies such as the Police in connection with any alleged incident connected with the following: The detection, prevention or reduction of incidents of theft from Trust property or alleged incidents of violence against Trust employees or any person or persons involved in Trust work, or to ascertain the actual events leading up to, during and following, a serious RTC involving a SCAS vehicle. 1.3 This policy will explain when a recording may not be used, for example as part of any disciplinary procedure or in connection with any alleged clinical negligence against a member of staff (see sections 8 and 9 below). 1.4 The use of CCTV recording systems is subject to the requirements of the Data Protection Act 1998 and as such needs to comply with Data Protection Principles. The Trust is registered to operate CCTV cameras under the Data Protection Act. 1.5 This policy has been written to safeguard the individual s rights in compliance with the relevant legislation and guidance including; Health & Safety at Work Act 1974; Human Rights Act 1998; Secretary of State Directions on Security Management Measures (March 2004); guidance issued by NHS Protect relating to CCTV; guidance issued by the Information Commissioner s Office and guidance issued by the Security Industry Authority. 2.0 SCOPE 2.1 This policy applies to all ambulance staff or any other persons employed directly or indirectly by the Trust who are involved in patient care/treatment or any other dealings with any member of the public within Trust property or the saloon area of emergency response vehicles fitted with a CCTV recording system or any persons driving a Trust vehicle in the case of a RTC activation. 2.2 Any information captured by the CCTV recording system shall only be used for the purposes of maintaining the security of premises, preventing and investigating crime or assisting with a serious RTC investigation, i.e. protecting Trust property from theft and employees from acts of violence and aggression by patients or any other member of the public or establishing an accurate account of events surrounding a serious RTC. 2.3 Any information captured by the CCTV recording system shall only be used for the purposes and means as defined in this policy. 2.4 Access to recorded material shall only take place as defined in this policy. 2.5 Recorded material shall not be sold or used for commercial purposes or the provision of entertainment. 4

5 2.6 The showing of recorded material to the public shall only be allowed in accordance with the law, either in compliance with the needs of the police in connection with the investigation of crime, which shall be conducted in accordance with the provision of any relevant policy under the Police and Criminal Evidence Act 1984 and any advice and guidance given to the police from time to time or in any other circumstances provided by law. 3.0 RESPONSIBILITIES 3.1 The Director of Patient Care, as the nominated Security Management Director (SMD), has overall legal responsibility for the Trust s CCTV systems. 3.2 The Local Security Management Specialist (LSMS) is responsible for maintaining an oversight of the CCTV systems, and the procedures supporting their operational use to ensure compliance with NHS Security Management Service guidance and provide assurance to the SMD that the requirements set out in that guidance are met. He is also responsible for maintaining secure access to all recordings which may be captured by the vehicle saloon CCTV recording system. The LSMS shall be responsible for the removal of any hard disk/flash card following any incident in the saloon and for the installation of a replacement. 3.3 The Driving Standards Manager (DSM) is responsible for the downloading, storage and use of any images gathered from a vehicle which has been involved in a RTC. It is also the DSM s responsibility to liaise with the Police or other interested parties if required following such an incident. 3.4 The Head of Fleet shall be responsible for the installation and maintenance of the CCTV recording system within vehicles in consultation with the Trust s LSMS. He/she will ensure that the images captured and recorded by the system are of an appropriate quality and that the record logs of inspection, maintenance and repair work in respect of the CCTV system are properly maintained and audited. 3.5 The Head of Estates shall be responsible for the installation and maintenance of CCTV systems within buildings and premises in consultation with the Trust s LSMS. He/she will ensure that the images captured and recorded by the system are of an appropriate quality and that record logs of inspection, maintenance and repair work in respect of the CCTV system are properly maintained and audited. 3.6 The Vehicle Commissioning Unit (VCU) Team Lead shall be responsible for the commissioning and repair of the CCTV recording system on all vehicles. 3.7 All staff involved in the operation of CCTV or the monitoring of images have a responsibility to comply with the provisions of the Data Protection Act 1998, CCTV Code of Practice and Security Industry Authority Licensing requirements. 4.0 VEHICLE SALOON CCTV RECORDING SYSTEMS 4.1 There are three different CCTV recording systems currently installed and linked to the internal camera in the saloons of front line ambulances (DCU). 4.2 Pre-June 2008 Mercedes Sprinters and Ford Ivecos have a hard disk installed which, whilst powered up, passively records a continuous 30 second live loop from the saloon camera. Once activated the last 30 second loop is stored on the system plus an additional 30 minutes of recording. The recording can be stopped by turning off the 5

6 hard disk is sufficient to capture approximately 75 events. 4.3 Post-June 2008 IVECOS have a flash card installed which operates in the same way as the hard drive in paragraph 4.2, except the capacity is sufficient to capture approximately 13 events only. This is offset by its ease of removal and replacement. 4.4 WAS Mercedes have a flash card installed which, whilst powered up, passively records a continuous 5 second loop from the saloon camera. Once activated, the last five second loop is stored on the system plus an additional four minutes of recording. The recording can be stopped by turning off the ignition however events captured up to that point will be stored. The capacity of the flash card is sufficient to capture two further weeks of recording after activation before being overwritten plate Mercedes and 58 plate Ivecos also have a hard disk installed which operates in a manner similar to the hard drive in paragraph 4.2, except the capacity is sufficient to capture a further four weeks of recordings after activation before being overwritten. 4.6 The vehicle saloon CCTV recording system is activated by pressing the emergency strip located in the roof of the saloon running from front to rear in all vehicles or, in the WAS Mercedes only, using the strips located beside the attendants seats to the left and head of the stretcher. 4.7 If a saloon activation of a potential incident has taken place the person who activated the CCTV recording system must contact the Operational Support Desk (OSD) and record the event using the Trust s Incident reporting system, Datix or on an IR1 form. If the person who activated the CCTV recording system is not able to contact the OSD or any other member of staff who is aware of its activation, they must contact the OSD and record the event using the Trust s Incident reporting system, Datix or on an IR1 form. The LSMS will then take steps to remove the hard drive/flash card to a secure place to act as evidence or as necessary to erase the recording within seven days. 4.8 On removal of the hard drive/flash card for viewing purposes or use in legal proceedings the LSMS will ensure the following is documented and recorded on incident report form (Datix or IR1 form): The date and time of removal The reason for removal The name of the person removing the hard drive/flash card The name(s) and organisation of the person(s) viewing or receiving the images The location of the images and any other relevant information The outcome of the viewing Any crime URN to which the images may be relevant The signature of the collecting Police Officer The date and time the hard drive/flash card was returned to the system or secure place, if they have been retained for evidence purposes. 5.0 VEHICLE EXTERIOR CCTV RECORDING SYSTEMS 5.1 There are two different CCTV recording systems currently installed and linked to the exterior cameras of DCUs. Recordings are stored on the same device as the interior saloon cameras. 5.2 Ford Ivecos have a front facing camera installed which, whilst powered up, passively records a continuous 30 second live loop. Once activated, the last 30 second loop is 6

7 stored on the system plus an additional 30 minutes of recording. This system is activated on impact with another vehicle or obstruction which will also activate the internal saloon camera. Recordings are stored on either a hard drive or flash card depending on the date of manufacture as described in paragraphs 4.2 and 4.3. The capacity will also be determined by the type of storage device. 5.3 WAS Mercedes have front, rear and side facing cameras installed which continuously record, whilst powered up, and the vehicle is moving or if motion is detected. Recordings will be held on the flash card for approximately two weeks before being overwritten. 5.4 Post October 2012, Ford Mondeo RRVs will also have a combined CCTV / Incident Data Recorder unit fitted. This is referred to as a Video Data Recorder (VDR). It has front and rear facing cameras installed which continuously record, whilst powered up, and the vehicle is moving of if motion is detected. Recording will be stored on a 500Gb hard drive which is sufficient to capture a minimum of approximately two weeks recordings before being overwritten. 5.5 When activation occurs through a RTC, the CCTV system will record in tandem with, where fitted, the Incident Data Recorder (IDR), thus capturing vital evidence surrounding the lead up to the incident and ensuring that all relevant evidence is preserved for investigation, insurance claims purposes and potential production in court if required. Vehicles equipped with a VDR unit (as in 5.4 above) will store the combined information. 5.7 As part of the ensuing investigation process following an RTC, the following information will be recorded and may be included within the Investigation Report if deemed salient by the Driving Standards Department: The date and time of removal The reason for removal The name of the person removing the hard drive/flash card The name(s) and organisation of the person(s) viewing or receiving the images The location of the images and any other relevant information The outcome of the viewing Any crime URN to which the images may be relevant The signature of the collecting Police Officer The date and time the hard drive/flash card was returned to the system or secure place, if they have been retained for evidence purposes. 6.0 STORAGE, SECURITY AND MAINTENANCE 6.1 Each hard drive/flash card system will be secured in a locked cupboard on vehicles and fitted with a tamper proof identity tag. This will deter or prevent tampering with or unauthorised viewing of their contents and make any such tampering evident. 6.2 All hard disks/flash cards which are not secured and tagged within a CCTV system will be kept secure under locked conditions by the LSMS with the exception of two hard disks which will be kept by the VCU Team Lead under locked conditions which will be used for maintenance purposes. Any hard disk or duplicate hard disk which is supplied to an approved third party must be kept in a secure location. 6.2 Removal of the hard drive for maintenance purposes should be documented as follows by the VCU Team Lead and recorded details passed to the LSMS for 7

8 documenting. The date and time of maintenance The name of the person performing the maintenance The reason for the maintenance Type of maintenance being carried out. 7.0 TRUST PREMISES 7.1 South Central Ambulance NHS Trust currently uses a 24 hour close circuit television system which are in operation in some of it premises. 7.2 Images will not be retained for any longer than necessary, up to a maximum of 40 days unless they are required in respect of the investigation of an alleged crime. 7.3 If a potential security breach has taken place it will be the responsibility of the site manager or other designated members of staff to assess whether any CCTV images may have captured the details of the incident. 7.4 If there is any possibility that such images may have been captured the site manager must contact the LSMS and make them aware that a relevant recording may have taken place. 7.5 CCTV cameras will be sited in such a way that they can only monitor areas intended to be monitored by the equipment. Staff involved in the operation of the CCTV equipment will be made aware they are only able to use the equipment for the purpose of maintaining the security of premises, preventing and investigating crime. CCTV monitors will be sited so that they can only be accessed and viewed by authorised personnel. 8.0 DISCIPLINARY PROCEDURE The information captured by the CCTV recording system may only be used for the purposes as described in paragraph 2.2 and may not be used against any staff member in any disciplinary hearing unless in connection with the use as outlined in CLINICAL NEGLIGENCE The information captured by the CCTV recording system may only be used for the purposes as described in 2.2 and may not be used against any staff member in any allegation of clinical negligence unless in connection with the use as outlined in POLICE ACCESS TO DATA 10.1 Police may apply for access to hard drives/flash cards, by agreement, where they reasonably believe that access to specific footage is necessary for the investigation and detection of a particular offence or offences, or for the prevention of crime Police may obtain access to CCTV media under the provision of the Police and Criminal Evidence Act 1984 (PACE). Police requesting data should be made in writing to the Trust s Information Governance Manager and should state the purpose of the request and, as clearly as possible, how failure to disclose would prejudice the stated purpose. For example, the request should make clear why it is envisaged that the provision of information would prevent crime and/or why the apprehension or prosecution of an offender is necessary and how the information will assist in the 8

9 investigation, e.g. why proceedings might fail without the information Staff may be required to provide the Police with statements required for evidential purposes THIRD PARTY ACCESS TO DATA 11.1 Access to hard drives/flash cards may be obtained in connection with civil disputes by court order or be extended to lawyers acting for defendants or victims in connection with criminal proceedings No other access shall be allowed unless approved by the Director of Patient Care in conjunction with the Information Governance Manager and LSMS who will review requests in line with the purpose and objectives of the scheme and in accordance with the policy PUBLIC INFORMATION SIGNAGE 12.1 Signage that CCTV cameras are operating shall be displayed at the perimeter of the area covered by the scheme and at other key points including the saloon area of vehicles The purpose of the signs are to: comply with Data Protection Legislation alert individuals of the operation of a CCTV scheme to deter potential criminal activity CCTV signs should be sufficient in number and positioned in such a way to ensure (as far as reasonably possible) that individuals entering an area covered by the scheme are aware that they are entering an area covered by CCTV There is no requirement to place signs directly under cameras SUBJECT ACCESS REQUESTS 13.1 Members of the public are entitled to make requests under the Data Protection Act for copies of images of themselves held as a result of CCTV recordings In the event of such a request the member of the public shall be provided with a standard subject access request letter. See Annex A charge may be levied in respect of the request up to a maximum of 10 to cover the costs of dealing with the request The Information Governance Manager will be responsible for considering any such requests in the light of the Data Protection Act, guidance set out in the CCTV Code of Practice issued by the Information Commissioner s Office and in compliance with this policy document Once the Information Governance Manager has received a request and is satisfied that the request is in order and can be responded to, payment for the provision of the information should be sought. Once this payment is received the response should be disclosed as soon as possible. The statutory time frame for replying to Data Protection 9

10 Subject Access requests is 40 days; however the NHS aims to respond within 21 days. This time frame begins from the initial receipt of the request and may only be halted if clarification of the request or payment is sought Requests for Subject Access may be refused on a number of grounds; in particular there are exemptions to subject access rights where to comply with the request may prejudice: the prevention or detection of crime the apprehension or prosecution of offenders The Trust retains the right as data controller to make the ultimate decision on disclosure of CCTV images MONITORING & REVIEW 14.1 This Policy will be reviewed b i annually by the Health, Safety and Risk Group to ensure that protocols in place are sufficient and that there have not been any changes in practice The Risk Department will collate all completed incident report forms (via Datix and IR1 forms) and produce incident statistics and summaries for the Executive Team, Quality and Safety Committee and Health, Safety and Risk Group. Incidents involving Clinical Risk will be discussed at the Patient Safety Group An integrated risk management software system will be used to record incidents, complaints and Patient Experience inquiries and will be used to identify trends to enabling efforts and resources to be targeted towards high risk areas REFERENCES Data Protection Act 1998 European Convention on Human Rights Durant vs. FSA appeal court ruling Information Commissioner s Office CCTV Data Protection Codes of Practice CFSMS Report by John Baldwin QC Adverse Incident Reporting and Investigation Policy 10

11 Appendix 1 AUTHORISED PERSONS TO ACCESS OR MAINTAIN CCTV SYSTEMS Name Deirdre Thompson John Dunn Barbara Sansom Stephen Dodd Elizabeth Baxter Jeffrey Harrisskitt Phil Pimlott Richard Kersley Jon Porter Cliff Pierce Title Director of Patient Care Head of Risk & Security (LSMS) Information Governance Manager Risk Manager (Non-Clinical) Risk Assistant Risk Assistant Assistant Director of Support Services Vehicle Commissioning Unit Team Lead Driving Standards Manager Driving Standards Assistant Temporary access may be given to other members of staff or contractors authorised by the Director of Patient Care or Head of Fleet. 11

12 Appendix 2 CCTV SUBJECT ACCESS INFORMATION (Draft letter) Under the terms of the Data Protection Act 1998, individuals whose images are recorded on CCTV systems have the right to view the images of themselves and unless agreed otherwise to be provided with a copy of those images. Your attention is drawn to the South Central Ambulance Service NHS Foundation Trust CCTV Policy document, which is available upon request. The South Central Ambulance Service NHS Foundation Trust will accept requests made for Personal Data under the Data Protection Act. Such requests may be made in writing to the Trust. All requests for personal images contained on CCTV must include: The date the image was recorded The time the image was recorded A recent photograph of the individual captured on CCTV to enable identification A description of the clothing worn at the time of the recording A description of the scene where the recording took place i.e. vehicle, Trust building Acceptance of the fee of 10 for the production of the images. All requests will be dealt with in accordance with the Data Protection Act 1998 and guidance issued by the Information Commissioner s Office in relation to CCTV. This guidance can be viewed at It should be noted that images captured on the Trust s CCTV system are not normally retained for longer than 40 days. There is a non-refundable 10 administrative charge for your request to be considered. You are reminded that the Trust may not be able to locate your images and payment of any charge does not guarantee that your image has been recorded, or if it has, that your request will be successful. Any request will receive an initial reply within 21 days. For further information please ask for a copy of the South Central Ambulance Service NHS Foundation Trust CCTV policy or contact the Trust Information Governance Manager. 12

13 Equality Impact Assessment Form Section One Screening Name of Function, Policy or Strategy: CCTV Policy Officer completing assessment: Telephone: Steve Mullen, Head of Risk & Security 1. What is the main purpose of the strategy, function or policy? To provide a framework for the use of CCTV within the Trust. 2. List the main activities of the function or policy? (for strategies list the main policy areas) Provides clear guidelines and accountabilities on the use of CCTV. Defines clear standards and expectations of managers and staff. It also details the committees with responsibility for performance monitoring that will be provided by the Trust. 3. Who will be the main beneficiaries of the strategy/function/policy? Staff and Managers 4. Use the table overleaf to indicate the following:- a. W h e r e do you think that the strategy/function/policy could have an adverse impact on any equality group, i.e. it could disadvantage them? b. W h e r e do you think that there could be a positive impact on any of the groups or contribute to promoting equality, equal opportunities or improving relations within equality target groups? 13

14 Positive Impact it could benefit Negative Impact it could disadvantage Reasons GENDER Women N/A N/A No impact either positive or negative identified Men N/A N/A Asian or Asian British People N/A Yes No impact either positive or negative identified If English not first language may effect employee s ability to understand /follow procedures and policy RACE AGE Black or Black British People N/A Yes Chinese people and other people N/A Yes People of Mixed Race N/A Yes White people (including Irish people) N/A N/A Disabled People N/A Yes Lesbians, gay men and bisexuals N/A N/A Transgender N/A N/A Older People (60+) N/A N/A Younger People (17 to 25) and children N/A N/A Faith Groups N/A N/A Equal Opportunities and/or improved relations N/A N/A If English not first language may effect employee s ability to understand /follow procedures and policy If English not first language may effect employee s ability to understand /follow procedures and policy If English not first language may effect employee s ability to understand /follow procedures and policy If English not first language may effect employee s ability to understand /follow procedures and policy If English not first language may effect employee s ability to understand /follow procedures and policy No impact either positive or negative identified No impact either positive or negative identified No impact either positive or negative identified No impact either positive or negative identified No impact either positive or negative identified No impact either positive or negative identified 14

15 Notes: Faith groups cover a wide range of groupings, the most common of which are Muslims, Buddhists, Jews, Christians, Sikhs and Hindus. Consider faith categories individually and collectively when considering positive and negative impacts. The categories used in the race section refer to those used in the 2001 Census. Consideration should be given to the specific communities within the broad categories such as Bangladeshi people and to the needs of other communities that do not appear as separate categories in the Census, for example, Polish. 5. If you have indicated that there is a negative impact, is that impact: Yes No Legal (it is not discriminatory under anti-discriminatory law) Intended X X High Low Level of Impact X If the negative impact is possibly discriminatory and not intended and/or of high impact then please complete a thorough assessment after completing the rest of this form. 6(a). Could you minimise or remove any negative impact that is of low significance? Explain how below: Use clear, simple language 6(b). Could you improve the strategy, function or policy positive impact? Explain how below: Use clear, simple language 7. If there is no evidence that the strategy, function or policy promotes equality, equal opportunities or improves relations could it be adopted so it does? How N/A Please sign and date this form, keep one copy and send one copy to the Trust s Equality Lead. Signed: Name: S Mullen Steve Mullen, Head of Risk & Security Date: 24 September