Correspondence

August 2020

Updated 2 September 2021

Welcome to the 10th edition of my newsletter.

Tony Porter

Surveillance Camera Commissioner

[email protected]

Introduction

In my last newsletter, I shared the news that my commission was due to come to an end shortly. I am pleased that this has now been extended until December 2020 by the Home Office.

The extension will provide an opportunity to continue my engagement with the surveillance camera industry in raising standards as well as laying a solid foundation for my successor. I hope to be able to share news of who that is in the next issue of my newsletter.

The emergence of COVID-19 has changed our world and I am committed to using my regulatory remit to support the industry in coming together to meet the challenges posed by the pandemic and welcome your views on what additional help my office can provide in these difficult times. Please feel free to email my office with your views.

It’s been a busy couple of months for me and the team and I hope you find what’s in this edition useful. Please forward this to anyone you think may be interested and they can subscribe to receive the newsletter themselves by completing a short online form.

In focus – National Surveillance Camera Strategy: Local Authorities

In this issue we are taking a look at what’s happening in the local authorities strand of the National Surveillance Camera Strategy.

In our towns and cities local authorities provide a significant proportion of video surveillance systems designed to support and protect citizens. Many local authorities operate numerous surveillance cameras systems including in libraries, municipal buildings leisure centres and, of course, town centres. In addition, councils operate traffic enforcement cameras, ANPR in car parks, AFR systems and body-worn video used by enforcement officers. The relationship between local authorities and the police is extremely important with regard to keeping our communities safe as the vast majority of footage from local authority CCTV is ultimately used by the police in investigations – from minor offences to the most serious of crimes. The local authorities’ strand of the Strategy is led by Tony Gleason, Chair of the Public CCTV Managers Association. Local authorities is a key part of the strategy as follows:

Objective 5 – Local authorities pro-actively share information about their operation of surveillance cameras and use of data.

Tony said:

During the last 9 months I have been representing the Public CCTV Managers Association and Local Government Association working with the National Police Chiefs’ Council (NPCC) to produce a service level agreement (SLA) which can be used by both the police and local authorities. There has been extensive consultation with a number of parties including the Information Commissioner’s Office, the Investigatory Powers Commissioner’s Office, the Surveillance Camera Commissioner’s Office, the Crown Prosecution Service, Home Office, HMRC, HM Courts and Tribunal Service and National Association of Surveillance Camera Managers and the document is now complete. A number of forces wish to trial the SLA over the next 6 months. Once the trial has been completed the aim is to circulate it nationally through the Surveillance Camera Commissioner next year.

My focus is now on working with the NPCC to evaluate cloud-based solutions which offer remote access to live and recorded CCTV footage in real time or as part of an investigation, and the development of smart cities. I am also assisting in the development of online refresher training for CCTV Managers and operators which should prove to be a cost and time effective way of keeping staff up to date with legislation, technology and good working practices.

R (Bridges) v Chief Constable South Wales Police

The High Court ruling that the South Wales Police’s use of automatic facial recognition technology is lawful was challenged in the Court of Appeal by human rights group Liberty acting on behalf of Ed Bridges. I am grateful to the High Court for granting permission for my intervention in the landmark case.

The case continues to draw attention in the media around the balance between security and civil liberties and the appeal was blogged about by 1 Chancery Lane. I hope to be able to bring you news of the judgement in my next newsletter.

The IFSEC ‘State of the Nation’ webinar

My keynote speech at the IFSEC state of the Nation webinar focused on the achievements and challenges of my tenure as Surveillance Camera Commissioner, video technology and how it impacts on standards, surveillance in the Covid-19 age and the future of regulation.

AB v Hampshire Constabulary in the case of Body Worn Cameras

I made submissions to the Investigatory Powers Tribunal regarding the case of AB v Hampshire Constabulary relating to whether the use of overt body worn cameras can amount to covert surveillance as defined by legislation. The Tribunal concluded that in this case video recording was capable of amounting to “surveillance” under Part II of RIPA (2000).

Raising standards – Third Party certification scheme

Under the provisions of the Protection of Freedoms Act 2012, police forces and local authorities must pay due regard to the Surveillance Camera Code of Practice (SC Code) – for other organisations adoption of the 12 principles in the Code is voluntary.

My third-party certification scheme enables organisations to visibly demonstrate they comply with the Code by displaying my certification mark. A list of certified organisations is also displayed on my website and updated monthly.

Details about the scheme are available on my website or you can contact my team for more information.

Raising standards – Secure by default self-certification scheme

Secure by default: self-certification of video surveillance systems (VSSs).

Self-certification allows manufacturers of surveillance camera devices and components to clearly demonstrate that their products meet minimum requirements to ensure that they are secure by default and secure by design. It will mean that the UK’s resilience against cyber security attacks via VSSs is higher. The new requirements are an important step forward for manufacturers, installers and users alike in providing the best possible assurance for stakeholders that products aren’t vulnerable to cyber-attacks.

Congratulations to the following organisations who’ve been issued my mark in the last quarter:

• Dahua Technology UK Limited
• Honeywell
• Custom Intelligent Security

A list of organisations is also displayed on my website and updated monthly.

In the news – recent events, news and publications

News stories, articles and guidance:

The Secretary of State for Transport has issued new Statutory Taxi and Private Hire Vehicle Standards to licensing authorities aimed at safeguarding children and vulnerable adults. Government and licensing authorities must work together to ensure that the taxi and private hire vehicle services the public use are safe. Page 38 of the standards document sets out the relevant CCTV guidance including the responsibility of “relevant authorities” to comply with the 12 principles of the Surveillance Camera Code of Practice.

Read the DfT statutory guidance

Chris Burt, the editor of BiometricUpdate.com has published an article: Independent committee review of facial biometrics for UK government calls for police transparency.

Read the full article

Guest blogs:

Alex Carmichael, the National Surveillance Camera Strategy Standards strand lead blogged on standardising video surveillance outputs. The blog discusses some work around standardising video data produced by surveillance camera systems and the ability of this video data to be easily retrieved and played by the police and the courts.

Read Alex Carmichael’s blog

If you did not receive this newsletter directly, you can register to receive future editions by completing a short online form.

Tony Porter

Surveillance Camera Commissioner

[email protected]