Closed Circuit Television Systems (CCTVS) are installed in St John’s N.S.
New CCTV systems will be introduced in consultation with staff, the BoM and the parents’ association. Where systems are already in operation, their operation will be reviewed regularly in consultation with staff, the BoM and the parents’ association.
Purpose of Policy
The purpose of this policy is to regulate the use of Closed Circuit Television and its associated technology in the monitoring of both the internal and external environs of the premises under the remit of the BOM of St John’s N.S.
CCTV systems are installed (both internally and externally) in the premises for the purpose of enhancing security of the building and its associated equipment as well as creating a mindfulness among the occupants, at any one time, that a surveillance security system is in operation within and/or in the external environs of the premises during both the daylight and night hours each day. CCTV surveillance at the School/ETB is intended for the purposes of:
1. protecting the school buildings and school assets, both during and after school hours;
2. promoting the health and safety of staff, pupils and visitors;
3. preventing bullying;
4. reducing the incidence of crime and anti-social behaviour (including theft and vandalism);
5. supporting the Gardaí in a bid to deter and detect crime;
6. assisting in identifying, apprehending and prosecuting offenders; and
7. ensuring that the school rules are respected so that the school can be properly managed
This policy relates directly to the location and use of CCTV and the monitoring, recording and subsequent use of such recorded material. Where classes and activities are carried out in rented premises, St John’s N.S. will ensure that CCTV systems, where installed, are operated only in a way that is compatible with the provisions of this policy.
The BOM of St John’s N.S. as the corporate body has a statutory responsibility for the protection of its property, equipment and other plant as well providing a sense of security to its employees, students and invitees to its premises. The BOM of St John’s N.S. owes a duty of care under the provisions of Safety, Health and Welfare at Work Act 2005 and associated legislation and utilises CCTV systems and their associated monitoring and recording equipment as an added mode of security and surveillance for the purpose of enhancing the quality of life of the school community by integrating the best practices governing the public and private surveillance of its premises
The use of the CCTV system will be conducted in a professional, ethical and legal manner and any diversion of the use of CCTV security technologies for other purposes is prohibited by this policy e.g. CCTV will not be used for monitoring employee performance
Information obtained through the CCTV system may only be released when authorised by the Principal, following consultation with the Chairperson of the BoM. Any requests for CCTV recordings/images from An Garda Síochána will be fully recorded and legal advice from the data protection commissioner/legal advice will be sought if any such request is made. (See “Access” below)
CCTV monitoring of public areas for security purposes will be conducted in a manner consistent with all existing policies adopted by the school, including the provisions set down in equality and other educational and related legislation
This policy prohibits monitoring based on the characteristics and classifications contained in equality and other related legislation e.g. race, gender, sexual orientation, national origin, disability, etc.
Video monitoring of public areas for security purposes within school premises is limited to uses that do not violate the individual’s reasonable expectation to privacy
Information obtained in violation of this policy may not be used in a disciplinary proceeding against an employee of the school or a student attending one of its schools/centres
All CCTV systems and associated equipment will be required to be compliant with this policy following its adoption by the BOM of St John’s N.S. Recognisable images captured by CCTV systems are personal data. They are therefore subject to the provisions of the Data Protection Acts 1988 to 2018.
Justification for use of CCTV
Data Protection legislation requires that data is “adequate, relevant and not excessive” for the purpose for which it is collected. This means that the BOM of St John’s N.S. needs to be able to justify the obtaining and use of personal data by means of a CCTV system. The use of CCTV to control the perimeter of the school buildings for security purposes has been deemed to be justified by the BoM. The system is intended to capture images of intruders or of individuals damaging property or removing goods without authorisation
CCTV systems will not be used to monitor normal teacher/student classroom activity in school
In other areas of the school where CCTV has been installed, e.g. hallways, stairwells, locker areas, the Principal has demonstrated that there is a proven risk to security and/or health & safety and that the installation of CCTV is proportionate in addressing such issues that have arisen prior to the installation of the system
Location of Cameras
The location of cameras is a key consideration. Use of CCTV to monitor areas where individuals would have a reasonable expectation of privacy would be difficult to justify. The BOM of St John’s N.S. has endeavoured to select locations for the installation of CCTCV cameras which are least intrusive to protect the privacy of individuals. Cameras placed so as to record external areas are positioned in such a way as to prevent or minimise recording of passers-by or of another person’s private property
CCTV Video Monitoring and Recording of Public Areas in St John’s N.S. may include the following:
Protection of school buildings and property: The building’s perimeter, entrances and exits, lobbies and corridors, special storage areas, cashier locations, receiving areas for goods/services
Monitoring of Access Control Systems: Monitor and record restricted access areas at entrances to buildings and other areas
Verification of Security Alarms: Intrusion alarms, exit door controls, external alarms
Video Patrol of Public Areas: Parking areas, Main entrance/exit gates, Traffic Control
Criminal Investigations (carried out by An Garda Síochána): Robbery, burglary and theft surveillance
St John’s N.S. will not engage in covert surveillance
Where An Garda Síochána requests to carry out covert surveillance on school premises, such covert surveillance may require the consent of a judge. Accordingly, any such request made by An Garda Síochána will be requested in writing and the school will seek Data Protection Commissioner/legal advice
NOTIFICATION – SIGNAGE
The Principal will provide a copy of this CCTV Policy on request to staff, students, parents and visitors to the school. This policy describes the purpose and location of CCTV monitoring, a contact number for those wishing to discuss CCTV monitoring and guidelines for its use. The location of CCTV cameras will also be indicated to the BoM and, in the case of ETB schools, also to the CEO.
Adequate signage will be placed at each location in which a CCTV camera(s) is sited to indicate that CCTV is in operation. Adequate signage will also be prominently displayed at the entrance to St John’s N.S. property. Signage shall include the name and contact details of the data controller as well as the specific purpose(s) for which the CCTV camera is in place in each location
CCTV cameras in operation
Images are being monitored and recorded for the purpose of crime-prevention, the prevention of anti-social behaviour, the prevention of bullying, for the safety of our staff and students and for the protection of St John’s N.S. and its property. This system will be in operation 24 hours a day, every day. These images may be passed to An Garda Síochána.
This system is controlled by the BoM of St John’s N.S.
For more information contact the Principal on 01 2855525
Appropriate locations for signage will include:
• at entrances to premises i.e. external doors, school gates
• reception area
• at or close to each internal camera
Storage & Retention
Data Protection legislation states that data “shall not be kept for longer than is necessary for” the purposes for which it was obtained. A data controller needs to be able to justify this retention period. For a normal CCTV security system, it would be difficult to justify retention beyond a month (28 days), except where the images identify an issue – such as a break-in or theft and those particular images/recordings are retained specifically in the context of an investigation/prosecution of that issue
Accordingly, the images captured by the CCTV system will be retained for a maximum of 28 days, except where the image identifies an issue and is retained specifically in the context of an investigation/prosecution of that issue
The images/recordings will be stored in a secure environment with a log of access kept. Access will be restricted to authorised personnel. Supervising the access and maintenance of the CCTV System is the responsibility of the BoM. The Principal may delegate the administration of the CCTV System to another staff member. In certain circumstances, the recordings may also be viewed by other individuals in order to achieve the objectives set out above (such individuals may include the Gardaí, the Deputy Principal, other members of the teaching staff, representatives of the Department of Education and Skills, representatives of the HSE and/or the parent of a recorded student). When CCTV recordings are being viewed, access will be limited to authorised individuals on a need-to-know basis.
Tapes/DVDs/portable storage devices will be stored in a secure environment. Access will be restricted to authorised personnel. The area will be locked
Access to the CCTV system and stored images will be restricted to authorised personnel only i.e. the Principal of the school
In relevant circumstances, CCTV footage may be accessed:
1. By An Garda Síochána where St John’s N.S. are required by law to make a report regarding the commission of a suspected crime; or
2. Following a request by An Garda Síochána when a crime or suspected crime has taken place and/or when it is suspected that illegal/anti-social behaviour is taking place on St John’s N.S. property, or
3. By the HSE and/or by any other statutory body charged with child safeguarding; or
4. To assist the Principal in establishing facts in cases of unacceptable student behaviour, in which case the parents/guardians will be informed; or
5. To data subjects (or their legal representatives), pursuant to an access request where the time, date and location of the recordings is furnished to St john’s N.S., or
6. To individuals (or their legal representatives) subject to a court order
7. To the school’s insurance company where the insurance company requires same in order to pursue a claim for damage done to the insured property
Requests by An Garda Síochána: Information obtained through video monitoring will only be released when authorised by the Principal following consultation with the Chairperson of the BoM. If An Garda Síochána request CCTV images for a specific investigation, An Garda Síochána may require a warrant and accordingly any such request made by An Garda Síochána should be made in writing and the school should immediately seek legal advice.
Access requests: On written request, any person whose image has been recorded has a right to be given a copy of the information recorded which relates to them, provided always that such an image/recording exists i.e. has not been deleted and provided also that an exemption/prohibition does not apply to the release. Where the image/recording identifies another individual, those images may only be released where they can be redacted/anonymised so that the other person is not identified or identifiable. To exercise their right of access, a data subject must make an application in writing to the school Principal/CEO of the ETB. The school must respond within 1 month.
Access requests can be made to the following: <Name of Principal and address>
A person should provide all the necessary information to assist St John’s N.S. in locating the CCTV recorded data, such as the date, time and location of the recording. If the image is of such poor quality as not to clearly identify an individual, that image may not be considered to be personal data and may not be handed over by the school
In giving a person a copy of their data, the school may provide a still/series of still pictures, a tape or a disk with relevant images. However, other images of other individuals will be obscured before the data is released
The Principal will:
1. Ensure that the use of CCTV systems is implemented in accordance with the policy set down by the BOM of St John’s N.S.
2. Oversee and co-ordinate the use of CCTV monitoring for safety and security purposes within St John’s N.S.
3. Ensure that all existing CCTV monitoring systems will be evaluated for compliance with this policy
4. Ensure that the CCTV monitoring at St John’s N.S. is consistent with the highest standards and protections
5. Review camera locations and be responsible for the release of any information or recorded CCTV materials stored in compliance with this policy
6. Maintain a record of access (e.g. an access log) to or the release of tapes or any material recorded or stored in the system
7. Ensure that monitoring recorded tapes are not duplicated for release
8. Ensure that the perimeter of view from fixed location cameras conforms to this policy both internally and externally
9. Approve the location of temporary cameras to be used during special events that have particular security requirements and ensure their withdrawal following such events. NOTE: [Temporary cameras do not include mobile video equipment or hidden surveillance cameras used for authorized criminal investigations by An Garda Síochána]
10. Give consideration to both students’ and staff feedback and/or complaints regarding possible invasion of privacy or confidentiality due to the location of a particular CCTV camera or associated equipment
11. Ensure that all areas being monitored are not in breach of an enhanced expectation of the privacy of individuals within the school and be mindful that no such infringement is likely to take place
12. Co-operate with the Health & Safety Officer of St John’s N.S. in reporting on the CCTV system in operation in the school
13. Ensure that external cameras are non-intrusive in terms of their positions and views of neighbouring residential housing and comply with the principle of “Reasonable Expectation of Privacy”
14. Ensure that monitoring tapes/DVDs/digital recordings are stored in a secure place with access by authorized personnel only
15. Ensure that images recorded on tapes/DVDs/digital recordings are stored for a period not longer than 28 days and are then erased unless required as part of a criminal investigation or court proceedings (criminal or civil) or other bona fide use as approved by the BoM
16. Ensure that when a zoom facility on a camera is being used, there is a second person present with the operator of the camera to guarantee that there is no unwarranted invasion of privacy
17. Ensure that camera control is solely to monitor suspicious behaviour, criminal damage etc. and not to monitor individual characteristics
18. Ensure that camera control is not infringing an individual’s reasonable expectation of privacy in public areas
19. Ensure that where An Garda Síochána request to set up mobile video equipment for criminal investigations, Data Protection Commissioner/legal advice has been obtained and such activities have the approval of the Chairperson of the Board
The school CCTV system is controlled by a security company contracted by the school BoM. The following applies:
The school has a written contract with the security company in place known as a Third Party Service Agreement which details the areas to be monitored, how long data is to be stored, what the security company may do with the data, what security standards should be in place and what verification procedures apply. The written contract also states that the security company will give the school all reasonable assistance to deal with any subject access request made under Data Protection legislation which may be received by the school within the statutory time-frame i.e. 1 month
Security companies that place and operate cameras on behalf of clients are considered to be ‘Data Processors’. As data processors, they operate under the instruction of data controllers (their clients i.e. School BoM). Data Protection legislation places a number of obligations on data processors. These include having appropriate security measures in place to prevent unauthorised access to, or unauthorised alteration, disclosure or destruction of, the data, in particular where the processing involves the transmission of data over a network and against all unlawful forms of processing. This obligation can be met by having appropriate access controls to image storage or having robust encryption where remote access to live recording is permitted. Staff of the security company have been made aware of their obligations relating to the security of data. See Third Party Service Agreement for further guidance.
Implementation & Reviews
This policy will be reviewed and evaluated from time to time. On-going review and evaluation will take cognisance of changing information or guidelines (e.g. from the Data Protection Commissioner, An Garda Síochána, Department of Education and Skills, Audit units (internal and external to the school), national management bodies, legislation and feedback from parents/guardians, students, staff and others.
The date from which the policy will apply is the date of adoption by the BoM. Implementation of the policy will be monitored by the Principal of the school.
Ratification & Communication
Ratified at the BoM meeting on 06/06/18 and signed by Chairperson. Secretary recorded the ratification in the Minutes of the meeting
Monitoring the implementation of the policy
The implementation of the policy shall be monitored by the Principal, staff and the Board of Management
Reviewing and evaluating the policy
The policy will be reviewed and evaluated after 2 years. On-going review and evaluation will take cognisance of changing information or guidelines (e.g. from the Data Protection Commissioner, Department of Education and Skills or TUSLA), legislation and feedback from parents/guardians, students, school staff and others. The policy will be revised as necessary in the light of such review and evaluation and within the framework of school planning.