Police Service of Northern Ireland Body Worn Video (BWV) Privacy Impact Assessment Published Version 1.1 August 2016
Document Classification This document ( Privacy Impact Assessment Body Worn Video ) has been prepared by PSNI and is classified as Official (Public). Document Version Version Description April 2016 0.1 0.3 Internal Drafts 11/05/2015 0.4 Updated following PSNI Business review 12/05/2016 0.5 Additional amendments 13/05/2016 0.6 Additional stakeholders 25/05/2016 0.7 Updated following PSNI senior business review 01/07/2016 0.8 Updated following comments from ICO 07/07/2016 0.9 Following review by business owners 1.0 Published 11/08/2016 1.1 Amendment following final ICO review 2 P a g e
Contents 1. EXECUTIVE SUMMARY... 4 2. SCREENING QUESTIONS... 5 3. THE NEED FOR A PRIVACY IMPACT ASSESSMENT... 6 PURPOSE OF A PRIVACY IMPACT ASSESSMENT... 6 4. LEGISLATIVE CONSIDERATIONS RELATING TO USE OF BWV... 7 LEGISLATION UNDERPINNING ITS USE... 8 COMMON LAW... 8 EUROPEAN CONVENTION OF HUMAN RIGHTS ACT 1998... 8 DATA PROTECTION ACT (DPA) 1998... 10 FREEDOM OF INFORMATION ACT... 12 5. INFORMATION FLOWS FOR BODY WORN VIDEO... 14 BUSINESS PROCESS FLOW... 14 6. CONSULTATION REQUIREMENTS... 16 NI STAKEHOLDERS... 16 NATIONAL STAKEHOLDERS INFORMED AND CONSULTED... 17 7. IDENTIFIED PRIVACY AND RELATED RISKS... 17 8. IDENTIFY PRIVACY SOLUTIONS... 19 9. SIGN OFF AND RECORD PIA OUTCOMES... 22 10. INTEGRATE THE PIA OUTCOMES BACK INTO PROJECT PLAN... 22 11. APPENDICES... 24 3 P a g e
1. Executive Summary In common with other UK police services, and in line with recommendations from a number of sources including the policing college, senior police officers associations and the Home Office, PSNI has initiated a project to implement the use of body worn video (BWV) devices across the service in line with national guidelines. Various studies have shown benefits can be achieved through the prudent use of this technology within modern policing. PSNI s key objective is to enhance the accuracy and reliability of evidence gathered when a police officer attends the scene of a crime or incident. The project must enable the capture of visual and audio evidence at a wide range of high volume front line policing incidents including: Stop & Search; Public order offences; Domestic violence and domestic related crime; and Motoring offences. On completion of the project, BWV will be deployed in the following units: Local Policing Team; Tactical Support Group; Roads Policing Unit; Dog Section; District Support Team; Armed Response Vehicle*; and Neighbourhood Policing Team. * Note that the use of BWV for armed response teams is subject to different procedures. However, in all cases, the use of BWV equipment must be incident specific, proportionate, legitimate, necessary and justifiable. Recognising that this will have an impact upon the privacy of individuals ranging from victims, witnesses and suspects through to officers and the general public, PSNI has initiated a privacy impact assessment. This PIA document has been created to examine the risks and document the mitigation processes, procedures and controls that will ensure a proportionate and pragmatic use of this technology for the greater good of the Northern Ireland community. The approach taken has been to consider the impact upon individual s privacy using the Data Protection Act (DPA) principles as a framework against which the controls may be mapped. PSNI is the Data Controller for this data as defined by the DPA. PSNI proposes to consult with a large number of representative bodies in respect of the use of this technology. This process has already commenced and a log of progress is included as an appendix to this document. This document will be updated at each further stage in the project; i.e. when additional consultations are completed and also when additional districts go live. The intention is to regularly review the use of BWV to ensure that its application meets best practice now and going forward. 4 P a g e
2. Screening Questions 1 Will the project involve the collection of new information about individuals? 2 Will the project compel individuals to provide information about themselves? 3 Will information about individuals be disclosed to organisations or people who have not previously had routine access to the information? 4 Are you using information about individuals for a purpose it is not currently used for, or in a way it is not currently used? 5 Does the project involve you using new technology that might be perceived as being privacy intrusive? 6 Will the project result in you making decisions or taking actions against individuals in ways that can have a significant impact on them? 7 Is the information about individuals of a kind particularly likely to raise privacy concerns or expectations? 8 Will the project require you to contact individuals in ways that they might find intrusive? Yes the project will result in video images and audio of individuals being recorded. Yes the recording of video and audio is instigated by the officer and is dependent upon his / her judgement. Yes Yes with the exception of CCTV security systems and public order videoing, PSNI do not routinely record video of individuals during domestic and other incidents. Yes the use of body worn video resulting in the recording of video images and audio of individuals is generally perceived to be potentially intrusive to an individual or individuals. Yes research into the use of body worn video has shown that the inclusion of video evidence may prove to be compelling in court cases leading to a higher level of prosecution. It could therefore be argued that the project will result in decisions being taken which have a significant impact on different individuals (witness, victims and/or suspects) directly connected with the incident or case. It should be noted that there will be no such impact on third party individuals who are not directly related to the case. Yes The use of images and audio generally raises greater privacy concerns amongst individuals. This may be particularly true in respect of by-standers / members of the public not directly involved in a particular incident but who are within the camera s field of view. No there is no additional requirement to contact individuals as a result of this project. 5 P a g e
3. The need for a Privacy Impact Assessment The Police Service of Northern Ireland (PSNI) established a pilot project to test body worn video (BWV) in 2014. Body worn video refers to lightweight video camera systems which are attached to an officer s uniform and which can be switched on and off by the officer. The devices purchased are to a UK Policing specification with: 150 Degree Horizontal Field of View; 720 p HD Video quality; 8 hours continuous recording capacity or 48 hours standby; Evidence quality images and processes. BWV has the potential to provide significant benefit to normal policing through the collection of additional evidence. BWV can prove to be a very cost effective aid to policing especially in sensitive areas such as stop & search, public order offences, motoring offences and domestic violence. However, the solution also has the potential to create privacy issues for members of the public as well as police officers and staff. Individuals going about their normal everyday activities will potentially be captured by devices worn on police uniforms and it is important that this is factored into the use of the devices. The screening questions and responses in the previous section indicate that the Body Worn Video project is likely to raise issues of privacy. This privacy impact assessment (PIA) has been written to explore these issues and in particular to explain: 1. The rationale for PSNI introducing and using this technology; 2. The legislation underpinning its use; 3. The likely operational scenarios into which the devices will be deployed and used; 4. The key privacy issues and risks and how these will be mitigated; and 5. How PSNI will monitor the use of the equipment and revisit Privacy issues. This documentation should be read in conjunction with operational guides provided by the College of Policing and the National Chief Officers forum. Purpose of a Privacy Impact Assessment Every project or set of new processes / procedures that involves exchanging personal information has the potential to impact upon an individual s privacy. It is important therefore, that any organisation seeking to make changes demonstrates that they have considered the impact (if any) upon the general public and, if necessary, have introduced suitable controls, checks and balances to reduce any unanticipated effects. The Information Commissioner s Office Conducting Privacy Impact Assessments code of Practice describes privacy in the following way: 6 P a g e
Privacy, in its broadest sense, is about the right of an individual to be left alone. It can take two main forms, and these can be subject to different types of intrusion: Physical privacy the ability of a person to maintain their own physical space or solitude. Intrusion can come in the form of unwelcome searches of a person s home or personal possessions, bodily searches or other interfaces, acts of surveillance and the taking of biometric information; Informational privacy the ability of a person to control, edit, manage and delete information about themselves and to decide how and to what extent such information is communicated to others. Intrusion can come in the form of collection of excessive personal information, disclosure of personal information without consent and misuse of information. It can include the collection of information through the surveillance or monitoring of how people act in public or private spaces and the monitoring of communications whether by post, phone or online and extends to monitoring of senders and recipients as well as the content of messages. The privacy impact assessment is a process, which helps organisations to anticipate and address the likely privacy impacts of projects, to minimise the likelihood of problems subsequently occurring. 4. Legislative considerations relating to use of BWV The PSNI BWV Project has defined the scope of the project as follows: PSNI s key objective is to enhance the accuracy and reliability of evidence gathered when a police officer attends the scene of a crime or incident. The project must enable the capture of visual and audio evidence at a wide range of high volume front line policing incidents including: Stop & Search; Public order offences; Domestic violence and domestic related crime; and Motoring offences. BWV will be deployed in the following units: Local Policing Team; Tactical Support Group; Roads Policing Unit; Dog Section; District Support Team; Armed Response Vehicle*; and Neighbourhood Policing Team. * Note that the use of BWV for armed response teams is subject to different procedures. However, in all cases, the use of BWV equipment must be incident specific, proportionate, legitimate, necessary and justifiable. 7 P a g e
PSNI will have a total of 2,100 camera and charging units and these will be used by up to approximately 3200 officers following training. Equipment will be allocated to and shared by members of each unit. However, an electronic system will ensure that a camera has been associated with an individual officer. Cameras will be stored in their docking stations when not in use to enable charging. In all cases, the rationale for using the equipment must be clearly outlined prior to use. Legislation underpinning its use The use by PSNI of BWV must be shown to be proportionate, legitimate, necessary and justifiable. In addition, the Service must be able to demonstrate that the use of this equipment addresses a pressing social need. This is especially in respect of its application within the confines of the Articles enshrined by the European Convention of Human Rights within the Human Rights Act 1998 which came into force in October 2000. Common Law Legality under Common Law. The police are able to rely on the fact that the use of BWV is deemed lawful under Common Law 1. Police Officers are also held to be citizens in uniform although granted additional statutory powers in order to execute their duties. In addition, police officers generally do not require special statutory powers to undertake any activity that the public could lawfully undertake. The taking of photographs including videos and associated sound recordings is deemed lawful and Common Law does not prevent this activity in a public place. 2 European Convention of Human Rights Act 1998 For the purposes of the European Convention of Human Rights (ECHR)and the Human Rights Act 1998, it has been determined that police officers have sufficient powers in common law to justify the use of BWV as above (Wood V Commissioner of Police for the Metropolis [2009]). However, use of BWV is viewed as an interference and must always be justifiable. Therefore, any actions by the police must have a legitimate aim and the use of video equipment must be proportionate to achieving this. Under this legislation a number of articles, protect the rights of citizens. Some of these Articles are absolute whereas others are qualified and any interference with these is limited. Interference with qualified rights is permissible only if: There is a clear legal basis for interference with the qualified right that people can find out and understand; The Action/ Interference seeks to achieve a legitimate aim. Legitimate aims are set out in each article containing a qualified right and vary from article to article. For example, they include National Security, the prevention of disorder or crime or public safety. Any interference with one of the rights contained in article 8-11 must fall under one of the permitted aims set out in the relevant article; and The action is necessary in a democratic society. This means that the action or interference must be in response to a pressing social need and should be assessed by demonstrating evidence of a level of severity or immediacy / unpredictability, and alternatives should have been reviewed. 1 BWV - Privacy Impact Assessment Hampshire Constabulary 2 Lord Collins in Wood v Commissioner of Police for the Metropolis 2009 8 P a g e
The use of BWV must comply with all the article of the ECHR, and there are two particular Articles that are critical and most likely to be challenged: Article 8 of the ECHR is the right to respect for private and family life, home and correspondence; and Article 6 of the ECHR provides for the right to a fair trial. Under the legislation, Article 8 is a qualified right and, police forces are required to consider this article when dealing with recorded images, whether they are made in public or private areas. This assessment looks to address the issues raised by this Article and introduces safeguards, associated with how PSNI deploys this equipment in both private and public arenas. 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; and In accordance with the law. Legal advice indicates that the use of BWV would be in accordance of the law. All images taken via a BWV device have the potential for use in court proceedings whether they provide information that is beneficial to the prosecution or defence. The information will be safeguarded by an audit trail in the same way as other evidence that is retained for court. It should be emphasised that BWV does enable police to collect valuable evidence for use in criminal prosecutions, ensures the police act with integrity and transparency and potentially provides objective evidence of controversial events. It offers protection for both citizens and the police. The justification is likely to be closely scrutinised by the court and it is critical that recordings are not retained where there is no clear evidence of an offence, unless some other good reason exists for their retention. Recordings of conversations between members of the public must always be considered private, even in public spaces. In a similar way, recordings made in public places are only public to those there at the time and must therefore be considered as potentially private. 3 Users of BWV must consider this article when recording and must mot record beyond what is necessary for policing purposes. PSNI has established process and procedure which provide clear guidelines where BWV is planned to be used in private places or where a person or persons being recorded would reasonably have a strong expectation of privacy. These guidelines include: Intimate searches BWV will not, under any circumstances, be used for recording intimate searches or in any other circumstances where persons are in a state of undress. Legal privilege users must respect legal privilege and must not record material that is, or is likely to be, subject to such protections. Expectation of Privacy individuals will almost certainly have a strong expectation of privacy in places not generally not open to the public, such as a private residence especially at a time of day when people are likely to be in bed. Clear justification of the need to use BWV will be required. Furthermore, circumstances 3 R v Brentwood Borough Council ex parte Peck [2003] 9 P a g e
may dictate an expectation of privacy even when an incident has occurred in a public area, such as where someone may be the subject of an accident in the street. Likely to cause offence care should be exercised in using BWV where it may cause serious offence, for example during a religious ceremony. BWV should not be used for formal investigative interviews. The use of BWV for the interview of suspects is not permitted as it would be in contravention of PACE Code C. Data Protection Act (DPA) 1998 The Data Protection Act 1998 is legislation that regulates the processing of personal data including sensitive personal data, whether processed on a computer, CCTV, stills camera or any other media. Any recorded image and audit recording from any device, which includes body worn video, that can identify a particular person or learning about their activities, is described as personal data and is covered by the DPA and in particular within the principles contained within. Principle 1 of the DPA (fair and lawful processing) requires that the data subject is informed of: a. The identity of the data controller; b. The purpose or purposes for which the material is intended to be processed; and c. Any further information that is necessary for processing to be fair. PSNI has the responsibility for controlling this information and is known as the data controller for information captured within Northern Ireland for policing purposes. If required, a police officer using a BWV device must be prepared to explain how the capture and processing of the data is compliant with the legal obligations imposed under this Act. Table 1.0 below maps the controls and rationale for BWV s use against each of the DPA principles. Table 1.0: DPA Principles mapping DPA Principle Number Principle BWV Control Processes and procedures adopted 1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless (a) at least one of the conditions in Schedule 2 is met; and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met. PSNI is defined as the Data Controller for this information. Lawful and fair processing of BWV data is considered to be achievable as conditions in both schedule 2 and 3 of the Data Protection Act can be met: 10 P a g e Processing of personal data associated with BWV meets the conditions outlined in paras 3 and 4 of
DPA Principle Number Principle BWV Control Processes and procedures adopted Schedule 2 of the DPA. These are: Legal obligation of the Data Controller to investigate potential crime; and processing necessary for the administration of justice. Furthermore, as the data is sensitive personal data, schedule 3 conditions relating to the administration of justice and the protection of the vital rights of the data subject or others (in this case the victim) are considered to apply. Criminal justice also gain some exemptions under the ACT where the personal data is being processed to enable the prosecution of offenders which is a clear objective of the BWV project. 2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. 3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed. 4 Personal data shall be accurate and, where necessary, kept up to date. 5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that BWV footage is obtained for the lawful purpose of crime investigation and/or prevention. As detailed above, this is defined within Schedules 2 and 3 of the DPA. Officers are required to use their judgement as to when they start and stop the video camera. The camera should be stopped immediately the incident has finished. The information recorded must meet the proportionate use principle and must include sufficient information to allow the context of the situation to be understood. The video and audio footage taken is a snapshot in time, relating to a particular incident and is not updatable. As such it is deemed to be an accurate and up to date record of the incident at the time it was recorded. Video footage which is not used as evidence is deleted after 31 days in line with guidelines. 11 P a g e
DPA Principle Number Principle purpose or those purposes. BWV Control Processes and procedures adopted Video material which is to be used as evidence will be held in line with MOPI guidelines going forward when PSNI has fully adopted MOPI. 6 Personal data shall be processed in accordance with the rights of data subjects under this Act. 7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. The rights of individuals has been considered within section 4 above. Technical controls in place include: User authentication; Audit trails; Data encryption on devices. Organisational measures include the provision of training for all users prior to deployment and access to on-line guidance. 8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. Information is not stored outside of the UK. All data stored is subject to strict internal security guidelines and only accessible by authorised staff. Freedom of Information Act The Freedom of Information Act 2000 grants a general right of access to all types of recorded information held by public authorities, which will include digital images such as those recorded by body worn video. The Act does however, provide some specific exemptions to the general requirement to disclose information. Part 2 of the Protection of Freedoms Act 2012 deals with the regulation of CCTV and other surveillance camera technology and introduces the code of practice for surveillance camera systems. Section 29(6) of the Act provides that this code covers any other systems for recording or viewing visual images for surveillance purposes. PSNI adheres to this code as its content will be relevant when a court is considering the use of body worn video. The Home Office code of practice on the management of police information (MoPI) consist of a guidance and a code of practice. It directs how the police service will handle any data that comes into its possession. Data, which includes information from a BWV device, may only be retained for a police purpose and this covers all situations where a police officer exercises a police power, where they would have ordinarily made a record in their pocket notebook, or there is a strong and reasonable presumption towards the collection / capture of evidence. 12 P a g e
There may be occasions where a police officer wishes to record an encounter to evidence their own actions; there must be a legitimate reason to this decision and the recording cannot be used for the sole purpose of aiding the identification of the an individual, in that this has been held to be unlawful as per Wood V Commissioner of Police for the Metropolis 2009. The decision to record in these circumstances needs to be taken in line with the principles of data management and record retention and the provisos contained within this assessment. Officers should be prepared to account for their decision-making in such instances. The guidance further states that policing purpose includes: a. Protecting life and property; b. Preserving Order; c. Preventing the commission of offences; d. Bringing offenders to justice; and e. Any duty or responsibility of the police arising from common law or statute. These five purposes provide the legal basis for collecting, recording, evaluating, sharing and retaining police information. The guidance provides a framework on how any data captured by the police can be used and processed. In addition, it details the process to be used by the police to initially retain information, to review this and when to ultimately dispose of data after requisite timescales and circumstances. PSNI are moving as a corporate body to comply with MoPI and BWV information shall be subject to this guidance. Procedures are in place to manage subject access requests in respect of video and audio captured using BWV equipment. Requests will be managed by PSNI s FOI team and will require requesters to provide date, time, and location of the recording together with a photograph of themselves to aid identification. 13 P a g e
5. Information Flows for Body Worn Video Business Process Flow The diagram in Figure 1.0 shows the high-level business process flow governing the use of the Body Worn Video device. The purpose of this diagram is to provide the reader with an understanding of the information which is being captured, who it is potentially shared with, how it is used and how it is stored. In addition, it provides an overview of the retention and destruction of this data. The retention period for this data will depend upon the outcome of the investigation. If the investigation officer makes a determination that there is a case to answer the footage will be retained as evidence until after the court case has completed. On commencement of an assigned activity an officer may be required to check out a BWV device. This device will be authenticated to the officer and will have no data stored on it. During normal patrolling the device will be inert. If an incident or suspected incident has occurred, the officer will then make a decision to use the device based upon the proportionate, legal and reasonable use of the device. The date, time and location should form part of the initial [verbal] warning that the device is now in use and is recording both audio and video. It is preferable that this warning is included at the start of the recording where possible or practical. The recording is likely to continue for a short period after the incident has concluded to ensure that subsequent viewers are aware that the incident has concluded. Once the officer has captured video images he/ she will return to the station and dock the device. The data will be stored onto a secure back office storage area. Once the information has been successfully stored, the application will issue an erase command to the device which will wipe the device ready for its next use. Using the back office video management software the footage may be stored as evidential. Additionally, a partial extract may be produced. This extract will normally be a subset of the video shot, focussed on the offence whilst ensuring sufficient contextual information is displayed. The back office video management software also enables the officer to pixilate any bystanders appearing in the evidential video who are not associated with the case. The evidential copy is stored on a media storage facility with access controls restricting access to the officer(s) involved in the case based upon the initial authentication at device allocation and the reviewing officer etc. The source video images cannot be altered. If the information recorded is not saved as evidential and will not form part of a subsequent prosecution, the information will be automatically deleted after 31 days. If the information has been saved as evidential and therefore relevant to a possible prosecution then the data will be held online until a period after the court case and then will be archived. 14 P a g e
Figure 1.0: High-level business flow 15 P a g e
6. Consultation Requirements PSNI recognises that there are a number of stakeholders with an interest in how the body worn devices will be deployed and used within policing in Northern Ireland. A number of consultations have already been undertaken and the intention is to build upon this good work. Given the structure in place between the police and the community through the policing and community safety partnerships, it is intended to use this channel to inform stakeholders and to obtain feedback on the Privacy Impact Assessment district by district. In addition, a number of organisations which have an interest in the work of the police, be they government agencies or NGOs have been identified and will be contacted to solicit their views on the use of BWV. The organisations consulted by PSNI in respect of body worn video are listed below. NI Stakeholders Policing and Community Safety Partnerships Public Prosecution Service (PPSNI) Northern Ireland Courts and Tribunal Service Law Society Police Ombudsman for Northern Ireland Children s Law Centre NSPCC Forensic Science NI NI Commissioner for Children and Young People Men s Advisory Project Victim Support Northern Ireland Northern Ireland Fire and Rescue Service Health and Social Care Northern Ireland Department of Justice Northern Ireland Northern Ireland Ambulance service St John Ambulance Northern Ireland HM Coastguard volunteers Age UK Northern Ireland staff and members Red Cross Northern Ireland staff and volunteers RSPCA - Northern Ireland Street Pastors Northern Ireland Northern Ireland Chamber of Commerce Visit Northern Ireland (tourism) Federation of Small Businesses Northern Ireland Harbour Commissioners Harbour Police Airport Police MOD 16 P a g e
National Crime Agency (NCA) HM Customs and Excise Home Office Immigration Women s Aid National stakeholders informed and consulted College of Policing Information Commissioner's Office (ICO) Home Office Body-Worn Video National User Group 7. Identified privacy and related risks Table 4.1 summarises the possible privacy issues identified through the use of body worn video devices and considers the risk to individuals. Table 4.1: Possible Privacy Issues Privacy Issue Risk to Individuals Compliance Risk Associated Organisation / Corporate Risk Camera Field of View may include individuals (members of the public, officers staff, etc.) known as bystanders not directly involved in the incident. Video of individuals may be stored within PSNI systems; Security risk that information is not properly secured. Non-compliance with the DPA; Non-compliance with PSNI s Information Security Policies; Non-compliance with human rights legislation. Risk of noncompliance with Data Protection Legislation; Risk of litigation / challenge from members of the public. Cameras, which are not turned off within police estate may record colleagues inadvertently. Privacy and security of individual officers may be compromised. Non-compliance with the DPA; Non-compliance with PSNI s Information Security Policies; Non-compliance with human rights legislation. Risk of non-compliance with Data Protection Legislation; Risk of litigation / challenge from staff / officers. Individuals audio may be recorded by device without them being fully aware. Privacy of individuals may be compromised. Non-compliance with the DPA; Non-compliance with human rights legislation. Risk of non-compliance with Data Protection Legislation; 17 P a g e BWV technology allows information to Information pertaining to Non-compliance with the Risk of non-compliance with Data Protection
Privacy Issue Risk to Individuals Compliance Risk Associated Organisation / Corporate Risk be shared with multiple agencies. individuals may be shared between agencies without the individual s knowledge. DPA; Non-compliance with human rights legislation. Legislation. Use of BWV in circumstances involving vulnerable people. Vulnerable people may be concerned about the use of cameras and/or potential for misuse of cameras. Non-compliance with the DPA; Non-compliance with PSNI s Information Security Policies; Non-compliance with human rights legislation. Risk of noncompliance with Data Protection Legislation; Risk of litigation / challenge from members of the public. Fairness of video evidence taking. Risk that measures taken against individuals as a result of collecting video information might be seen as intrusive. Non-compliance with the DPA; Non-compliance with human rights legislation. Risk of noncompliance with Data Protection Legislation; Risk of litigation / challenge from members of the public. 18 P a g e
8. Identify Privacy Solutions This section considers the risks identified in section 4 above and applies mitigating solutions to each risk. It then evaluates whether the mitigations are sufficient to provide assurance that the solution is proportionate. Table 5.1: Privacy Solutions identified and assessed Risk Solution(s) Result Evaluation Risk of Noncompliance with Data Protection Legislation. PSNI s process and procedures will be documented and mapped/ tested against data protection guidelines. Audit processes will be implemented to test adequacy of controls in place. Reduced Reduction in likelihood of risk occurring makes approach proportionate for the policing areas under consideration. Risk of noncompliance with Human Rights legislation Back Office Video Management software has capability to pixilate individuals features thereby making them unidentifiable. PSNI guidance will clearly direct officers and staff to use this facility when creating an image for use in court. Reduced Reduction in likelihood of risk occurring makes approach proportionate for the policing areas under consideration. Guidance will also reinforce the need to turn the camera off when inside police buildings and to make a public announcement when turning the device on. Risk of noncompliance with internal PSNI All staff will receive training before being given access to Reduced Reduction in likelihood of risk occurring makes 19 P a g e
Risk Solution(s) Result Evaluation guidance. equipment; Accountability - audit trail of equipment and its use tied back to individual officers; approach proportionate for the policing areas under consideration. Process will be subject to independent internal audit as per annual audit plan. Risk that information is shared inappropriately with partner agencies All staff will receive training before being given access to equipment; Information sharing between agencies has a number of technical and protocol controls in place to prevent unauthorised sharing. Reduced Reduction in likelihood of risk occurring makes approach proportionate for the policing areas under consideration. Risk to vulnerable people through inappropriate usage of equipment. All staff will receive training before being given access to equipment; Accountability - audit trail of equipment and its use tied back to individual officers; Reduced Reduction in likelihood of risk occurring makes approach proportionate for the policing areas under consideration. Process will be subject to independent internal audit as per annual audit plan. 20 P a g e Risk that video evidence taking is not seen as fair. All staff will receive training before being given access to equipment; PSNI will review processes as usage Reduced Reduction in likelihood of risk occurring makes approach proportionate for the policing areas
Risk Solution(s) Result Evaluation continues. under consideration. 21 P a g e
9. Sign off and record PIA Outcomes Risk Approved Solution Approved By Risk of Non-compliance with Data Protection Legislation. Risk of non-compliance with Human Rights legislation Risk of non-compliance with internal PSNI guidance. Risk that information is shared inappropriately with partner agencies Risk to vulnerable people through inappropriate usage of equipment. Risk that video evidence taking is not seen as fair. Training & Technical controls as recorded within project documentation. Training & Technical controls as recorded within project documentation. Training & Technical controls as recorded within project documentation. Training & Technical controls as recorded within project documentation. Training & Technical controls as recorded within project documentation. Training & Technical controls as recorded within project documentation. BWV Project Board BWV Project Board BWV Project Board BWV Project Board BWV Project Board BWV Project Board 10. Integrate the PIA Outcomes back into Project plan Action to be taken for completion of actions Responsibility for action Training of staff to be completed prior to releasing equipment. Technical controls in respect of access control and secure erasure to be tested. Stakeholder briefings and consultations to be completed on a rolling TBC TBC As per project plan Project team Project Team Project Team 22 P a g e
basis prior to roll-out in particular districts Testing of FOI / SARs process to ensure that information can be retrieved in a timely manner. As per project plan Project Team 23 P a g e
11. Appendices Consultation Log This section will record the consultations held and summarise any issues which were raised and how they were addressed. The log will be updated on a regular basis. 24 P a g e
Consultation Log Consultee Group Summary of comments / issues raised Remedial Actions proposed completed 23/5/16 Derry City & Strabane PCSP PCSP updated re introduction of new cameras to replace the proof of concept cameras in the District. 27/9/16 Belfast East PCSP Members raised the following queries in relation to the presentation: 25 P a g e a) Question: How long is footage stored for? Answer: The PSNI will adhere to national guidelines which currently allow nonevidentiary data to be kept for 31days before being wiped/deleted this will be done automatically by the systems software. It footage is marked as evidential; it will be retained under Management of Police Information (MoPI) regulations. b) Question: Can solicitors or complainants access the footage? Answer: As part of a police interview the footage can be accessed and played alongside solicitors. It is hoped, and evidence would suggest, that this will lead to quicker justice outcomes.
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed c) Question: How is data transferred back to the station, and is the camera tamper proof? Answer: When an Officer requests a Body Worn Camera from the system, the most suitable device (with full charge etc.) will flash indicating that it should be used. Following use of the camera, it is returned to the docking station at which point the recordings are uploaded to the system and the camera is wiped. The uploaded recordings are then marked as evidentiary or otherwise. The camera itself is tamper proof and encryption ensures that if lost or stolen, the data would not be of use as it must be returned to the docking station for information to be obtained. d) Question: Will every Officer be issued with a camera? 26 P a g e Answer: The PSNI has purchased 2,200 units at a cost of approximately 750,000, under the estimated budget. This allows every on-duty Officer to have access to a camera over a 24 hour period. Efficient use of the system means that there is no need for a personal issue to each Officer.
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed e) Question: When will the cameras be used, and what happens if they are lost? Answer: Cameras should be used to compliment the observations of Officers. The device will normally be off and an Officer will be required to make a professional judgement / assessment about when to activate it based upon guidance and training. Where possible, a warning that video and audio is now being recorded will be issued (this may not be possible in a public order situation). The device will be turned off once the incident has concluded. A light will also flash during filming. The equipment itself is very robust and waterproof. If a device was to be lost, the footage could not be accessed by the public, and would only be lost to the PSNI. f) Question: Can a member of the public ask for the camera to be switched on? 27 P a g e Answer: Yes, however it would be hoped that if a situation required it, the Officer would already have activated the camera. If the camera is not used where appropriate, questions would be asked of Officers.
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed g) Question: Can a witness ask for the camera to be switched off? Answer: There may be occasions where the camera may need to be turned off however this would be at the discretion of the Officer who may feel the need to decline the request. Statements from witnesses would most likely be obtained in a different setting than those anticipated in the use of body worn camera which is designed to help in evidence gathering during domestic violence incidents, stop and search and public disorder. h) Question: Are Officers content with the deployment of Body Worn Video? Answer: The cameras have been welcomed as they are useful in gathering evidence and supporting victims in cases. While not the reason for deploying the cameras, they can also assist when allegations made against Officers where little evidence often exists to support or refute the claims made. The footage will also be helpful to the Police Ombudsman, allowing investigators to see incidents from the perspective of Officers. 28 P a g e
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed i) Question: Are other agencies or domestic violence groups receiving similar presentations from the PSNI? Answer: This is being done, and further presentations can be set up by arrangement. 28/9/16 Belfast West PCSP A Member asked if information recorded on the camera could be used to assist with complaints received by the PSNI at a later date. Members advised of the procedures that would be undertaken by PSNI Officers when uploading the information from the camera and how the data captured is retained automatically for a period of 31 days. She further commented that if the PSNI Officer marked footage as evidence, the evidence is retained indefinitely by the PSNI, until any investigation is concluded. A Member asked if there had been age limit restrictions for recording someone with the body worn camera. Members informed that there had been no age restrictions regarding who can be recorded using body worn cameras. She further commented that PSNI Officers 29 P a g e
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed would adhere to the Home Office Guidelines regarding the use of the body worn cameras and minors. A Member asked if a PSNI Officer had the option of deleting data captured by the camera. Members advised that an Officer cannot delete the data from the camera at the time of recording and that the software system would automatically delete data after 31 days, unless it is marked as evidential. The Chair asked if the body worn camera is switched on automatically or is it turned on at the discretion of the PSNI Officer. Members advised that the PSNI Officer switches on the camera. 10/10/16 Belfast PCSP Members raised the following queries in relation to the presentation: a) Question: Will footage assist with malicious allegations against Officers, and have the cameras been sufficiently tested against fire/damage? 30 P a g e Answer: Footage will assist with complaints
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed against Offices, and the PSNI have been working with the Police Ombudsman regarding the introduction and implementation of Body Worn Video. The equipment itself is very robust and has been tested under various conditions. The contract in place also has provisions should the equipment be found to have major faults. b) Question: Has the equipment been purchased or hired? Answer: A pool of cameras has been bought to ensure all Officers have access to a camera however each Officer will not be issued their own. c) Question: Will Officers ask victims for consent to turn the camera on, and what would happen if consent was withdrawn at a later stage? 31 P a g e Answer: Officers do not require consent to use the cameras however they would wish to have support from those involved and would explain the need for its use. There may be occasions where the Officer would agree with the request not to film however a statement would be taken and other
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed evidence collection would continue. Once the footage is recorded it is the property of the PSNI and so no further consent would be needed to proceed with prosecution. Superintendent Steen advised that such issues had not arisen as yet. d) Question: Are copies of the footage made available to solicitors, and if so, how are these sent and stored? Answer: Viewing and sharing digital evidence will be governed as part of a disclosure package which is not yet in place. Once operating, a secure email link will be provided. The PSNI is currently looking at the use of encrypted DVDs with 1 provided to the PPS and 1 for the defence team, all of which will be governed by Data Protection Legislation. Once passed on, the DVDs become the responsibility of the agencies which hold them. e) Question: By whom and at what stage is footage edited, and can defence teams access unedited footage? 32 P a g e Answer: The PSNI will take direction from the PPS. The PSNI will disclose the length and nature of the footage and make any
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed edits requested and all footage will be made available to the defence if requested. f) Question: How long is footage stored for and what considerations are given to filming young people and vulnerable adults? Answer: The PSNI will adhere to national guidelines which currently allow nonevidentiary data to be kept for 31days before being wiped/deleted this will be done automatically by the systems software. If footage is marked as evidential; it will be retained under Management of Police Information (MoPI) regulations. Officers have not been told that children or vulnerable adults should not be recorded and so, as with all recording, professional judgement will be required when activating cameras. g) Question: Could footage be used in postconviction work with offenders in order to challenge behaviours? 33 P a g e Answer: Many inadvertent uses for Body Worn Video have been identified, including as a developmental tool for Officers, and
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed so this could be another useful outcome. h) Question: What direction will be issued to Officers regarding the use of the cameras, and has consideration been given to the impact on community confidence should the cameras not be utilised appropriately? Answer: Guidance has been issued to Officers who are aware that cameras should be utilised during domestic violence incidents, stop and search, and public disorder. If not used, Officers will be asked to explain their actions. A clear rationale for why cameras are switched on and off is needed. Cameras may also be useful when gathering evidence at road traffic accidents, during searches or at murder scenes. The use of cameras will be monitored and changes made if common difficulties are emerging. i) Question: What statistics are available regarding the impact of cameras in escalating or de-escalating incidents? 34 P a g e Answer: The randomised control tests carried out to date do not have these
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed details however they would suggest that assaults on Officers increased by a small percentage, however this could not be linked to the use of cameras. viii. In response to a query about the recovery of footage once it has been deleted, agreed to contact the Technical Team to seek clarity on the issue. BWV footage that has not been marked as evidential within the video manager system will be automatically deleted after the expiry of 31 days, the footage cannot be recovered once deleted from with this system. PSNI have agreed with the Information Commissioner s Office that footage which is not denoted as evidential, within the 31 days from ingestion, is not admissible as evidence in a prosecution. Note - Evidential material will be saved for a period of time in accordance with Management of Police Information (MOPI) guidelines. 35 P a g e
Consultee Group Summary of comments / issues raised Remedial Actions proposed completed 26/10/16 Belfast North PCSP Members raised the following queries in relation to the presentation: a) Question: What are the consequences for PSNI Officers who do not switch the cameras on? Answer: Members advised that this would be regarded as a non-compliant issue. She further commented that if the PSNI Officer had access to the tool that would assist them to gather evidence, they should utilise it. However it was highlighted the importance of PSNI Officers using their discretion when using the body worn cameras. b) Question: Does the PSNI Officer have to inform the member of the public that the body worn camera is turned on? Answer: Members advised that the PSNI Officer has to inform the member of the public that the body worn camera is in use and is recording. 36 P a g e c) Question: Is the identity of the person being recorded protected?