Issue - meetings

To seek approval from Cabinet for a new Body Worn Video Policy for the South & East Lincolnshire Councils Partnership to ensure arrangements are compliant with our legal obligations and data protection controls (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory which sought approval from Cabinet for a new Body Worn Video Policy for the South & East Lincolnshire Councils Partnership to ensure arrangements were compliant with the Councils legal obligations and data protection controls.

The Portfolio Holder for Finance introduced the report on behalf of the Portfolio Holder for Corporate and Environmental Services and highlighted the following points:

• Body worn cameras were a useful tool for Officers involved in evidence gathering for enforcement and could act as a deterrent against abuse and aggression in conflict prone settings.
• Organisations using body worn cameras were required to have a policy in place to comply with regulations and regulator guidance which protected human rights and civil liberties and ensured secure data management.
• The policy would sit alongside the RIPA policy
• The policy had already been approved by Boston’s Cabinet and East Lindsey’s Executive Board.

Members considered the report and raised the following points:

• Members queried whether there was any conflict between this policy and Kingdom’s policy as a contractor.
  • The Assistant Director – Regulatory confirmed that the policies were completely separate and Kingdom as an organisation were required to have their own policy.
• Members noted some minor wording errors within section 8 of the policy.
  • The Assistant Director – Regulatory advised that this wording would be amended.

DECISION:

1)    That the report, policy, and any feedback from the Policy Development Panel be considered and, the Body Worn Video Policy be approved.

2)    That the Assistant Director – Regulatory/Senior Responsible Officer, in consultation with the Portfolio Holder, be given delegated authority to make such amendments to this policy as may from time to time be required in order to (i) reference any links or amended links to other documents as may be required; and (ii) reflect any issues over which the Council has no discretion including, but not limited to, references to any legislative changes and amended guidance. Any material amendments to the policy will be subject to the usual approval process in line with Constitution.

(Other options considered

• None

Reasons for decision:

• To ensure that Members are aware of the duties imposed on the Council by legislation and best practice guidance with regard to the use of BWV and the requirement to adopt policies, processes and procedures that are up to date, relevant and fit for purpose.
• To ensure members are informed BWV activity, policy and procedures demonstrates good governance and an organisational commitment to the obligations imposed by RIPA, Surveillance Camera Commissioner guidance and any appropriate legislation around privacy, Data Protection and Freedom of Information legislation.)

To advise Members of a new Body Worn Video Policy across the South & East Lincolnshire Councils Partnership to ensure arrangements across the Partnership provide assurance that our legal obligations and all data protection controls are effectively managed and to consider the (BWV) Policy prior to approval at Cabinet (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory which advised members of a new Body Worn Video Policy across the South and East Lincolnshire Councils Partnership to ensure arrangements across the Partnership provided assurance that legal obligations and data protection controls were effectively managed, and that the per cent  policy had been considered prior to approval at Cabinet.

The Community Safety Manager and the Assistant Director – Regulatory attended for this item.

The Community Safety Manager introduced the report to members which included that.

• The new policy (at Appendix A) ensured that the operational use of Body Worn Video (BWV) cameras was lawful, proportionate, legitimate and necessary; and
• The policy set out roles, responsibilities and procedures to follow for collecting, downloading, processing and presenting video evidence whilst ensuring devices were reasonably and proportionately utilised and that content was processed appropriately.

Members considered the report and made the following comments:

• Members queried whether BWV recording was on a constant loop.
  • The Community Safety Manager responded that:
    • Appropriate justification was required to commence a BWV recording which could only be undertaken by trained officers;
    • An announcement was required when the recording was to commence;
    • Rules were in place as to the usage of the data;
    • The data was encrypted and could only be transferred to and therefore accessible by the Boston CCTV suite through the utilisation of the associated docking station.

• Members queried what had prompted the policy and the current extent of usage.
  • The Community Safety Manager responded that:
    • An audit had highlighted the need for a policy to be in place to utilise the BWV technology and to adhere to data protection regulations;
    • Utilisation of BWV so far had been limited to a single Community Warden however demand across a broader range of front-facing departments was becoming evident. Both Boston and East Lindsey were utilising six cameras at their respective authorities;
    • External funding was being sought to support the purchase of an increased number of BWV cameras and docking station for South Holland which in turn promoted a consistency of processes and data management across the partnership;
    • Relevant training was required prior to use;
    • Kingdom staff were obliged to meet the same standards as SHDC staff.
  • The Assistant Director – Regulatory added that:
    • The BWV cameras gave the council a better standard of evidence to act upon and served as a deterrent to certain behaviour in some cases; and
    • Health and safety risk assessments would be undertaken regarding the roll-out of BWV cameras to appropriate staff however the choice to wear the BWV cameras remained with officers.

• Members expressed concern in respect of the filming of children and language barriers during activation.
  • The Community Safety Manager responded that all and any recording needed to be proportionate. Although bystanders could be captured in the footage, the processing of the data ensured that safeguarding was in place.

• Members requested that the policy was explicit in that it only applied to council-owned BWV cameras.
  • The Community Safety Manager confirmed  ...  view the full minutes text for item 22