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CLERK-014 - Video Surveillance Policy_2019 VIDEO SURVEILLANCE POLICY Title: Video Surveillance Policy Subject: Video Surveillance Category: Policy Policy No.: COS-CC-014 M&C Report No.: N/A th Effective Date: August 27, 2012 Next Review Date: (3 years) Area(s) this policy applies to: All City Service Areas Office Responsible for review of this Policy: The Office of the Common Clerk Related Instruments: Policy Sponsors: Common Clerk Revision History: Document Pages: This document consists of 7 -revised April 2, 2019 pages. Common Clerk's Annotation for Official Record I certify that the Video Surveillance Policy was approved by Common Council th on August 27, 2012 nd ____ ____April 2, 2019_______ Common Clerk Date Contact: Common Clerk Telephone: 658-2862 Email: commonclerk@saintjohn.ca 1 | Page VIDEO SURVEILLANCE POLICY TABLE OF CONTENTS 1. PURPOSE ............................................................................................................................................. 3 2. POLICY STATEMENT ............................................................................................................................. 3 3. SCOPE .................................................................................................................................................. 3 4. POLICY CONTEXT ................................................................................................................................. 3 5. LEGISLATION AND STANDARDS ............................................................................................................ 4 6. ROLES AND RESPONSIBILITIES .............................................................................................................. 5 7. COMPLIANCE ....................................................................................................................................... 6 8. MONITOR AND REVIEW ....................................................................................................................... 6 9. IMPLEMENTATION ............................................................................................................................... 6 10. AUTHORIZATION................................................................................................................................ 6 11. GLOSSARY .......................................................................................................................................... 6 12. INQUIRIES .......................................................................................................................................... 7 2 | Page VIDEO SURVEILLANCE POLICY 1. PURPOSE The purpose of the Video Surveillance Policy (the “Policy”) for The City of Saint John (the “City”) is to ensure the proper conduct of video surveillance within spaces under City management, following public sector best practices and compliance with applicable legislation including the Right to Information and Protection of Personal Information Act (RTIPPA). 2. POLICY STATEMENT Video surveillance, when utilized with other security measures, is an effective means of ensuring the security and safety of City facilities, the individuals who use them, and the assets housed within them. However, the need to ensure security and safety must be balanced with an individual’s right to privacy. Detailed requirements and responsibilities regarding the collection, notification, use, security and retention of personal information can be located in related procedures. 3. SCOPE This policy applies to all City facilities and to all employees, elected officials, patrons, visitors and tenants of City facilities. 4. POLICY CONTEXT The privacy principles applying to video surveillance include: Accountability The City is responsible for personal information under its control and has assigned ultimate accountability for compliance to the Common Clerk by designating the Common Clerk “Head” for the purposes of RTIPPA. Identifying Purposes The public will be informed of the purpose for the collection of personal information by surveillance equipment. 1 Notification The public will be notified of the presence of video surveillance equipment. Signage as required under RTIPPA will be posted in plain language. Limiting Collection Information collected will be limited to that which is necessary for the stated purpose. If possible, collection will be restricted to the time in which suspect activities are most likely to occur. Limiting Use, Disclosure and Retention 1 While related to the consent principle of the Canadian Standards Association’s Model Code for the Protection of Personal Information, this notification principle is from the Canadian Institute of Chartered Accountants’ Generally Accepted Privacy Principles. This is a legislated requirement under RTIPPA. 3 | Page VIDEO SURVEILLANCE POLICY Personal information will not be used or disclosed for purposes other than those for which the City collected it, except with the consent of the individual or as required by the law. Personal information will be retained only as long as necessary for the fulfilment of those purposes or as required by law. Personal information will be securely disposed of in accordance with approved records retention schedules, information disposal practices and all applicable information security policies and procedures. Accuracy Accurate, complete and time stamped records and information will be maintained. Safeguards Security of City equipment and recorded information will be assured and only authorized employees will be provided access to a tightly controlled video surveillance system. A combination of physical, technological and organizational controls will be employed. Openness Information about the Policy and related procedures will be available to the public. Individual Access Individuals whose images are recorded will be able to request access to their recorded personal information. All access requests will be directed to the Office of the Common Clerk. Challenging Compliance Video surveillance shall be conducted in accordance with all applicable laws and individuals will be able to challenge compliance. 5. LEGISLATION AND STANDARDS The City acknowledges the following laws that relate to records and information management:  Charter of The City of Saint John, 1785 (U.K.) Geo. III as amended  Archives Act, S.N.B. 1977, c.A-11.1 as amended  Community Planning Act, R.S.N.B. 2017, c. 19as amended  Electronic Transactions Act, S.N.B. 2011, c.145 as amended  Evidence Act, R.S.N.B. 1973, c.E-11 as amended  Local Governance Act.S.N.B. 2017, c. 18 as amended  Official Languages Act, S.N.B. 2002, c.O.0.5 as amended  Personal Information Protection and Electronic Documents Act, R.S.C. 2000, c.5 as amended  Public Records Act, S.N.B. 2011, c.212 as amended  Right to Information and Protection of Privacy Act, S.N.B, 2009, c.R-10.6 as amended. The City acknowledges the following standards, guidelines and best practices that relate to video surveillance:  CAN/CSA-Q830 Model Code for the Protection of Personal Information  CAN/CSA-PLUS-8300 Workbook on Applying the CSA Model Code  CAN/CSA-PLUS-8830 Implementing Privacy Codes of Practice 4 | Page VIDEO SURVEILLANCE POLICY  MC10-2 - Information and Privacy Commissioner of Ontario - Privacy Complaint Report  Information and Privacy Commissioner of Ontario - Guidelines for the Use of Video Surveillance Cameras in Public Places  Office for the Information and Privacy Commissioner of British Columbia - Public Surveillance System Guidelines  Office of the Privacy Commissioner of Canada - Guidelines for the Use of Video Surveillance of Public Places by Police and Law Enforcement Authorities. 6. ROLES AND RESPONSIBILITIES The Common Clerk is accountable for the Policy. Ultimate accountability for holding employees responsible for complying with City policy rests with the City Manager. The Common Clerk is responsible for overseeing the design, implementation, and maintenance of the Policy; monitoring and compliance; conducting privacy impact assessments of existing or proposed video surveillance systems; processing inquiries; investigating privacy complaints; and authorizing employees who are permitted to operate the surveillance system. The Common Clerk and Chief Information Officer are jointly responsible for identifying the personal information holdings within the City’s electronic information repositories. The Common Clerk is responsible for ensuring that personal information in any format is retained for a reasonable period of time and for authorizing the secure disposition of personal information according to the Right to Information and Protection of Privacy Act and the City’s Information Security Policy and procedures. The Chief Information Officer is responsible for securely maintaining the City’s electronic information repositories, according to the City’s Information Security Policy and procedures, such that the integrity and authenticity of the City’s information is assured. Service Area Managers are responsible for determining the requirement for a video surveillance system and are responsible for ensuring employees comply with the Policy, procedures and applicable legislation. Program Area Commissioners provide management support and leadership. City employees are responsible for following this Policy. Video surveillance systems, including any components or records, may not be used without prior authorization. A City employee receiving an inquiry from the public regarding the Video Surveillance Policy will direct the inquiry to the Office of the Common Clerk. 7. COMPLIANCE Violations or non-compliance with the Policy, regardless of size or scope, may carry potentially significant consequences for the City. Violations may constitute theft, fraud, destruction or alterations of corporate information; privacy breach; unauthorized disclosure of information assets; and/or loss of intellectual property. Violations of the Policy may cause employee disciplinary action, up to and including dismissal. 5 | Page VIDEO SURVEILLANCE POLICY 8. MONITOR AND REVIEW The Policy is subject to review within two years from approval date. The review will be conducted by a committee established by the Office of the Common Clerk. The committee may be comprised of a cross- functional internal membership or an independent third party. 9. IMPLEMENTATION The Policy will be implemented upon approval by Common Council. 10. AUTHORIZATION This Policy has been approved by Common Council on August 27, 2012. 11. GLOSSARY Employee An employee is an individual or corporation hired by the City to perform work under either a contract for services or a contract of service. Information Data presented in readily comprehensible form to which meaning has been attributed within the context of its use. Unless the context otherwise requires, this means information contained in a record. Information Security The protection of information and information systems from a wide range of risks including unauthorized access, use, disclosure, disruption, modification or destruction in order to provide authenticity, integrity, confidentiality and availability. Personal Information Recorded information about an identifiable individual, including but not limited to, (a) the individual’s name, (b) the individual’s home address or electronic mail address or home telephone or facsimile number, (c) information about the individual’s age, gender, sexual orientation, marital status or family status, (d) information about the individual’s ancestry, race, colour, nationality or national or ethnic origin, (e) information about the individual’s religion or creed or religious belief, association or activity, (f) personal health information about the individual, (g) the individual’s blood type, fingerprints or other hereditary characteristics, (h) information about the individual’s political belief, association or activity, (i) information about the individual’s education, employment or occupation or educational, employment or occupational history, (j) information about the individual’s source of income or financial circumstances, activities or history, (k) information about the individual’s criminal history, including regulatory offences, (l) the individual’s own personal views or opinions, except if they are about another person, (m) the views or opinions expressed about the individual by another person, and (n) an identifying number, symbol or other particular assigned to the individual. Privacy Breach An unauthorized access to, or collection, use or disclosure of personal information. 6 | Page VIDEO SURVEILLANCE POLICY Privacy Impact Assessment A policy process for identifying, assessing and mitigating privacy risks. Record Recorded information, regardless of medium or characteristics, made or received by an organization that is evidence of its operations, and has value requiring its retention for a specific period of time. Records Retention and Disposition Schedule A schedule which gives the City the authority to dispose of (transfer or destroy) records it no longer requires. This schedule identifies the period of time that personal information in the custody of the City is to be retained. Video Surveillance System Any system or device that enables continuous or periodic recording, observing or monitoring of facilities and/or individuals. 12. INQUIRIES For more information on the Policy, please contact the Office of the Common Clerk. 7 | Page