22nd January, 2010.
The Secretary,
Board of Management,
each Community and Comprehensive School.
Members of the Executive and Trustees of ACCS.
ACCS/Info Bulletin 03/10
The use of CCTV in our schools has recently been the subject of extensive discussion between the Office of the Data Protection Commissioner and a legal team acting on behalf of one of our schools. In light of the outcome of these discussions ACCS is now advising schools as to the necessary pre-requisites in respect of Data Protection in the use of CCTV equipment in our schools.
The following advice is based on the views expressed by the the data commissioner’s office. Any data controller introducing a system that involves the processing of personal data, such as a system for monitoring, capturing and retaining images on a CCTV system, needs to have conducted a thorough privacy impact assessment before it would introduce CCTV to permanently monitor the activities of those using the School’s facilities. The school should have a policy outlining the reasons why such a system is in operation in the school including as much detail as possible. For example the explanation for the use of cameras in specific locations should be clear from both the policy and the individual signage at the site of each camera placement. If the siting of a camera is to prevent bullying or for security(to prevent vandalism) or to prevent theft then the accompanying signage should indicate that specific purpose(s).
One of the key requirements of the Data Protection Acts with regards to the processing of personal data is that is must be done fairly. The principle of “fair processing” must be satisfied by the school by providing a communication to students and their parents/guardians outlining the School’s policy on the use of CCTV cameras, the purposes(s) for which the CCTV system will be used and details of the steps that have been put in place to limit access to the recording and monitoring equipment to those staff who have a business need to have such access. The communication to students, staff, and parents should set out the school’s retention policy with regard to images captured by the CCTV system. The communication should also outline the right of access for students, staff to images captured by CCTV and how this right might be exercised. It should also be made clear in the policy that the images captured by the CCTV system are to be used only for the purposes outlined in the policy and displayed on the accompanying signage.
Use of CCTV images for monitoring staff performance or conduct is generally not justifiable under the Data Protection Acts. If a school wishes to make use of CCTV for such a purpose, the reasons why should be clearly outlined in the policy and staff must be informed in advance of such a use. There should be very strict controls of the monitoring equipment, which should be available only to the named data controller in the school. The area housing the CCTV system should be locked at all times when not occupied and the monitoring screen should be switched off when there are visitors in the space where the screen is housed.
Is mise,
le mór mheas,
____________________
Ciarán Flynn,
General Secretary ACCS.