Report to/Rapport au :

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

4 June 2002/ le 4 juin 2002

Submitted by/Soumis par : Kent Kirkpatrick, General Manager/Directeur général,

Corporate Services Department/Services généraux

Contact/Personne ressource : Bob Gauvreau, Manager, Corporate Security/

Gestionnaire, Sécurité Municipale

580-2424, ext. 26628, Bob.Gauvreau@.ottawa.ca

Ref N°: ACS2002-CRS-RPR-0051

SUBJECT:	Proposed Closed Circuit Televison Surveillance
OBJET :	SURVEILLANCE PROPOSÉE PAR TÉLÉVISEUR EN CIRCUIT FERMÉ

REPORT RECOMMENDATION

That the Corporate Services and Economic Development Committee approve the proposed Closed Circuit Television (CCTV) policy and procedures in order to enhance security at City of Ottawa facilities and to comply with the Municipal Freedom of Information and Protection of Privacy Act (“MFFIPA”), R.S.O. 1990, c.M.56.

RECOMMANDATION DU RAPPORT

Que le Comité des services organisationnels et du développement économique approuve la politique et les procédures de surveillance par téléviseur en circuit fermé (STCF) proposées afin d’améliorer la sécurité des installations de la Ville d’Ottawa et de se conformer à la Loi sur l’accès à l’information municipale et la protection de la vie privée (LAIMPVP), L.R.O. 1990, c. M.56.

BACKGROUND

Closed Circuit Television (“CCTV”) systems were budgeted for under the 2001-2003 Capital Program, Real Property Asset Management. The Corporate Services and Economic Development Committee, at meeting number 17, on Oct. 16, 2001, directed that a policy framework be developed to guide the installation and operations of such systems.

CCTV systems have been identified as an important component of the City of Ottawa security program. Such systems have been successfully implemented across the country by both public and private institutions in order to improve the security of facilities and to reduce security risks. These systems have proven themselves to be both cost-efficient and highly effective.

Corporate Security, in keeping with the directions of Council, has prepared the attached proposed policy and procedures, following extensive research and consultation. Corporate Security discovered that many Municipalities are currently grappling with the creation of such policy and procedures in order to comply with various protection of privacy legislation. This proposed policy constitutes the “best practices” identified through that research and consultation.

Because CCTV systems record individuals and their activities, it is imperative that their use be carefully controlled and guided. This Policy and these Procedures are intended to ensure CCTV systems, within City of Ottawa facilities, do not violate the relevant privacy legislation while balancing the need of the Corporation to provide a secure environment with the need for individuals to be free to conduct their business without excessive security surveillance.

DISCUSSION

CCTV surveillance cameras are an important enhancement of the existing security program. Such systems allow for the enhancement of security, both at large, heavily staffed facilities, and at remote/ non-staffed sites. CCTV systems are an effective deterrent to crime in a public location and of great assistance in identifying potential problems so that security can respond before an incident occurs. CCTV systems also provide valuable evidence, not only for the assessment of a situation at any given time, but also for prosecution and the review of existing security measures in the event of an incident.

One such enhancement is the ability to improve security without the posting of additional security personnel. CCTV systems make possible the provision of security surveillance at remote sites, where the posting of guard staff is not an economically feasible option. By improving the cost-effectiveness of the security program, CCTV systems allow the City of Ottawa increased flexibility in responding to security risks and issues.

The proposed policy includes guidelines to ensure that no CCTV camera views an area where an individual has a greater expectation of privacy. The proposed policy also ensures that, where CCTV systems are employed, the public is provided with adequate notice of their presence. The monitoring of the video information will be conducted by well-trained and carefully selected operators. The policy also outlines that the video records will be used solely in the event of an incident occurring, which requires investigation, or where required by law.

The proposed CCTV program would utilize two types of storage devices:

1. Digital Video Recorder, in this type of system, the video images are transmitted to a hard drive unit, which stores the information digitally. In the event of an incident or suspicious activity, a record can be created by recording the information onto a disk or a CD-ROM. The information stored on the hard drive is looped and is automatically stored over at the end of each cycle.

2. Time Lapse Video Cassette Recorder; in this type of system, the video images are transmitted to a specialized Video Cassette Recorder that stores the images in time lapse on a videocassette. These tapes are used on a 31-day rotation with tapes only being removed from rotation in the event of an incident or suspicious activity. At the end of the cycle the tapes are recorded over.

With both systems information is only pulled out of storage upon the instructions of the Manager, Corporate Security, when required for a security investigation or where required by law. No information is stored or distributed for other purposes.

A CCTV program fulfills an important role in assisting Corporate Security to contribute to the Real Property Asset Management vision of excellence in managing the real property assets of the City of Ottawa, in keeping with owner investor focus on ensuring that the overall interests of the Corporation are protected.

CONSULTATION

The Corporate Security Division developed this policy and these procedures, in consultation with the Legal Services Department and the MFIPPA Core Office.

FINANCIAL IMPLICATIONS

Funding in the amount of $150,000.00 was approved as part of the 2001-03 Capital Program, Real Property Asset Management, for the installation of security systems at City Hall. Additional CCTV projects for other facilities have been budgeted for under the 2002 Capital Projects budget. The improvements to the security program are likely to result in less loss/damage to Corporate assets, resulting in significant cost savings.

ATTACHMENTS

Annex A - Draft- Closed Circuit Television Policy and Procedures

DISPOSITION

Corporate Services Department - Corporate Security to implement this policy and these procedures upon approval.

- Legal Services to ensure that any revisions to MFIPPA affecting this policy are identified and addressed by Corporate Security.

- MFIPPA Core Office to review, determine, and respond to any access to records request made by an individual seeking access to a video record created by the CCTV system.

Policy Statement-Rationale and objectives

The City of Ottawa recognizes the need to strike a balance between the individual’s right to be free from invasion of privacy and the corporation’s need to ensure the safety and security of all city employees, clients, visitors, and property. Closed Circuit Television surveillance (hereafter referred to as “CCTV”) has been in use for many years by many institutions to serve as a deterrent and also to record significant events, breaches of By-laws, and criminal activity. Given the high costs and relative inefficiency of conventional means of surveillance, CCTV surveillance stands as the most effective means of ensuring the operations of the City of Ottawa are conducted in a safe and secure environment.

Application

This policy applies to all City of Ottawa elected officials, employees, contractors, and visitors, with regards to the facilities outlined in Appendix 3. This list of facilities will be updated from time to time and amended by the Manager, Corporate Security.

Policy Description

This policy and these procedures are intended to act as guidelines for the use of CCTV surveillance in City of Ottawa facilities and events, in accordance with the dispositions and regulations set out in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (hereafter referred to as “MFIPPA”).

References

Municipal Freedom of Information and Protection of Privacy Act

Guidelines for Using Video Surveillance in Public Places Document from the Information and Privacy Commissioner/Ontario

Ontario Government’s Privacy Impact Assessment Tool

A Privacy Breach Has Occurred-What Happens Next? Document from the Information and Privacy Commissioner/Ontario

Responsibilities

Manager, Corporate Security

· Authorize installation of security cameras, and surveillance practices.

· Delegate responsibility for the day-to-day operations to Administrator, Integrated Security Management System.

· Conduct periodic internal audits to ensure full compliance with City policy and MFIPPA.

· Assist and co-operate with the MFIPPA Core Office to process applications for access to information submitted by individuals under the provisions of MFIPPA.

· Determine the placement of each video camera, based upon documented, justifiable grounds for each.

· In conjunction with the MFIPPA Core Office, develop a training and awareness plan for employees with regards to their responsibilities under MFIPPA.

· Undertake yearly evaluations of the CCTV surveillance system to ensure it is still justified in accordance with the requirements of MFIPPA.

· Co-ordinate co-operation with law enforcement agencies for disclosure of information as authorized by MFIPPA.

Administrator, Integrated Security Management System

· Oversees day-to-day operations.

· Delegates authority to approved operators.

· Ensures daily compliance with policy guidelines.

· Ensures monitoring and recording devices are stored in a safe and secure location.

· In conjunction with the MFIPPA Core Office, provides training regarding compliance with MFIPPA and how to handle information inquiries.

Operators

· Monitor and record activity.

· Ensure equipment functioning properly.

· Ensure records not accessed by unauthorized persons.

· Direct all inquiries for information to the appropriate manager.

Use Of The CCTV System

Video Surveillance

The City of Ottawa uses both Digital Video Recorders (DVR) and time lapse Video Cassette Recorders (VCR) in facility CCTV systems. Where facilities are on a DVR system, the system is on a 30 day loop and a record is only created if an incident occurs which results in the CCTV Operator making a digital copy (recording the information onto a CD record). Where facilities use VCR systems, the tapes are rotated on a 31-day basis and a tape is only removed from the rotation to create a record only when an incident occurs

Record

A record is defined for the purposes of this policy as a copy of the images captured by the CCTV system that has been saved for either review/investigation by Corporate Security, for law enforcement purposes, or where required by another legal authority.

Logbook

Each City of Ottawa facility having a CCTV surveillance recorder shall institute a logbook. The operators of the CCTV system shall document all information regarding the use, maintenance, and storage of records in the logbook. This logbook shall serve to demonstrate compliance with this policy and MFIPPA.

Location Of Reception Equipment

Camera positions will be determined on the basis of reasonable and justifiable grounds for the provision of safety and security. The position of all cameras shall be determined by the Manager, Corporate Security, or his delegated representative. No camera shall be placed so that it views into an area where individuals have a greater expectation of privacy, such as washrooms, change rooms, or private buildings. Only City of Ottawa facilities shall be subject to surveillance. Each proposed position shall be assessed in accordance with the Ontario Government’s Privacy Impact Assessment Tool with regards to the effects the system may have on personal privacy and means by which adverse effects can be mitigated.

Record Identification

All records shall be clearly identified as to the date and location of origin. In facilities with a DVR, the computer time and date stamp shall be understood to be this identification. In facilities with a VCR, the operator shall affix a label to each videotape identifying this information.

Personnel Authorized To Operate

Only persons designated by the Manager, Corporate Security, the Administrator, Integrated Security Management System, or their contracted delegates, shall be permitted to operate the CCTV system. In accordance with MFIPPA, these persons shall be informed of their obligations and responsibilities regarding the use and disclosure of information. Should such individuals breach these obligations they shall face disciplinary action, as determined appropriate by the Manager, Corporate Security, which may include termination of employment.

Employees of the City of Ottawa and all service providers who are authorized to have access to records created by through the CCTV surveillance system shall be required to sign a written agreement regarding their duties, obligations, and responsibilities under MFIPPA, which shall include an undertaking of confidentiality.

Hours Of Operation

Given the open and public nature of City of Ottawa facilities, and the need to provide for the safety and security of employees and clients who may be present at all hours of the day, the City of Ottawa CCTV systems may be in operation at any time.

City of Ottawa Obligations With Regards To Records

Notice

In accordance with MFIPPA, the City of Ottawa shall post bilingual signs at all entrances to areas under CCTV surveillance. These signs shall be as determined by the City Legal Department, and shall, at minimum, contain a warning that the area is under CCTV surveillance and the contact information for the office of the Manager, Corporate Security. (Please see Appendix 4 for an example of the notice)

In addition to the posted signs, a full bilingual notice of collection, as required by section 29 (2) of MFIPPA, shall be made available to the public at various public accessible locations throughout the City of Ottawa. (Please see Appendix 5 for an example of the full notice.)

Access

Access to the CCTV System and the records created by it shall be restricted to those employees or contractors whose duties require them to have such information. Individuals seeking to have access to records pertaining to themselves must submit an access request, following the procedures set out below.

Use

The City of Ottawa shall use the information recorded by the CCTV surveillance cameras solely for the purposes of safety and security of City staff, as well as that of users, and visitors of City facilities. This information shall not be used for any other purpose, except either with the prior consent of the individuals to whom the information relates to, or where required by law.

Disclosure

The information and records recorded shall not be disclosed to any individual or organization except as permitted through MFIPPA or required by other legislation.

Retention, Security, and Disposal of Information

The City of Ottawa shall not create records of the information collected except in circumstances where a record is created for an investigation pertaining to a safety or security issue. Records created shall not be retained for a period of less than one (1) year, as provided for under MFIPPA; except where differing retention periods are required by other legislation.

The City of Ottawa shall make all reasonable efforts to ensure the security of records while retained and to ensure their safe and secure disposal/erasure.

Records Released for Evidentiary or Investigative Purposes

Upon being notified by law enforcement authorities of a need to release a record for evidentiary or investigative purposes, the City of Ottawa shall store and retain the records according to standard procedures set out by said authority. The records will be released upon the completion of a storage device release form, which shall include the following information: the identity of the individual and agency taking the device/record, the legal authority for the collection, the date the device/record was disclosed, and provisions for the return of the record/device or its destruction. The completed storage device release forms will be stored in the records logbook. (Please See Attached- Storage Device Release Form)

Control and Responsibility for Records

It shall be understood that at all times the City of Ottawa retains control and responsibility for records, except when removed for a law enforcement investigation, or where required by law.

All service providers and contractors acknowledge that all records created or used while delivering a video surveillance program are under the control of the City of Ottawa and are subject to the provisions of MFIPPA

Staff Response To Public Inquiries Regarding CCTV Records And Policy

In the event of a staff member receiving an inquiry regarding CCTV Policy or Procedure, the inquiry shall be directed to the office of the Manager, Corporate Security. All requests for access to CCTV records shall be made under MFIPPA and shall be directed to the MFIPPA Core Office. The MFIPPA Core Office, in co-operation with the Manger, Corporate Security, shall process MFIPPA requests, in accordance with the legislation.

Access Procedure

Individual Request:

Under the provisions of MFIPPA, a person requesting access to a record shall:

· make the request in writing and submit it to the City. The requests shall be in the format of a letter making reference to MFIPPA or by using the MFIPPA Access and Correction Form;

· provide sufficient detail to enable an experienced employee of the City of Ottawa, upon a reasonable effort, to identify the record; and

· at the time of making the request pay the prescribed fees, as provided for under MFIPPA

(See attached “MFIPPA Access and Correction Form and Fee Schedule”)

Response:

In accordance with the procedures set out in MFIPPA, the City’s Head for the purposes of MFIPPA, the Director of Secretariat Services/City Clerk, shall process the request for information and respond to the requester as required pursuant to the legislation.

The MFFIPA Core Office address is as follows: MFFIPA Core Office, 110 Laurier Ave., West, Ottawa, ON, K1P 1J1, or via internal mail – 01-73

Unauthorized Disclosure:

If City of Ottawa Staff have knowledge of any unauthorized disclosure of a record, or any contravention of this policy:

· The staff member shall immediately inform the Manager, Corporate Security of the breach and the Manager, Corporate Security shall in turn inform the MFIPPA Core Office

· The staff member shall work with the Manager, Corporate Security and the MFIPPA Core Office to take all reasonable actions to recover the record and limit the record’s exposure,

· The Manager, Corporate Security, in co-operation with the MFIPPA Core Office, shall make reasonable efforts to inform the individual(s) whose record(s) was/were disclosed as a result of the breach,

· In conjunction with the MFIPPA Core Office, the Manager, Corporate Security shall investigate the cause of the disclosure with the goal of eliminating potential future occurrences

Any unauthorized disclosure of information shall be dealt with most seriously by the City of Ottawa. It shall be understood that intentional wrongful disclosure, or disclosure caused by gross negligence, is cause for disciplinary action up to and including dismissal/termination of contract.

Appendix 1

CCTV Policy Draft-Storage Device Release Form

Record of Disclosure to Law Enforcement Agency

(Please Print)

Name of Law Enforcement Officer:

Badge Number:

Agency:

Description of Record Being Seized:

Authority to Seize Record:

When Record Seized:

By signing below, the representative of the law enforcement agency certifies that the record(s) seized are required by the named law enforcement agency to aid in an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result.

After Use Record Shall Be: (check appropriate)

Destroyed: Returned:

CCTV Operator Releasing Record:

(Print Name)

CCTV Operator Signature:

Seizing Officer’s Signature:

Appendix 2

Municipal Freedom of Information & Protection of Privacy Act (MFIPPA) Access/Correction Form

Please note:

· An access/correction request for information will be processed in accordance with the time limits set out in the Municipal Freedom of Information and Protection of Privacy Act and it’s regulations. The time limit to respond to your inquiry will begin from the date the request and the $5.00 application fee are received.

· Photocopies of originals will be provided in responding to requests. On-site viewing of originals may be arranged if required.

PART A: To be completed in full by the Requester
0 Access to General Records 0 Access to Own Personal Information 0 Correction of Own Personal Information				Directed to: MFIPPA Core Office Corporate Services Department Secretariat Services Branch 110 Laurier Avenue West Ottawa, ON, K1P 1J1 Mail Code: 01-73
Details
Last Name First Name Middle Name
Address City or Town Province
Postal Code	Telephone Number Day è		Telephone Number Evening è
Detailed description of requested records, personal information records or correction of personal information: (If request is for correction of personal information, please indicate the desired correction and attach any supporting documentation)
Preferred method of access to records: 0 Receive Copy 0 Examine Original (on-site only)		Signature:			Date Day Month Year

PART B: For Office Use Only – Indicate Client Service Centre
0 $5.00 Application Fee Received	Date Application Fee Received: Day Month Year	Fee Received By Client Service Centre: Ext. #:
Comments:			Receipt #:
Personal information contained on this form is collected under section 17 of the Municipal Freedom of Information and Protection of Privacy Act, and will be used to respond to your request. Questions about this collection should be directed to the MFIPPA Core Office, Corporate Services, Secretariat Services Branch, 110 Laurier Avenue West, Ottawa, ON, K1P 1J1, tel: 580-2424, ext. 21898.

-2-

Summary of Fees for Information Requests Under the

Municipal Freedom of Information and Protection of Privacy Act

Note:

If you are requesting information about yourself, your request is considered a “personal information request”. All other requests for information, whether about a person other than yourself, or about a government program or activity, are considered “general information requests”.

Fee Charges for Requests for General Information

Application Fee: $5.00 to be paid when you submit your request;

Search Time: $7.50 per ¼ hour required to search and retrieve records;

Record Preparation: $7.50 per ¼ hour required to prepare records for release;

Photocopying: $0.20 per page

Computer Programming: $15.00 per ¼ hour to develop program to retrieve information

Disks/CD: $10.00 for each

Fee Charges for Requests for Personal Information

Application Fee: $5.00 to be paid when you submit your request;

Photocopying: $0.20 per page

Computer Programming: $15.00 per ¼ hour develop program to retrieve information

Disks/CD: $10.00 for each

You will be given a fee estimate if anticipated fees are $25.00 or more. If the estimate of fees to be paid is $100.00 or more, you may be required to pay a 50% deposit. Please note that the fee charges are prescribed by section 45 of the Municipal Freedom of Information and Protection of Privacy Act and section 6 of the Regulations and Guidelines for Municipalities and Local Boards. All monies are payable by cash, money order or certified cheque only.

Please forward your request and the $5.00 application fee,

directly to the MFIPPA Core Office, Corporate Services,

Secretariat Services Branch, 110 Laurier Avenue West, Ottawa, ON

K1P 1J1, Telephone: 580-2424, Ext. 21898.

Appendix 3

Facilities with CCTV Cameras

Name	Address
Hintonburg CC	1064 Wellington
Dempsey CC	1895 Russell Rd.
Kanata Leisure Centre	70 Aird Pl.
Carlington CC	1520 Caldwell
Potvin Arena	513 Sheffield Rd.
Britannia Filtration Plant	2731 Cassells
Lemieux Island	1 River Rd.
Clyde Ave.	951 Clyde Ave
City Hall	110 Laurier
OPS East Division	10^th Line Rd.
Peter D. Clark	7 & 9 Meridian
EMS Stores	530 Tremblay
2 Constellation	2 Constellation
Telesat Court	1595 Telesat
Routhier CC	172 Guiges St.
ROPEC	800 Green Creek Dr.
Sawmill Creek CC	3380 D’Aoust
Nepean Sportsplex	1701 Woodroffe
Gloucester Splash Pool	2040 Ogilvie
Orleans Rec Centre	1490 Youville Dr.
Blackburn Arena	200 Glen Park Rd.
Blackburn CC	200 Glen Park Rd.
735 Industrial Ave	735 Industrial
Champagne Bath	321 King Edward Ave.
Loretta Ave.	175 Loretta
Denis Coolican Building	495 Richmond Rd.
Emergency Shelter	2980 Carling Ave.
Emergency Shelter	159 Forward Ave.
Manotick Depot	4244 Rideau Valley Dr.
Carp	Hwy. 44
Navan Memorial Arena	1295 Colonial Rd.
Maple Grove	1655 Maple Grove
Swansea Garage	2799 Swansea
Caldwell CC	1550 Caldwell
170 Castlefrank	170 Castlefrank
Arts Court	2 Daly Ave.

This list is subject to amendment, as required, by the Manager, Corporate Security.
Appendix 4

Sample of warning signs to be posted

24 h

Information: 580-2580

Appendix 5

MFIPPA Collection Notice – Required under s. 29(2) of MFIPPA - to be placed in publicly available locations such as City’s external website, client service centers, information desks, reception desks, or other accessible locations in all City facilities which use CCTV

“The facilities listed below are being monitored by the City of Ottawa’s CCTV Security System, pursuant to s. 191 (6) of the Municipal Act, R.S.O. 1990, c.M.45, as amended, and s. 25(2)(h) of the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended. Personal information collected through the CCTV Security System will be used to monitor activities in and around City of Ottawa facilities to ensure the safety and security of users of, and visitors to, these facilities. Questions concerning the CCTV Security System may be addressed to: the Manager, Corporate Security, [insert full telephone number], [insert full address]. Further information concerning the City of Ottawa’s CCTV Security System is available in the Closed Circuit Television Policy, Security Procedures, CCTV Use, dated ________, City of Ottawa Corporate Policy Manual.”