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35
WQ.426/2019
WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY M.R. HIGGINS OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 8th OCTOBER 2019
Question
Will the Minister advise members of the rules and regulations governing the use of police cameras and the retention and dissemination of any footage taken by them; and will he also state the rights of those filmed to have access to the footage and who determines how much, or what part, of the footage they can be supplied with?
Answer
The States of Jersey Police utilises both external CCTV and internal custody systems for law enforcement, public safety and welfare, and for legal proceedings. The use of CCTV is governed by the Data Protection (Jersey) Law 2018 and the Human Rights (Jersey) Law 2000. Officers engaged in the management and operation of the networks are expected to observe strict confidentiality in respect of information gained during the course of this work, and not to discuss with, or disclose to, unauthorised personnel.
Police use of external CCTV respects individual entitlement to go about their lawful business and this is the primary consideration in the operation of the external networks. Cameras are not used to monitor progress of individuals in the ordinary course of their lawful business.
Custody CCTV is not used when detainees are strip searched unless the detainee's violence or own vulnerability requires monitoring for the safety of the detainee and officers. When this is deemed necessary, monitoring is only conducted by a single officer of the same sex as the detainee. The use of officer body worn video cameras is not permitted during a strip search. The States of Jersey Police follows the College of Policing's Approved Professional Practice (APP) and internal policies and procedures are aligned to this.
Retention - Footage that has not been identified of relevance to an investigation is automatically disposed of after 90 days. This is soon to be reduced to 60 days to ensure that personal data is not kept longer than necessary.
Only those officers with a genuine policing need are entitled to access footage. Recorded footage is only provided to those officers directly involved in the particular investigation and is only shared for legitimate law enforcement purposes or for legal proceedings.
Retention periods for recorded footage are in the line with national policing standards known as "Management of Police Information", and vary according to the type and seriousness of the offence.
Persons whose images are recorded by the States of Jersey Police are entitled to make a subject access request for recordings under the provisions of the Data Protection (Jersey) Law 2018. Any such requests received must be forwarded to the Data Protection Officer who will determine whether such images need to be edited either to protect the right to privacy of other individuals, or where an exemption, as provided by law, may apply.