Implemented: July 2024
Purpose: To outline Mount Green Housing Association’s (MGHA) use of CCTV and its approach to resident’s usage of their own personal CCTV
Applies to: Staff and managers in the Housing, Customer Experience and Property Teams (“Team Members”), and (“Residents”) – MGHA tenants, shared owners and leaseholders and anyone whose tenancy we manage on behalf of another organisation.
1.0 Policy Statement
1.1 This policy sets out Mount Green Housing Association’s (MGHA) use of all Closed-Circuit Television (CCTV). This includes service chargeable Overt CCTV, Covert CCTV and Temporary CCTV in properties (excluding offices used by MGHA team members) which are both owned and/or managed by MGHA and residents use of their own CCTV. For the purpose of this policy the term CCTV includes ring doorbells and video ring doorbells.
1.2 CCTV managed by managing agents is not covered by this policy but managing agents are required to provide on request proof that they are compliant with General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18). They are also required to consult MGHA about additional service chargeable CCTV cameras they wish to install, and this enables MGHA to carry out any necessary resident consultation.
1.3 We recognise that some residents wish to install CCTV and our policy balances their concerns regarding safety while respecting the privacy rights of other residents and members of the public.
1.4 CCTV systems are only installed by MGHA where it is proportionate and necessary to achieve a business aim. These aims include:
- Promoting an environment where residents feel safe
- Reducing the incidence of crime and anti-social behaviour (including theft and vandalism to the building)
- Safeguarding team members and members of the public whilst on the premises
- Supporting the Police in a bid to deter and detect crime
- Assisting in identifying, apprehending, and prosecuting offenders.
2.0 Policy Principles
2.1 The main UK Law that governs the use and installation of CCTV is the DPA18 and GDPR.
2.2 MGHA generally only uses Overt and Non-Audio surveillance. However, we will consider temporarily using Covert and Audio Surveillance where there is a
specific need that cannot be met through other reasonable measures and a Data Protection Impact Assessment (DPIA) has been carried out. Their use must be approved by the Assistant Director of Housing Services (ADHS) for a limited period after the completion of a DPIA template. Their use must then be reviewed regularly so their use ceases when it is no longer required.
2.3 On our website we will:
- Make residents aware that if their own CCTV captures images within the boundary of their private domestic property (including their personal garden) the DPA18 does not apply to them.
- Make residents aware that if their own CCTV captures images outside the boundary of their own home for example, in neighbours’ homes or gardens, shared spaces, including communal landings and walkways or on a public footpath or a street, the GDPR and DPA18 will apply to them, and they will need to ensure their use of CCTV complies with these laws.
- Include a link to the DPA18 and the GDPR.
2.4 MGHA will only grant permission for residents to capture images outside the boundary of their own home where there are strong grounds to do so, and we
will never grant permanent permission. MGHA has absolute discretion in granting, refusing and revoking permission for the installation of CCTV cameras to residents living in a property owned or managed by MGHA. The only exception is where we manage properties on behalf of a local authority (LA) as the LA can overrule our decision.
3.0 Implementation
3.1 All Mount Green team members will be required to read this policy, and to confirm that they have read and understood it.
3.2 Changes to this policy and any associated procedures will be communicated to all Mount Green team members.
4.0 Other Policies
4.1 This policy should be used in conjunction with the following policies:
- Data Protection and Confidentiality Policy
- Subject Access Request Policy
- Antisocial Behaviour Policy
- Domestic Abuse including VAWG Policy
- Good Neighbourhood Policy
- Equality and Diversity Policy
- Hate Crime Policy
- Safeguarding Policy
5.0 Responsibility
5.1 The Managing Director (MD) on behalf of the board carries overall responsibility for ensuring MGHA has the appropriate policies and processes in place.
5.2 The ADHS will ensure use of CCTV by MGHA is legal and proportionate and abides by the terms of this policy.
5.3 The ADHS will review any appeals when a resident’s application for CCTV has been declined.
5.4 Managers will ensure CCTV is installed by MGHA or residents in line with this policy.
5.5 Managers will ensure designated team members know how to view and download the CCTV images and will ensure that it forms part of the induction for new team members where applicable.
5.6 All team members are responsible for feeding back any improvements that could be made to this policy (and its associated procedure if applicable) or problems they have found while trying to implement it.
6.0 Policy Detail
MGHA INSTALLING CCTV ON EXISTING SITES OWNED AND/OR MANAGED BY MGHA
6.1 All CCTV cameras should be in prominent positions within public view, must not face directly into neighbouring properties and cameras placed to record external areas will be positioned to prevent or minimize recording of passersby or another person’s private property.
6.2 MGHA will consider installing new service chargeable or temporary CCTV systems or making modifications to existing systems if there is a specific need that cannot be met through other reasonable measures. Where sites are managed by managing agents we will liaise with them regarding CCTV requirements.
6.3 If a resident requests the installation of CCTV or the extension of a current system, we will explain it is a service chargeable service and discuss whether any issues can be resolved through other measures. Where all other reasonable measures have been unsuccessful, we will generally carry out resident consultation to establish whether residents are in favour. If any residents are leaseholders, we will ensure any consultation adheres to the legislation under Section 20 of the Landlord and Tenant Act 1985 (as amended) (as defined by section 30 of the 1985 act).
6.4 A DPIA template must also be approved by the Housing Services Manager (HSM) and the necessary liaison with other agencies carried out for MGHA before the introduction of any new cameras or changes to existing CCTV arrangements. This includes changing the angles of any cameras. When approving the DPA the HSM will consider any prejudices that might lead to complaints about the cameras not being used for their intended purpose.
CCTV SIGNAGE
6.5 Signage will be displayed at all locations featuring overt CCTV to inform residents and the public that the area is under surveillance. Residents using their own CCTV must display their own CCTV signage but when MGHA gifts residents a video/ring doorbell we provide the CCTV sign.
MAINTENANCE OF CCTV AND QUALITY OF IMAGES
6.6 Images produced by the CCTV equipment are intended to be as clear as possible, so they are effective for the purposes set out above. Maintenance checks of the equipment will be undertaken if it identified that the media is not producing high quality images. Only authorised contractors will access the images for the purposes of maintenance and servicing of the system.
ACCESS TO THE SYSTEM, STORAGE, RETENTION, DISPOSAL AND TRANSMISSION
6.7 Recordings will be retained on the CCTV system in accordance with the Data Protection Act’ which is ’No longer than necessary’. The nationally accepted standard is 28 days. All recordings will be automatically overwritten after 28 days unless they are downloaded as part of an investigation or as part of a subject access request. Images required for an investigation will not normally be retained for longer than a period of 2 years following the end of the investigation. Any data transmitted will be done so via safe and secure images.
6.8 Access to the CCTV system recordings or viewing area will be restricted to designated members of staff who must sign the visitors log and declaration of confidentiality.
6.9 Some MGHA residents live in sites where managing agents own and manage the CCTV. The managing agent will not share the images with us, but we will comply with the managing agents CCTV access policy.
DISCLOSURE AND ACCESS REQUESTS FROM OTHER AGENCIES
6.10 Recorded CCTV images shall only be reviewed where there is a defined business need. If any statutory agencies such as the police require images, they must put their requests in writing and the Data Protection Officer (DPO) will assess the request and must approve any images and/or information
before disclosure.
SUBJECT ACCESS REQUESTS (SAR) AND FREEDOM OF INFORMATION REQUESTS (FIO)
6.11 Any resident who believes that they (or a member of their household) have been filmed by CCTV owned or managed by MGHA is entitled to submit a SAR, subject to exemptions contained in the DPA18. MGHA will provide the images in line with your SAR process. The DPO must approve images and/or
information before disclosure.
6.12 The DPA18 means we have the right to refuse a request for a copy of the data where an exemption applies. For example, where such access could prejudice the prevention or detection of crime or the apprehension, prosecution, or safety of offenders. We will obscure third parties where appropriate.
6.13 The resident submitting the SAR must provide the following information to enable us to find the images relating to a member of their household:
- Location
- Date
- Time
- Photographic evidence to identify the person.
6.14 The Freedom of Information Act 2000 (FOIA) does not apply to housing associations so we will not process these applications unless there are extenuating circumstances.
WHEN RESIDENTS ARE NOT REQUIRED TO REQUEST PERMISSION TO INSTALL CCTV
6.15 Residents are not required to seek our permission to install their own CCTV when ALL of the following apply:
- They do not wish to fit the equipment to the fabric of the property they live in with screws, nails or hooks or where fixed wire installation is required (as we must ensure it does not compromise the fabric of the building and create fire safety risks).
- There will be a maximum of 2 cameras/video (ring) doorbells at the property
- It will only capture images within the curtilage of the residents’ own individual home. For example, their own personal garden and their own individual path and driveway (and won’t capture images in any shared spaces or other properties)
- The audio function will not be used.
WHEN RESIDENTS ARE REQUIRED TO REQUEST PERMISSION TO INSTALL CCTV
6.16 Residents are required to seek our permission to install CCTV if ANY of the following apply:
- They wish to fit the equipment to the fabric of the property they live in with screws, nails or hooks or where fixed wire installation is required (as we must ensure it does not compromise the fabric of the building and create fire safety risks).
- There are already 2 cameras/video/ring doorbells, and they wish to install additional equipment.
- They wish to use the audio function.
- It will capture images outside the curtilage of their own home. For example: It captures part of a neighbour’s path, drive, or garden and/or communal hallways, stairs, walkways, gardens, car parks and/or highway paths and roads.
6.17 Residents are responsible for maintaining their own equipment and for remedying any damage caused by installing CCTV (including video/ring doorbells) to the fabric of their home
6.18 Permission will never be granted if images may be captured inside a neighbouring property unless the neighbour gives their written consent and we are satisfied that there is no risk of harm.
6.19 We encourage residents to speak to their neighbours when they are considering installing CCTV equipment unless the reason for the installation is related to them in which case we will signpost them to our Good Neighbourhood Toolkit if applicable. When this doesn’t resolve the situation, we will utilize the Good Neighbourhood Policy and/or ASB Policy.
6.20 Each application will be considered on a case-by-case basis. A risk assessment will be completed which will consider the following:
- Why is CCTV needed?
- Could any other means be used to protect the property or occupants?
- What will the CCTV record?
- Will CCTV be intrusive on neighbours’ and others’ privacy, and can this be minimized?
- How will the neighbours feel about the CCTV being installed?
- Does the applicant require assistance under our Good Neighbourhood Policy or Antisocial Behaviour Policy?
- Does the purpose of the equipment outweigh the impact?
It may be necessary to speak to neighbours and to visit them and the applicant to complete the assessment. Each risk assessment must be signed off by the HSM.
6.21 MGHA reserves the right to check the angle of the equipment once it has been installed and to view the footage.
6.22 When permission is granted, we make it clear that permission is not permanent. If the situation changes and/or new information comes to light, we may instruct them to remove the equipment.
6.23 Any resident who has CCTV is responsible for ensuring their own compliance with data protection law. This includes residents that we ‘gift’ a video/ring doorbell.
6.24 If a resident feels that their application for CCTV has been unreasonably declined, they should raise their concern with the ADHS who will review the decision.
7.0 Monitoring
7.1 This policy will be reviewed in response to any changes to the GDPR and the DPA18 or other relevant policies or legislation.
8.0 Equality, Diversity and Inclusion
For Mount Green, diversity is about respecting people’s individual differences and ensuring that all people that come into contact with us have access to the same high standards of behaviour and service.
8.2 We are committed to ensuring that no resident or employee will be treated less favourably because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex or sexual orientation.
9.0 Author & Version
Author: Christine Wytiahlowsky
Approved by: Exec Team
Date approved: 22 November 2024
Review Frequency: Every Three Years
Service Area: Housing Services
Document Status: This is a controlled document. Any printed copies of this document are not controlled. As a controlled document, this document should not be saved onto local drives but always accessed from the Policy Library.