EII-P1 - Overt Video Security Surveillance

Purpose

The Board is intent on maintaining a safe and secure learning and working environment.  When less privacy-invasive alternatives have been shown to be unworkable to address a specific, substantial and documented problem, Overt (in plain view) Video Security Surveillance Systems are a resource that may be used as a last resort in the Prairie Spirit School Division, to promote the safety of pupils, staff, and members of the community.  Where they are deployed and personal information is collected for that purpose, these systems help protect divisional/school property against theft and/or vandalism.  They can help in the identification of intruders and persons breaking the law, and assist with the maintenance of order.  Those purposes are authorized under subsection 36(1) of the Freedom of Information and Protection of Privacy Act (FIPPA). For the sake of clarity, PSSD considers video surveillance and school security to be separate considerations. As such, school security is addressed in EIB.

Compliance with the Freedom of Information and Protection of Privacy Act (FIPPA)

All applications of overt video surveillance in buildings, on the grounds, or in vehicles of the Prairie Spirit School Division must be compliant with the Freedom of Information and Protection of Privacy Act and the Personal Health Information Act, in all matters involving the collection, retention, use, disclosure, and destruction of personal information, as per the procedure below.

Personal information will only be collected for legitimate and specific purposes, and safeguarded once collected.  Its use or disclosure will be for purposes that are consistent with the purposes for which the information was collected (FIPPA, Section 45).  The collection will be limited to the minimum necessary for the specified purposes.  Personal information will only be used and disclosed for the specified purposes.

The use of covert video surveillance shall not be conducted in the Prairie Spirit School Division.

A copy of this procedure is available at the School Division Office.

1. RESPONSIBILITIES

The Secretary Treasurer is the Records Manager/Security Officer for the School Division, under the Guidelines on the Retention and Disposition of School Division Records, and the Access and Privacy Coordinator under the Freedom of Information and Protection of Privacy Act and the Personal Health Information Act. As such, he/she is responsible for the overall video security surveillance program of the Division. These responsibilities include:

○ Overseeing and monitoring adherence to privacy considerations (rights and compliance) as outlined in FIPPA and PHIA, by the Division.

○ Receiving and considering all applications for the installation of Overt Security Surveillance Systems, and deciding on whether they will be approved. The effect on privacy will be a factor each time an installation or a relocation is requested.

○ Arranging a schedule for training and orientation programs about the Overt Video Security Surveillance procedure for appropriate personnel.

○ Dealing with inquiries about the procedure and systems that may be in place, and requests for personal information (access).

○ Responding to enquiries about the Overt Video Security System. He/She may be reached at Box 130, Swan Lake MB R0G 2S0 or at 836-2147.

(See also: EJB – School Division Records Management, GBP – Pledge of Confidentiality.)

The Maintenance Supervisor and the IT Director are jointly responsible under the direction of the Secretary Treasurer for the management of authorized video security surveillance systems including: specifications, equipment standards, installation, maintenance, replacement, disposal, and other related requirements such as notice and training of the School Principal or Bus Driver in the operation of the system.

The School Principal or Facility Manager of a school or site having a security surveillance system, or the Driver of a school bus or other Division vehicle equipped with same, is responsible for the day-to-day operation of the system.

2. PLANNING CONSIDERATIONS, PRIVACY COMPLIANCE ASSESSMENT, AND PROCEDURES FOR APPROVAL

Guidelines

Only a School Principal may request the installation, expansion or replacement of a video surveillance system within a school. Only the Transportation Supervisor may request the installation, expansion or replacement of a video surveillance system within a bus.

Checklist:

• Have other measures such as changes to supervision, locking doors or restricting access to areas been attempted?

• Exhibit EII-E2 - Request for Video Surveillance has been completed

• The School Principal, Secretary Treasurer and the IT Director meet to evaluate the request and proposed implementation.

• Staff, parents and students have been informed of overt video surveillance system installation with reasonable and adequate notice.

• Signage as per Procedure EII-P1 has been posted

• Three month review date has been scheduled.

• Access to recordings log is maintained. EII-E1

The IT Director will collaborate with principals to complete the request for video surveillance systems including the specific details regarding camera placement and the Privacy Impact Assessment, as detailed in https://www.ombudsman.mb.ca/info/privacy-impact-assessment.html.

The Secretary Treasurer, acting in the role as the Division Privacy Officer has the responsibility to review and approve or reject applications for video surveillance systems based on the requirements of this regulation.

The School Principal may not engage in real time viewing of video surveillance systems or delegate real time viewing of video surveillance systems unless it is for a specific law enforcement purpose, or for monitoring the school or facility during a lockdown procedure, or for monitoring locked entry doors to control access to a District school or facility.

Before deciding if the situation in a school, a facility, a location, or a Division vehicle warrants a Video Security Surveillance System, the Secretary Treasurer will consider the following criteria:

○ A Video Security Surveillance System may be implemented only where other less intrusive means of deterrence, such as increased monitoring by staff, have been shown via documentation in writing and a basic cost analysis (equipment, maintenance, upgrades, staffing) to be ineffective.

○ Ability to demonstrate:

1. A history of incidents (description, dates, actions taken) such as intrusions, personal safety issues, thefts, or vandalism, occurring in the specific area, as well, a written description and dates of alternative measures that were undertaken, but failed.

2. Are there reasonable and probable grounds to believe that plain view video surveillance would be beneficial to the safety and/or security of the students, employees, visitors and to protect the property of the Division?

3. Whether a Video Security Surveillance System would be effective in dealing with or preventing future incidents of the type that have already occurred.

4. Video surveillance is necessary in relation to a perceived need, whether that need be its ability to audit, monitor or evaluate the safety and/or security of its students, employees, and visitors or to protect and maintain the property of the Division.

5. Is there a less privacy-invasive way of achieving the same end which is within the budget and resource base and obligations of the Division?

6. The proposed location(s) for the video cameras is (are) where the persons affected would not have a reasonable expectation of privacy.

7. The loss of privacy is proportional to the benefit gained.

○ Whether the acquisition, installation, and operation of individual Video Security Surveillance Systems can be justified as beneficial on the basis of enhancing the safety of students and staff, and/or deterring destructive acts such as theft and vandalism.

○ Ways to ensure that the proposed design and operation of the Video Security Surveillance System minimizes privacy intrusion to the minimum necessary to achieve its required and lawful goals.

○ A detailed description of the location and field of vision for each installation proposed, as well as the location and security of the reception equipment where signals received will be monitored.

○ Any special features of the proposed system, such as sound, zoom, night vision features.

○ The periods of time each camera will be on.

○ Consideration will be given to the development of pamphlets or other written materials that explain the surveillance procedure.

When the Secretary Treasurer is satisfied that the above criteria are met, he or she may authorize the use of plain view video surveillance for a period up to three months (extensions can be applied for) and may impose upon such authorization whatever reasonable conditions he or she feels the circumstances warrant.

3. COLLECTION OF PERSONAL INFORMATION

The collection of personal information will be in accordance with the Freedom of Information and Protection of Privacy Act; Sections 36(1)(c) and 37(1)(g) “for law enforcement purposes or crime prevention”.

4. THE DESIGN, INSTALLATION, AND OPERATION OF OVERT VIDEO SECURITY SURVEILLANCE EQUIPMENT

In designing, installing, and operating a Video Security Surveillance System, the following is required:

○ Reception equipment will only be installed where video surveillance is an approved detection or deterrence activity.

○ Installation will allow for the monitoring of only those spaces approved as requiring video surveillance.

○ Installation will not allow operators to adjust or manipulate cameras to overlook spaces not intended to be covered, including places that are not school property.

○ Equipment will never allow monitoring inside areas where students, staff, and the public have a higher expectation of privacy, such as change rooms, washrooms, offices or private conference/meeting rooms.

○ Clearly written signs prominently displayed in highly visible areas outdoor, and at the entrances and the interior of buildings having Video Security Surveillance Systems, will provide students, staff, and the public with reasonable and adequate warning that video surveillance is in effect. As per subsection 37(2) of the Freedom of Information and Protection of Privacy Act, the signs will also indicate the purpose for the surveillance, the legal authority for it, and the title, business address and telephone number of an officer or employee of the public body who can answer questions about the collection. Similar signs will be used for school buses. Signage will be provided prior to the installation of equipment. See appendix for requirements regarding signs.

○ Video surveillance on school buses will be used to enhance safety by promoting proper student conduct. It may also be used for the prevention of vandalism and for possible law enforcement purposes. Signs indicating the use of surveillance will be placed prominently outside the bus, by the door, as well as inside the bus, in the front and in the back.

5. ACCESS, USE, DISCLOSURE, RETENTION, SECURITY, AND DISPOSAL OF VIDEO SECURITY SURVEILLANCE RECORDS.

Any information obtained through Video Security Surveillance Systems may only be used for the purposes under FIPPA clearly set out in the procedure (Section 43). It must relate to the protection of students, staff, and the public, or it must assist in the detection and deterrence of criminal activity, theft, or vandalism. Since Video Security Surveillance Systems create a record of personal information, each school, or facility having a system will implement the following procedures. Administrative, physical, and technical safeguards, as per Subsection 18(2) of the Personal Health Information Act (PHIA) are emphasized.

○ Storage of all video recordings will be hosted on a central Divisionally maintained device. A log will be kept of all instances of access to, and use, disclosure, or destruction of recorded material, to enable a proper audit trail. (See Exhibit EII-E1.)

○ Only the Principal/Facility Manager and/or a delegated alternate, designated by name and position, may have access to the system’s controls and reception equipment, and review the information. A review of the information will only follow an incident, or the investigation of a potential crime, or when there is an authorized reason to do so. Subsection 44(1) FIPPA sets out the limited and specific circumstances under which personal information may be disclosed. Information that has not been viewed for law enforcement, school or public safety purposes shall be retained for seven calendar days. It is then to be routinely erased from the hard drive in a manner in which it cannot be reconstructed or retrieved. Recorded information that has been viewed for law enforcement, school or public safety, or crime prevention purposes, shall be retained for one year from the date of viewing.

○ The IT Director will store devices required for evidentiary purposes according to standard procedures until the law enforcement authorities request them. If disclosed to appropriate authorities, the Secretary Treasurer will record who took the file, under what authority, at what time, on what date, and if it is to be returned or destroyed after use.

○ When destroyed, in accordance with the above and EJB, storage devices may be erased, so that the personal information cannot be reconstructed or retrieved.

○ Any student, staff member, or member of the public that has been recorded by a Video Security Surveillance camera has a general right of access to his or her personal information under sections 7 to 16 of the Freedom of Information and Protection of Privacy Act (FIPPA). This right is recognized, however it may be refused under its mandatory exceptions to disclosure, for example, where it would be an unreasonable invasion of a third party’s privacy (Sections 17-20), or under sections 21 to 32, discretionary exceptions to disclosure. Also, part of the information may be severed, as per subsection 7(2).

○ It is a requirement for all employees of the School Division to sign the Pledge of Confidentiality (GBP). This will also be required of contractors who may have access to personal information collected by the Overt Video Surveillance System. A breach will result in disciplinary action, as per GBK – Employee Discipline.

○ A recording of actions by students may be used by the Board or administrators as evidence in any disciplinary action brought against students arising out of the student’s conduct in or about the division’s property.

○ Electronic surveillance recordings may be released to third parties or applicants in conformance with the provisions contained in the Freedom of Information and Protection of Privacy Act.

6. CHALLENGING COMPLIANCE

A person wishing to challenge compliance with this Administrative Procedure with regard to access to information or privacy under Parts 2 and 3 respectively of the Freedom of Information and Protection of Privacy Act, and Manitoba Regulation 64/98, should communicate his/her concerns to the School Division’s Access and Privacy Coordinator (Secretary Treasurer). A complaint may also be made to the Ombudsman, under Part 5 of the Act.

7. TRAINING

Where applicable and appropriate, this Administrative Procedures will be incorporated into training and orientation provided by the Division.

8. AUDITING AND EVALUATING THE USE OF A VIDEO SURVEILLANCE SYSTEM

The Board will ensure that the use and security of video security surveillance equipment is subject to regular independent audits which will address compliance with the Administrative Procedure. An external body may be retained in order to perform the audit. Any deficiencies will be addressed promptly. The divisional video surveillance program will be reviewed annually and will include the review/update of the Administrative Procedures. The criteria to be considered will include whether:

○ The initial grounds still exist;

○ The results have been achieved;

○ The conditions of use are still adequate;

○ The types of camera used and their number are appropriate; and,

○ An alternative can now be envisioned.

9. BREACHES

Any perceived or actual breach of an individual’s privacy will be dealt with quickly and systematically. The scope, chronology, and circumstances of the breach will be documented by the School Principal, Facility Manager or School Bus Driver, as the case may be. The Head, (School Board) the Privacy Officer (Secretary Treasurer), and the Access and Privacy Coordinator (Secretary Treasurer) for the Division shall be notified as soon as possible. The Ombudsman’s Office will be immediately notified upon confirmation of a breach. An individual whose personal information has been disclosed will also be notified where it is possible to do so.

An investigation into the matter will be conducted by the Secretary Treasurer, with a report to the School Board on the findings and implementation of any recommendations. The objectives of the investigation will include a review of the circumstances surrounding the event as well as the adequacy of existing policies and procedures.

10. REVIEW

The approval to use video security is valid for only three months from the time of installation. The review will be done jointly between the School Principal, Secretary Treasurer and the IT Director.

APPENDIX

DEFINITIONS

A Public Body: includes a local public body.

A Local Public Body: includes an educational body.

An Educational Body: includes a School Division.

When those terms are used, they therefore include School Divisions.

Personal Information means recorded information about an identifiable individual, including:

a.  The individual’s name,

b.  The individual’s home address, or home telephone, or e-mail number,

c.  Information about the individual’s age, sex, sexual orientation, marital 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; (Freedom of Information and Protection of Privacy Act.)

Overt Video Security Surveillance System

It refers to a video, physical or other mechanical, electronic, or digital surveillance system or device that is in plain view and enables continuous or periodic video recording, observing or monitoring of individuals in schools and Division buildings and premises, or Division vehicles. It could also include an audio device, thermal imaging technology, or any other component associated with recording the image of an individual.

Reception Equipment

It refers to the equipment or device used to receive or record the personal information collected through a video surveillance system, including a camera or video monitor or any other video, audio, physical or other mechanical, electronic, or digital device.

Record

“It means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records” (Freedom of Information and Protection of Privacy Act).

Requirements Regarding Signs

The signs posted pursuant to Subsection 37(2) of FIPPA will be a minimum of 40 centimeters in length and 20 centimeters in width (for school buses 25cm X 15cm). They will be worded as illustrated below.

• This area may be monitored by Overt Security Surveillance System cameras

  • The personal information so collected at this site is collected under the authority of the Freedom of Information and Protection of Privacy Act. (FIPPA) clauses 36(1)(c) and 37(1)(g) “for law enforcement purposes or crime prevention.”

  • This information is used to promote the safety of pupils, staff, and members of the community, to help in the identification of intruders and persons breaking the law, and assist with the maintenance of order.

Any questions about this collection may be directed to the Prairie Spirit School Division Access and Privacy Coordinator at P.O. Box 130, Swan Lake MB.  R0G 2S0, or by telephone at 836-2147, or email at pssd@prspirit.org.

Storage Device

Storage Device refers to computer disc or drive, computer chip or other device used to store the recorded data or visual, audio, or other images captured by a Video Security Surveillance System.

Approved June 23, 2009 

Revised January 28, 2020