rc lnfrmatln Cmmissiner's Offlce ü[hilïíl"ffi,ffrrrilr Memrandum f Understanding The lnfrmatin Cmmissiner and The Surveillance Camera Cmmissiner lntrductin and Purpse 1 2 3 The lnfrmatin Cmmissiner and the Surveillance Camera Cmmissiner (the Cmmissiners) have distinct respnsibilities and interests fr ensuring the effective regulatin f surveillance cameras in the cntext f their wn statutry rles. They are bth cmmitted t ensuring that there is clse cperatin in the cnduct f their respective statutry duties s as t ensure that there is effective regulatin. ln particular the Cmmissiners are cmmitted t ensuring that regulatry activity is undertaken in a way which enables individuals, rganisatins and ther stakehlders t be clear abut hw the respnsibilities f the Cmmissiners are discharged individually, and cllectively and als better understand their wn respnsibilities and rights in that regard. This Memrandum f Understanding (MU) is a statement f intent that des nt give rise t legally binding bligatins n the part f either the lnfrmatin Cmmissiner r the Surveillance Camera Cmmissiner. lt has at its heart, the prtectin f the fundamental rights and freedms f citizens in respect f their privacy, the prtectin f their persnal infrmatin and als the public interest which arises when balancíng thse cnsideratins against a legitimate duty t prtect cmmunities, where it is necessary t d s. ln that regard the purpse f this MU is t establish and clearly set ut a framewrk fr c-peratin, c-rdínatin and infrmatin sharing between the Surveillance Camera Cmmissiner and the lnfrmatin Cmmissiner in cnnectin with the sharing f relevant infrmatin and the delivery f theír statutry functins where it is cnsidered by the Cmmissiners t be in the public interest fr them t d s. lt sets ut the rle f the ffices f each Cmmissiner and als the practical wrking level arrangements between the lnfrmatin Cmmissiner and the Surveillance Camera Cmmissiner. Review Prcess 4. The Cmmissiners will ensure that arrangements are in place which keep the effectiveness f this MU under cntinual review and will persnally review the efficacy f its prvisins after an initial perid f six mnths frm the date f this dcument having been signed as agreed, and thereafter n an annual basis. Any 1
changes t this memrandum which are identified as being necessary between the Cmmissiners may be agreed in writing between them. Functins and pwers f the lnfrmatin Gmmissiner 5 6. 7 I The lnfrmatin Cmmíssiner is a crpratin sle appinted by Her Majesty the Queen under the Data Prtectin Acts 1984 and 1998 t act as the UK's independent regulatr prmting public access t fficial infrmatin and prtecting persnal data. The Infrmatin Cmmissiner regulates the Data Prtectin Act 1998 (DPA), the Freedm f lnfrmatin Act 2000 (FOIA), the Privacy and,electrnic Cmmunicatins (EC Directive) Regulatins 2003 (PECR), the Envirnmental Infrmatin Regulatins 2004 (ElR) and the INSPIRE Regulatins 2009. The lnfrmatin Cmmissiner als has specific regulatry pwers under ther legislatin such as the lnvestigatry Pwers Act 2016 Sectin 51 f the DPA places a duty n the lnfrmatín Cmmissiner t prmte the fllwing f gd practice by data cntrllers and the bservance f the requirements f the DPA by rganisatins. Where the lnfrmatin Cmmissiner is satisfied that any f the data prtecjin principles have been breached, a number f steps can be taken t seek t change the behaviur f the rganisatin including:. serving infrmatin ntices requiring rganisatins t prvide the lnfrmatin Cmmissiner's Office with specified infrmatin within a certain time perid;. issuing undertakings cmmitting an rganisatin t a particular curse f actin in rder t imprve its cmpliance;. serving enfrcement ntices where there has been a breach, requiring rganisatins t take (r refraín frm taking) specified steps in rder t ensure they cmply with the law; r cnducting assessments t check rganisatins are cmplying; and issuing mnetary penalty ntices, requiring rganisatins t pay up t Ê500,000 fr serius breaches. The lnfrmatin Cmmissiner may als prsecute thse wh cmmit criminal ffences under the DPA. Functins f the Surveillance Camera Cmmissiner 10. The Surveillance Camera Cmmissiner is appinted by the Secretary f State fr the Hme Department under Sectin 34(1) f the Prtectin f Freedms Act2012 (PFA). 11. 12 PFA applies t the use f vert surveillance camera systems (as defined by the act) by relevant autlìrities in England and Wales. Relevant authrities include Chief Officers f plice, Plice and Crime Cmmissiners and Lcal Authrities. Under the prvisins f PFA thse rganisatins must have regard t the Secretary f State's Surveillance Camera Cde f Practice (the Cde). The Cde als requires the Surveillance Camera Cmmissiner t encurage vluntary adptin amngst all rganisatins and peratrs using surveillance camera systems. The functins f the Surveillance Camera Cmmissiner include:- 2
13. 14.. Encuraging cmpliance with the Cde;. Reviewing the peratin f the Cde;. Prviding advice abut the Cde (íncluding changes t it r breaches f it) and publish an annual reprt. The Surveillance Camera Cmmissiner will prvíde infrmatin and advice n apprpriate and apprved peratinal and technical standards fr varius aspects f surveillance camera systems and n apprved ccupatinal and cmpetency standards fr persns using these systems r prcessing images and infrmatin btained by these systems. is expected t prvide advice abut the relevant peratinal, technical, qualíty management and ccupatinal cmpetency standards which are available fr a system peratr. ln reviewing the peratin f the Cde the Surveillance Camera Cmmissiner cnsiders the impact f this system f regulatin against published success criteria and the pprtunities t imprve cmpliance in line with better regulatin principles. The Surveillance Camera Cmmissiner has prduced a Natinal Surveillance Camera Strategy (England and Wales). lmplementatin and versight f this Strategy enables the Surveillance Camera Cmmissiner t mre effectively discharge his statutry functin in advising the Secretary f State as t the peratin f the Cde. Gperatin between the lnfrmatin Cmmissiner and the Surveillance Gamera Gmmissiner 15 16. 17 Subject t any legal restrictins n the disclsure f infrmatin (whether impsed by statute r thenrvise) and at his discretin, the Surveillance Camera Cmmissiner agrees that he will alert the lnfrmatin Cmmissiner t any relevant breaches discvered whilst undertaking his duties in relatin t individual cases, prviding relevant supprting infrmatin and intelligence. The Surveillance Camera Cmmissiner will als alert the infrmatin Cmmissiner t any wider r systemic failings that may give rise t cncerns abut data prtectin cmpliance. Subject t any legal restrictins n the disclsure f infrmatin (whether impsed by statute r thenruise) and her discretin, the lnfrmatin Cmmissiner agrees that she will alert the Surveillance Camera Cmmissiner t any ptential breaches, r infrmatin relevant t his functins set ut abve, discvered whilst undertaking her duties, prvide relevant supprting infrmatin and keeping the Surveillance Camera Cmmissiner updated n the prgress f these cases. Subject t any legal restrictins n the disclsure f infrmatin (whether impsed by statute r therwise) and at their discretin, bth parties agree that they will alert the ther party as t any infrmatin r intentin relating t their wn particular functin which relates t a surveillance camera system as defined by PFA, where they cnsider that there is relevance t the functins f the ther party, and t cnsult further in relatin t any actin which either party cnsiders apprpriate t undertake. ln particular where either party cnsiders it apprpriate t publish infrmatin r prvide a cmmunicatin t the media, r supprt a request frm the media fr publicity then n a case by case basis the Cmmissiners will cnsult prir t any cmmunicatin being made r where this is nt practicable, as sn as is practicable thereafter. 3
Designated Pint f Cntact 18 19 Each Cmmissiner will identify a Designated Pint f Cntact (DPC) within their respective rganisatin wh will be the primary pint f cntact with respnsibility fr cmmunicatin between the tw Cmmissiner bdies and fr ensuring the effective liaisn between bth parties within the terms f this MU. Subject t any legal restrictins n the disclsure f infrmatin (whether impsed by statute r thenrise) the key respnsíbilities f each DPC are as fllws: T ensure the effective and timely cmmunicatin and receipt f infrmatin between the parties within the terms f this MU. T ensure that an apprpriate assessment is made as t the relevancy and pririty f any matter cmmunicated s as t determine whether further actin, disseminatin f infrmatin r advice is apprpriate and take respnsibility fr ensuring all areas f receipt and assessment f infrmatin f mutual cncern is effectively prcessed and that any such infrmatin is accmpanied by clear decisin making and effective disseminatin. a T hrizn scan and identify ptential areas f relevant interest and fcus f each party which may verlap, duplicate effrt, cnflict r may thenrise benefit frm a crdinated apprach. T ensure that each CmmissÍner is ntifíed prmptly f any matter which is cnsidered t merit their attentin and this includes escalating matters t the Cmmissiners which are cnsidered by either party t merit further actin, r inactin, by ne r bth parties where agreement cannt be reached by the DPC's. Maintain apprpriate recrds f infrmatin which may assist the Cmmissiners in determining the effectiveness f the arrangements set ut in this MU. ln particular the DPC's are respnsible fr identifying trends and areas where mre strategic thinking r actin may be f value n behalf f bth parties. Disclsure f infrmatin 20 21 22 Subject t any disclsure restrictins applicable t the Surveillance Camera Cmmissiner, he may disclse cnfidential infrmatin t the lnfrmatin Cmmissiner t facilitate the carrying ut any required functin f the Surveillance Camera Cmmissiner r a statutry functin f the lnfrmatin Cmmissiner. Where the Surveillance Camera Cmmissiner wishes t disclse t the lnfrmatin Cmmissiner infrmatin necessary Ír the discharge by the lnfrmatin Cmmissiner f her functins under the DPA (r under FOIA), sectin 58 DPA prvides that n enactment r rule f law prhibiting r restricting the disclsure f infrmatin shall preclude the Surveillance Camera Cmmissiner frm furnishing such infrmatin t the Cmmissiner. F ln respect f infrmatin btained by r furnished t the lnfrmatín Cmmissiner fr the purpses f her functins under the lnfrmatin Acts, it is an ffence under sectin 59 DPA fr any current f frmer member f the lnfrmatin Cmmissiner's staff r her agent t disclse such infrmatin withut lawful authrity. 4
23. Sectin 59(2)(e) DPA prvides that a disclsure by the Infrmatin Cmmissiner f infrmatin btained by r furnished t her is made with lawful authrity where, having regard t the rights and freedms r legitimate interests f any persn, the disclsure is necessary in the public interest. 24. In additin, sectin 59(2)(d) DPA prvides that a disclsure f infrmatin by the Infrmatin Cmmissiner is made with lawful authrity where the disclsure is made fr the purpses f any prceedings, whether criminal r civil. 25. Sectin 59(2)(c) f the DPA prvides that a disclsure by the Infrmatin Cmmissiner f infrmatin btained by r furnished t her is made with lawful authrity where the disclsure is made fr the purpses f, and necessary fr, the discharge f any functins under the Infrmatin Acts (in this case the DPA). 26. The Infrmatin Cmmissiner may, at her discretin and in accrdance with subsectins 59(2)(c), (d) and/r (e) DPA, disclse cnfidential infrmatin t the Surveillance Camera Cmmissiner where this is necessary fr perfrming the functins set ut at 11 t 13 abve. 27. Where a request fr infrmatin is received by either party under the DPA r FOIA, the recipient f the request will seek the views f the ther party as described in the FOIA sectin 45 Cde f Practice, where the infrmatin being sught under the request includes infrmatin btained frm, r shared by, the ther party. Hwever the decisin t disclse r withhld the infrmatin remains with the party in receipt f the request. 28. When exchanging infrmatin the prvider will mark it with the apprpriate security classificatin and ensure that the infrmatin is disclsed securely. The receiver will ensure that the infrmatin is managed apprpriately with adequate security arrangements in place t prtect the infrmatin. 29. Designated Pints f Cntact Surveillance Camera Cmmissiner Infrmatin Cmmissiner Telephne: Telephne: 5
Infrmatin Cmmissiner Surveillance Camera Cmmissiner Infrmatin Cmmissiner 6