The purpose of using CCTV is to ensure that Elements Medical Ltd’s Patients, staff members, visitors and healthcare professionals are afforded the best possible security and safety whilst visiting or being treated by Elements Medical Ltd.
Access to the CCTV software will be strictly limited to authorised operators.
Camera surveillance may be maintained at all times.
Monitors will be located in secure areas offices.
Live and recorded materials may be viewed by authorised operators in investigating an incident and recorded material may be downloaded from the system in line with the objectives of the scheme.
A record will be maintained of the release of images to the Police or other authorised applicants. A register will be available for this purpose.
Images (stills and footage) may be viewed by the Police for the detection of crime. Viewing of images by the Police must be recorded in writing and in the logbook. Requests by the Police can be allowable under section 29 of the Data Protection Act (DPA) 2018.
Should images be required as evidence, a digital copy may be released to the Police. Elements Medical Ltd retains the right to refuse permission for the Police to pass the images to any other person.
The Police may require Elements Medical Ltd to retain images for possible use as evidence in the future. Such images will be securely stored until they are needed by the Police.
Applications received from outside bodies (e.g., solicitors) to view or release images will be referred to the Directors, In these circumstances, images will normally be released where satisfactory documentary evidence is produced showing that they are required for legal proceedings, a subject access request, or in response to a Court Order.
Retention: Images will be retained for only as long as these are required. The system will automatically delete all recordings held on the main control unit. None of the systems enable storage after a maximum of 14 days.
In the event of a serious incident, data will be downloaded from the system and stored securely pending any external investigation. This will not be retained for longer than 21 days unless this has been deemed necessary by an external body in relation to their own investigations. As soon as it is reasonably practical, the data will be deleted following any external investigation.
Any breach of the CCTV Code of Practice by staff members at Elements Medical Ltd will be investigated by the CQC Registered Manager or nominee in order for them to take any appropriate disciplinary action.
Requests by persons outside of the company for viewing or copying of disks or obtaining digital recordings will be assessed on a case by case basis.
Requests from the police will arise in a number of ways, including:
All requests for disclosures will be forwarded to the CQC Registered Manager or nominee.
Requests for access to recorded images from persons other than the police or the data subject (that is, the person whose image has been captured by the CCTV system) will be considered on a case by case basis. Access to recorded images in these circumstances will only be granted where it is consistent with the obligations placed on Elements Medical Ltd by the Data Protection Act 2018 (DPA) and, in particular, with the purposes set out in Section 1 of the DPA.
It is important that access to, and disclosure of, the images recorded by CCTV is restricted and carefully controlled, not only to ensure that the rights of individuals are preserved but also to ensure that the chain of evidence remains intact should the images be required for evidential purposes. Users of CCTV will also have to ensure that the reasons for which they may disclose copies of the images are compatible with the reasons or purposes for which they originally obtained those images. These aspects of the policy reflect the Second and Seventh Data Protection Principles of the Data Protection Act 2018.
All staff should be aware of the restrictions set out in this policy in relation to access to, and disclosure of, recorded images.
Access to recorded images will be restricted to staff who need to have access in order to achieve the purposes of using the equipment.
All access to the disks on which the images are recorded will be documented.
Disclosure of the recorded images to third parties will be made only in the following limited and prescribed circumstances and to the extent required or permitted by law:
All requests for access or disclosure will be recorded. The management will make decisions on access to recorded images by persons other than police officers. Requests by the police for access to images will not normally be denied and can be made without the above authority, provided they are accompanied by a written request signed by a police officer who must indicate that the images are required for the purposes of a specific crime enquiry.
If access or disclosure is denied, the reasons will be documented.
If access to or disclosure of the images is allowed then the following will be documented:
Photographs and hard copy prints taken from digital images are subject to the same controls and principles of Data Protection as other data collected. They will be treated in the same way as digital images.
At the end of their useful life all computer disks, still photographs and hard copy prints will be disposed of as confidential waste. This code of practice will be reviewed annually to assess its implementation and effectiveness and it will be promoted and implemented throughout our company.
A privacy impact assessment will be conducted by Elements Medical Ltd when necessary to enable us to consider risks and how these can be mitigated.
All actions to reduce risks will be implemented by Elements Medical Ltd following completion of the assessment.
Complaints about Elements Medical Ltd’s CCTV system should be handled under Elements Medical Ltd Complaints Policy & Procedure.
Consent from patients will be obtained when necessary e.g. when video or audio recordings are to be released to third-parties.
