- RAM PARKASH SUNDERDASS & SONS LIMITED “RPS DIAMONDS” of 97 Hatton Garden, London EC1N 8NX has in place a CCTV surveillance system within this store. This policy details the purpose, use and management of the CCTV and details the procedures to be followed in order to ensure that we comply with relevant legislation and the current Information Commissioner’s Office Code of Practice.
- RPS DIAMONDS will have due regard to the Data Protection Act 1998, the General Data Protection Regulation (GDPR) and any subsequent data protection legislation, and to the Freedom of Information Act 2000, the Protection of Freedoms Act 2012 and the Human Rights Act 1998. Although not a relevant authority, RPS DIAMONDS will also have due regard to the Surveillance Camera Code of Practice, issued under the Protection of Freedoms Act 2012 and in particular the 12 guiding principles contained therein.
- This policy is based upon guidance issued by the Information Commissioner’s Office, ‘In the picture: A data protection code of practice for surveillance cameras of RPS DIAMONDS CCTV Policy 1 and personal information’1 (“the Information Commissioner’s Guidance”).
- This policy and the procedures therein detailed, applies to all of the RPS DIAMONDS CCTV systems, at this store, including, body worn cameras, webcams, covert installations and any other system capturing images of identifiable individuals for the purpose of viewing and or recording the activities of such individuals. CCTV images are monitored and recorded in strict accordance with this policy.
- The CCTV system is owned by RPS DIAMONDS, 97 Hatton Garden, London EC1N 8NX and is managed by RPS DIAMONDS. Under the Data Protection Act 1998 RPS DIAMONDS of 97 Hatton Garden, London EC1N 8NX is the ‘data controller’ for the images produced by the CCTV system. RPS DIAMONDS is registered with the Information Commissioner’s Office and the registration number is Ref: ZA021547.The CCTV system operates to meet the requirements of the Data Protection Act and the Information Commissioner’s Guidance.
- The Director is responsible for the overall management and operation of the CCTV system, including activities relating to installations, recording, reviewing, monitoring and ensuring compliance with this policy.
- The CCTV system operates across RPS DIAMONDS’s store. The store has a total of 9cameras installed within the named premises.
- Signs are placed at entrance and within the store in order to inform staff, customers, visitors and members of the public that CCTV is in operation. The signage indicates that the system is managed by RPS DIAMONDS of 97 Hatton Garden, London EC1N 8NX and a 24 hour contact number is provided should contact need to be made.
- The Director is responsible for ensuring that adequate signage is erectedin compliance with the ICO CCTV Code of Practice.
- The CCTV system is operational and is capable of being monitored for 24 hours a day, every day of the year.
Purposes of the CCTV system
The principal purposes of RPS DIAMONDS’ CCTV system are as follows;
- For the prevention, reduction, detection and investigation of crime and other incidents; to ensure the safety of staff, customers and visitors; to assist in the investigation of any crime or suspected breaches by staff, customers or visitors.
- The CCTV system will be used to observe RPS DIAMONDS’s store and areas under surveillance in order to identify incidents requiring a response. Any response should be proportionate to the incident being witnessed.
- RPS DIAMONDS seeks to operate its CCTV system in a manner that is consistent with respect for the individual’s privacy.
RPS DIAMONDS’s usage of CCTV and the content of this policy shall be reviewed annually by the Director with reference to the relevant legislation or guidance in effect at the time. Further reviews will take place as required.
Compliance with Data Protection Legislation
- In its administration of its CCTV system, RPS DIAMONDS complies with the Data Protection Act 1998. Due regard is given to the data protection principles embodied in the Data Protection Act. These principles require that personal data shall be:
a) processed fairly and lawfully;
b) held only for specified purposes and not used or disclosed in anyway incompatible with those purposes;
c) adequate, relevant and not excessive;
d) accurate and kept up to date;
e) be kept longer than necessary for the particular purpose;
f) processed in accordance with the rights of individuals;
g) kept secure; and
h) not be transferred outside the European Economic Area unless the recipient country ensures an adequate level of protection.
- From 25 May 2018, RPS DIAMONDS will also comply with the General Data Protection Regulation. Due regard will be given to the data protection principles contained within Article 5 of the GDPR which provide that personal data shall be:
a) processed lawfully, fairly and in a transparent manner;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary in relation to thepurposesfor which they are processed;
d) accurate and, where necessary, kept up to date;
e) kept in a form which permits identification of the data subjects for nolongerthan is necessary for the purposes for which the personal data are processed;and
f) processed in a manner that ensures appropriate security of the personal data,including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
Applications for disclosure of images
Applications by individual data subjects
- Requests by individual data subjects for images relating to themselves “Subject Access Request” should be submitted in writing to RPS DIAMONDS together with proof of identification.
- In order to locate the images on RPS DIAMONDS’s system, sufficient detail must be provided by the data subject in order to allow the relevant images to be located and the data subject to be identified.
- Where RPS DIAMONDS is unable to comply with a Subject Access Request without disclosing the personal data of another individual who is identified or identifiable from that information, it is not obliged to comply with the request unless satisfied that the individual has provided their express consent to the disclosure, or if it is reasonable, having regard to the circumstances, to comply without the consent of the individual.
Access to and disclosure of images to third parties
- A request for images made by a third party should be made in writing to RPS DIAMONDS.
- In limited circumstances it may be appropriate to disclose images to a third party, such as when a disclosure is required by law, in relation to the prevention or detection of crime or in other circumstances where an exemption applies under relevant legislation.
- Such disclosures will be made at the discretion of the Director, with reference to relevant legislation and where necessary, following advice from the RPS DIAMONDS’ Legal Team.
- Where a suspicion of misconduct arises CCTV images may be used in staff disciplinary cases.
Retention of images
- Unless required for evidential purposes, the investigation of an offence or as required by law, CCTV images will be retained for no longer than 30 days from the date of recording. Images will be automatically overwritten after this point.
- Images held in excess of their retention period will be reviewed on a three monthly basis and any not required for evidential purposes will be deleted.
- Access to retained CCTV images is restricted to the Director and otherpersons as required and as authorised by the Director.
- All staff involved in the operation of RPS DIAMONDS’ CCTV System will be made aware of this policy and will only be authorised to use the CCTV System in a way that is consistent with the purposes and procedures contained therein.
- RPS DIAMONDS’s usage of CCTV and the content of this policy shall be reviewed annually by the Director with reference to the relevant legislation or guidance in effect at the time. Further reviews will take place as required.