Date Effective: September 17, 2008
Last Reviewed:

Table of Contents:

Policy Objective
Underlying Principles
Policy Statement
Scope
Application

Specific Directives
A. Guidelines to Follow Prior to the Implementation of a Video Surveillance System

1. Factors to Consider Prior to Using Video
2. Designing and Installing Video Surveillance Equipment
3. Notice of use of Video Systems
4. Personnel Authorized to Operate Video Equipment

B. Video Equipment/Records
1. Types of Recording Device
2. Record Identification
3. Logbook

C. Access to Video Records
1. Access
2. Storage
3. Formal Access Requests Process
4. Access: Law Enforcement
5. Viewing Images
6. Custody, Control, Retention and Disposal of Video Records/Recordings
7. Unauthorized Access and/or Disclosure (Privacy Breach)
8. Inquiries from the Public Related to the Video Surveillance Policy 9.Accountability

Appendices:
Appendix 1: References
Appendix 2: Definitions
Appendix 3: Signs

Policy Objective:
To ensure that, in adopting the use of security video surveillance cameras, Niagara Falls Public Library balances the security benefits derived from the use of video surveillance with the privacy rights of the individual.

Underlying Principles:
In the daily operation of Niagara Falls Public Library (NFPL) premises, the safety of property, visitors, and employees is protected and maintained by conventional means such as: alert observation by staff, foot patrols by security personnel, security-conscious design of library locations, safe behaviour training, and the consistent application of the Library’s Rules of Conduct. However, in some circumstances, the additional protection provided by surveillance cameras is essential in maintaining lawful and safe use of
Library premises.

The Security Video Surveillance Policy provides detailed direction concerning the context, procedures and protocols within which the Library installs and operates surveillance cameras. The Policy ensures that the Library follows the guidelines set out by the Information and Privacy Commission/Ontario, and the privacy requirements of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), without compromising the safety and security of Library visitors, staff and premises.

Policy Statement:
Niagara Falls Public Library recognizes the need to balance an individual’s right to privacy and the need to ensure the safety and security of Library employees, users, visitors and property. Proper video surveillance, where deemed necessary, is one of the most effective means of helping to keep Library facilities and properties operating in a safe and secure manner. While video surveillance cameras are installed for safety and security reasons, the Library’s video surveillance systems must be designed and maintained to minimize privacy intrusion.

Scope:
This Policy applies to all types of camera surveillance systems, surveillance monitors and camera recording devices that are used for security purposes at Library-owned and leased properties.

Application:
This Policy is implemented by the Niagara Falls Public Library staff. Library contractors and service providers who have responsibilities relating to security video surveillance will be made aware of this Policy and given instruction in meeting the Policy’s requirements.

Specific Directives:
A. Guidelines to Follow Prior to the Implementation of a Video Surveillance System.

1. Factors to Consider Prior to Using Video:

Before deciding to install video surveillance, the following factors must be
considered:
(a) The use of video surveillance cameras should be justified on the basis of
verifiable, specific reports of incidents of crime or significant safety
concerns;
(b) A video surveillance system should only be considered after other
measures of deterrence or detection have been considered and rejected
as unworkable;
(c) An assessment must be conducted on the effects that the proposed
video surveillance may have on personal privacy, and the ways in which
any adverse effects can be mitigated;
(d) The proposed design and operation of the video surveillance systems
should minimize privacy intrusion.

2. Designing and Installing Video Surveillance Equipment:

When designing a video surveillance system and installing equipment, the
following must be considered:
(a) Given the open and public nature of the Library’s facilities and the need
to provide for the safety and security of employees and visitors who may
be present at all hours of the day, the Library’s video surveillance
systems may operate at any time in a 24-hour period;
(b) The video equipment shall be installed to monitor only those spaces that
have been identified as requiring video surveillance;
(c) The ability of authorized personnel to adjust cameras shall be restricted
so that authorized personnel cannot adjust or manipulate cameras to
overlook spaces that are not intended to be covered by the video
surveillance program;
(d) Equipment shall never monitor the inside of areas where the public and
employees have a higher expectation of privacy (e.g. change rooms and
washrooms);
(e) Where possible, video surveillance should be restricted to periods when
there is a demonstrably higher likelihood of crime being committed and
detected in the area under surveillance;
(f) Reception/recording equipment must be located in a strictly controlled
access area. Only authorized personnel shall have access to the
controlled access area and the reception/recording equipment;
(g) Every reasonable attempt should be made by authorized personnel to
ensure video monitors are not in a position that enables the public and/or
unauthorized staff to view the monitors.

3. Notice of Use of Video Systems:

In order to provide notice to individuals that video is in use:
(a) The Library shall post signs, visible to members of the public, at all
entrances and/or prominently displayed on the perimeter of the grounds
under video surveillance;
(b) The notification requirements of this sign must inform individuals of:
(i) the legal authority for the collection of personal information;
(ii) the principle purpose(s) for which the personal information is
intended to be used; and
(iii) the title, business address, and telephone number of someone
who can answer questions about the collection.

4. Personnel Authorized to Operate Video Equipment:
Only authorized personnel shall be permitted to operate video surveillance
systems.

B. Video Equipment/Records:

1. Types of Recording Device:
The Library may use either Digital Video Recorders (DVR) or time lapse
Video Cassette Recorders (VCR’s) in its video systems. Facilities using video
recorders will retain these records for a period of up to 30 days depending on
the recording device and technology. A record of an incident will only be
stored longer than 30 days where it may be required as part of a criminal,
safety, or security investigation or for evidentiary purposes.

2. Record Identification:
All records (storage devices) shall be clearly identified (labelled) as to the
date and location of origin including being labelled with a unique, sequential
number or other verifiable symbol. In facilities with a DVR that stores
information directly on a hard-drive, the computer time and date stamp shall
be understood to be this identification. In facilities with a VCR or other
recording mechanism using a removable/portable storage device, the
authorized personnel shall affix a label to each storage device identifying this
information.

3. Logbook
Each location shall maintain a logbook to record all activities related to video
devices and records. Activities include all information regarding the use,
maintenance, and storage of records and all instances of access to, and use
of, recorded material, including the name of the person accessing the
system. All logbook entries will detail staff name, date, time and activity. This
logbook must remain in a safe and secure location with the video recording
equipment. Only authorized personnel or a manager may remove this
logbook from the secure location.

C. Access to Video Records

1. Access
Access to the video surveillance records, e.g. logbook entries, CD, video
tapes, etc. shall be restricted to authorized personnel, and only in order to
comply with their roles and responsibilities as outlined in the Security Video
Surveillance Policy.

2. Storage
All tapes or other storage devices that are not in use must be stored securely
in a locked receptacle located in an access-controlled area.

3. Formal Access Requests Process
With the exception of requests by law enforcement agencies, all formal
requests for video records should be directed to the Chief Librarian’s office.
Requests are subject to the Municipal Freedom of Information and Protection of Privacy Act.

4. Access: Law Enforcement
If access to a video surveillance record is required for the purpose of a law
enforcement investigation, the requesting Officer must complete a
Disclosure of Personal Information Form and forward it to the Chief Librarian,
or designate. The Chief Librarian or designate will provide the recording for the
specified date and time of the incident requested by the Law Enforcement
Officer, subject to MFIPPA exemptions.

The Chief Librarian, or designate, will record the following information in the
facility’s video logbook:
(i) The date and time of the original, recorded incident including the designated name/number of the applicable camera and VCR/DVR;
(ii) The name of the authorized personnel at the time of the incident;
(iii) The time and date the copy of the original record was sealed;
(iv) The time and date the sealed record was provided to the requesting Officer; and,
(v) Whether the record will be returned or destroyed after use by the Law Enforcement Agency.

5. Viewing Images
When recorded images from the cameras must be viewed for law enforcement or investigative reasons, this must only be undertaken by an authorized personnel, in a private, controlled area that is not accessible to other staff and/or visitors.

6. Custody, Control, Retention and Disposal of Video Records/Recordings
The Library retains custody and control of all original video records not provided to law enforcement. Video records are subject to the access and privacy requirements of MFIPPA, which include but are not limited to the prohibition of all Library employees from access or use of information from the video surveillance system, its components, files, or database for personal reasons. With the exception of records retained for criminal, safety, or security investigations or evidentiary purposes, the Library must not maintain a copy of recordings for longer than the recording systems’ 30 day recording cycle. The Library will take all reasonable efforts to ensure the security of records in its control/custody and ensure their safe and secure disposal. Old storage devices must be disposed of in accordance with an applicable technology asset disposal process ensuring personal information is erased prior to disposal, and cannot be retrieved or reconstructed. Disposal methods may include shredding, burning, or erasing depending on the type of storage device.

7. Unauthorized Access and/or Disclosure (Privacy Breach)
Any Library employee who becomes aware of any unauthorized disclosure of a video record in contravention of this Policy, and/or a potential privacy breach has a responsibility to ensure that the Chief Librarian is immediately informed of the breach.

The following actions will be taken immediately in accordance with NFPL’s procedures for managing a privacy breach:
• Upon confirmation of the existence of a privacy breach, the Chief Librarian or designate will notify the Information and Privacy Commission of Ontario (IPC);
• NFPL staff shall work constructively with the IPC staff to mitigate the extent of the privacy breach, and to review the adequacy of privacy protection with the existing Policy;
• The Chief Librarian, or designate in consultation with the manager of the department in which the breach of Policy occurred, shall investigate the cause of the disclosure with the goal of eliminating potential future occurrences;
• The departmental manager shall inform the Chief Librarian, or designate, of events that have led up to the privacy breach;
• The staff member shall work with the departmental manager and the Chief Librarian, or designate to take all reasonable actions to recover the record and limit the record’s disclosure;
• The Chief Librarian, where required, shall notify affected parties whose personal information was inappropriately disclosed.
A breach of this Policy may result in disciplinary action up to and including dismissal. A breach of this Policy by service providers (contractors) to the Library, may result in termination of their contract.

8. Inquiries from the Public Related to the Video Surveillance Policy
A staff member receiving an inquiry from the public regarding the Video Surveillance Policy shall direct the inquiry to the Chief Librarian’s Office.

9. Accountability:

1. The Chief Librarian:
(a) Is responsible and accountable for documenting, implementing, enforcing, monitoring and updating the Library’s privacy and access compliance;
(b) Will report to the Board when video surveillance is being proposed for all locations;
c) Preparing annual reports to the Board on all security video surveillance systems installed.
(d) Informing appropriate shared facilities’ personnel of this Policy’s requirements if in a shared facility;

2. Managers are responsible for:
(a) Recommending proposed installations in their department after reviewing Security Threat Assessments;
(b) Ensuring that appropriate library staff are familiar with this Policy and providing advice, training and  ecommendations to staff to assist in compliance with MFIPPA;
(c) Overseeing the day-to-day operation of video surveillance cameras, providing supervision to approved authorized personnel, and ensuring their compliance with all aspects of this Policy;
(d) Ensuring monitoring and recording devices, and all items related to surveillance (e.g. logbooks) are stored in a safe and secure location;
(e) Ensuring logbooks recording all activities related to security video devices and records are kept and maintained accurately by authorized personnel;
(f) Responding to formal requests to access records, including law enforcement inquiries, in consultation with the Chief Librarian or designate;
(g) Investigating privacy complaints related to video surveillance records, and security/privacy breaches.
(h) Immediately reporting breaches of security/privacy to the Chief Librarian or designate.
(i) Reviewing annually the video surveillance system and policy and recommending updates as appropriate to the Chief Librarian;

4. The Manager of Buildings & Property is responsible for:
(a) Reviewing Security Threat Assessments to determine requirement for a video surveillance system;
(b) Advising on installations and operation;
(c) Assessing proposed installations in accordance with this Policy in consultation with the appropriate manager;
(d) Conducting periodic internal audits to ensure compliance with this Policy;
(e) Delegating the day-to-day operations of video surveillance systems to managers and ensuring compliance with this Policy and NFPL procedures;

5. The IT Dept. Staff is responsible for:
(a) Technical aspects of equipment, its installation and maintenance and the retention and disposal of the recorded information.


Appendices:
Appendix 1: References
Appendix 2: Definitions
Appendix 3: Signs

Appendix 1: References

Guidelines for Using Video Surveillance Cameras in Public Places. Information and Privacy Commissioner/Ontario. 2001.
Municipal Freedom of Information and Protection of Privacy Act,
R.R.O. 1990, c. M. 56 (MFIPPA).
Municipal Freedom of Information and Protection of Privacy Act,
R.R.O. 1991, Regulation 372/91 as Amended.

Appendix 2: Definitions

Authorized staff/personnel – employees of NFPL or of a NFPL contractor who are authorized by the Library to operate the video surveillance system for a particular facility and to perform the duty, responsibility or action described.


Appendix 3: Signs

“Areas of this building are under video surveillance. Images may be collected that allow an individual to be identified.

Personal identifying information recorded by video surveillance equipment is gathered under the authority of the Public Libraries Act and in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

The use of video surveillance is solely for the purposes of controlling theft, ensuring the safety of library users and staff, and facilitating the identification of individuals who behave in a disruptive manner, cause damage to library property or are otherwise in contravention of the Library’s Rules of Conduct.

Any questions about the collection of this information should be addressed to the Chief Librarian, 4848 Victoria Avenue, Niagara Falls, ON, L2E 4C5 or by telephone at 905-356-8080.