Electronic Surveillance
Surveillance Electronic
Introduction to Electronic Surveillance
Electronic Surveillance, the interception of communications by electronic listening or other devices by someone who is not a party to the conversation. Electronic surveillance may be conducted by governments or individuals and may be targeted against any type of communications device, such as conventional telephones, wireless cellular phones, or computers. Electronic surveillance may occur with many mediums, or methods, of communicating, including communications over the Internet. Prior to the widespread use of digital and other new forms of communication, the term “wiretapping” was often used generically to cover all types of electronic surveillance.
In the United States, electronic surveillance of telephone conversations is prohibited by a 1968 federal statute and the laws of some states. Law enforcement officers, however, are permitted to conduct electronic surveillance of telephone conversations under federal statute, including the 1978 Foreign Intelligence Surveillance Act (FISA), and the laws of some states, provided a court order has been obtained.” (1)
Video Surveillance
Video Surveillance Cameras in Public Places
Government institutions are considering the implementation of video surveillance technology with increasing frequency for the purposes of general law enforcement programs and public safety programs. In limited and defined circumstances, video surveillance cameras may be appropriate to protect public safety and detect or deter criminal activity.
Access, Use, Disclosure, Retention, Security and Disposal of Video Surveillance Records
Any information obtained by way of video surveillance systems may only be used for the purposes of the stated rationale and objectives set out to protect public safety or to detect and deter criminal activity. Information should not be retained or used for any other purposes.
An individual whose personal information has been collected by a video surveillance system has a right of access to his or her personal information in many countries.
Auditing and Evaluating the Use of a Video Surveillance System
Institutions should ensure that the use and security of video surveillance equipment is subject to regular audits. The audit should also address the institution’s compliance with the operational policies and procedures. An external body may be retained in order to perform the audit. Any deficiencies or concerns identified by the audit must be addressed immediately.
Employees and service providers should be aware that their activities are subject to audit and that they may be called upon to justify their surveillance interest in any given individual.
The institution should regularly review and evaluate its video surveillance program to ascertain whether it is still justified in accordance with the requirements of the domestic legislation.
Video Surveillance Cameras in Schools
Increasingly, school boards in many regions and countries are using closed circuit television cameras as a means of monitoring school property. While the rationale underlying these closed-circuit systems varies, video surveillance is generally viewed as being useful in accomplishing three main goals: (1) enhancing the safety of students and staff, (2) protecting school property against theft or vandalism and (3) aiding in the identification of intruders and of persons breaking the law.
Collection of Personal Information Using Video Surveillance
Any recorded data or visual, audio or other images of an identifiable individual falls within the definition of “personal information” under many legislations.
Since video surveillance systems in schools would normally be set up to collect personal information about identifiable individuals, school boards must determine if they have the authority to collect personal information in accordance with the domestic legislation.
In order to justify any proposed or existing video surveillance system, a school board must be able to demonstrate that any collection of personal information will be authorized under one of these provisions under the Acts.
Procedures Governing the Use, Disclosure, Retention, Security and Disposal of Video Surveillance Records
Any information obtained through video surveillance systems may only be used for the purposes set out in the policy and must relate to the protection of students, staff and the public, including the discipline or consequences that arise from that, or it must assist in the detection and deterrence of criminal activity and vandalism. Information should not be retained or used for purposes other than those described in the policy.
Because video surveillance systems create a record by recording personal information, each board with a system should implement written procedures. The board is responsible for the content of the procedures, including the meeting of the minimum standards as set out below:
Video surveillance should not be used for monitoring staff performance.
All tapes or other storage devices that are not in use should be stored securely in a locked receptacle located in a controlled-access area. Each storage device that has been used should be dated and labelled with a unique, sequential number or other verifiable symbol.
Access to the storage devices should be limited to authorized personnel. Logs should be kept of all instances of access to, and use of, recorded material, to provide for a proper audit trail.
Boards should also ensure that procedures address the use and retention of recorded information such that they:
Clearly state who can view the information and under what circumstances it may be viewed. For instance, the real-time viewing of the recorded information may be limited to the school principal and a designated alternate (such as the vice-principal). Circumstances that warrant a review should be limited to instances where an incident has been reported/observed or to investigate a potential crime.
Provide that where real-time viewing of the monitors takes place, the authority to view the monitors may only be delegated by the principal to a limited number of individuals.
Set out the retention period for information that has not been viewed for law enforcement, school or public safety purposes. Recorded information that has not been used in this fashion should be routinely erased according to a standard schedule. Normally, unused tapes should be erased on a schedule not exceeding one month. The relevant retention periods should be clearly documented in both the board policy and in the board’s procedures.
Establish a separate retention period when recorded information has been viewed for law enforcement, school or public safety purposes. The length of this retention period may be reduced by way of a formal resolution by the school board.
Require the school to store and retain storage devices required for evidentiary purposes according to standard procedures until the law enforcement authorities request them. A storage device release form, or an entry in a logbook, should be completed before any storage device is disclosed to the appropriate authorities. The form should indicate who took the device, under what authority, when this occurred and if it will be returned or destroyed after use. This activity should be regularly monitored and strictly enforced.
Old storage devices must be securely disposed of in such a way that the personal information cannot be reconstructed or retrieved. Disposal methods could include shredding, burning or magnetically erasing the personal information.
Access to Personal Information
Any student, staff member or member of the public that has been recorded by a video surveillance camera has a general right of access to his or her personal information under domestic law in many countries and regions.
Source: Based on a Paper of the Ontario’s Privacy and Information Commissioner
Resources
Notes and References
- Information about Electronic Surveillance in the Encarta Online Encyclopedia
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