Policy Manual

C-700-AR: Video Surveillance

References: 

• Education Act, Sections 11,33,52,53,197,222,225
• FOIP ss. 32, 33, 34, 35, 38, 39, 40,41
  
  

The Division recognizes its responsibility to provide a safe environment, to protect Division property from theft and/or vandalism, and to address student behaviour.  Video monitoring, and consequently its audio recording, may be used on division property, including school and division owned and contractor’s school buses, to monitor the safety and security of individuals and property in accordance with these procedures.

The Division will strive to ensure it achieves a balance between the benefits of video surveillance systems and the privacy of individuals.

1. Notification
   1. Video monitoring notification signs shall clearly notify users of the area of monitoring.
   2. If video monitoring systems are in use, visible signage must be posted in the area of surveillance, notifying people that the property is under surveillance.
   3. Students, parents, and staff shall be informed at the beginning of the school year, and as necessary during the school year, that video/audio surveillance will be used and that video/audio recordings may be used by administration as evidence.
   4. Audio from division phones may be recorded for the safety and security of the division staff. A disclaimer at the beginning of each call must be provided to the public when division phones have the recording feature activated.
   5. Recordings shall not be disclosed except in accordance with these procedures.
2. Location
   1. Video camera locations must be authorized by the Principal, Manager, Facilities Services or the Manager of Transportation Services in consultation with the Superintendent or designate.
   2. A sign will be posted on every bus that is adapted to have a video camera.  For Example:
   3. Only a designated staff member or agent of the division shall install video cameras.
   4. Video cameras shall be positioned in areas where it is necessary to assist in the provision of the personal safety of individuals and/or to monitor student behavior.
   5. Video cameras shall not be used to monitor areas where the public has a reasonable expectation of privacy, including change rooms/washrooms and/or private conference/meeting rooms.  Cameras shall not be directed to look through windows of adjacent non-division buildings.
3. Access/Use
   1. Only individuals authorized by the superintendent or designate shall have access to the video/audio information collected.
   2. The superintendent or designate shall be responsible for reviewing the use and security of monitoring cameras, including monitors and video/audio recordings.
   3. The principal, division or facility administrator may not engage in real time viewing of video surveillance systems or delegate real time viewing of video surveillance systems unless it is for a specific law enforcement purpose, or for monitoring the school or facility during a lockdown procedure, or for monitoring locked entry doors to control access to a division school or facility.
   4. Video/audio recordings may be used to detect or deter criminal offenses.  They may also be used for inquiries and proceedings relating to law enforcement, research, deterrence, and discipline.
   5. The division FOIP Coordinator or designate has the responsibility to review and approve or reject applications for video surveillance systems based on the requirements of this regulation.
   6. A “Law Enforcement Disclosure” form shall be completed by bylaw enforcement before disclosing any records to law enforcement.
   7. Video/audio records may be released to third parties or applicants in conformance with the provisions contained in the Freedom of Information and Protection of Privacy Act (FOIP), and any rules or regulations thereunder.
   8. Video/audio monitoring shall not be used for other purposes unless expressly authorized by or under an Act or enactment.
4. Protection of Information, Disclosure, Retention, and Disposal
   1. All video/audio recordings shall be securely stored in a locked area at the respective division site and viewed only through authorized access.
   2. Digital recordings shall be stored on computers with restricted access.
   3. A “Consent to disclose personal information” form shall be completed before disclosing any recording to any third parties.  This record is to include information as to the name of the individual, date of the occurrence, when the recording will be returned, and/or if the recording is to be destroyed.
   4. A parent/guardian requesting to view a video/audio that includes their child may be allowed to do so in the presence of an administrator and in accordance with FOIP.  Viewing may be refused or limited where it is deemed that it would be an invasion of a third party’s personal privacy, would give rise to a concern for a third party’s safety, or on any other grounds recognized in the FOIP act.
   5. If the video/audio recording has been used to make a decision that directly affects an individual, the recording shall be retained for at least one year from the date of the decision.
   6. All video/audio recordings shall be disposed of in a secure manner, following the division’s retention policies (i.e. 30 days).
   7. Video/audio recordings shall be viewed on a need-to-know basis and in such a manner as to avoid public viewing.  Monitors shall be placed in controlled access areas.
   8. Where an incident raises a prospect of a legal claim against the division, the recording, or copy of it, shall be sent to the division’s insurers.
   9. An individual who is the subject of video/audio monitoring has the right to request access to the video/audio recordings in accordance with FOIP.  Access in full or in part may be refused on one of the grounds set out within the legislation.
5. At this time the use of drones as an onsite or offsite division activity are not permitted.