TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: September 9, 2024 Report No. ADM-24-051
TO: Council
FROM: Deb Hopkins, Director of Corporate Services
SUBJECT: Proposed Amendments to Video Surveillance Policy ADMIN-76
RECOMMENDATION:
Recommendation
That Council approve the amendments to Video Surveillance Policy ADMIN-76 as outlined in staff report ADM-24-051.
Body
EXECUTIVE SUMMARY:
The Township of Esquimalt uses limited video surveillance to ensure public safety and security of staff, clients, visitors, facilities, and assets. As a public body governed by the Freedom of Information and Protection of Privacy Act (FIPPA), regular reviews of this policy are required to ensure continued compliance with provisions of FIPPA balanced with an individual’s right to privacy while visiting a Township facility or property. Amendments to this policy are proposed to improve clarity of the provisions, reflect changes to current practice, and to authorize additional staff positions to assist the Director of Parks and Recreation in conducting investigations or working with Police in situations where property damage or unlawful activity has occurred.
BACKGROUND:
Council approved Video Surveillance Policy ADMIN-76 (Attachment A) in November 2019 which allowed for the use of video surveillance technology to promote public safety and protect the security of the Township’s property and other assets. The policy is regularly reviewed to evaluate whether the systems in place operate in a privacy protective manner. Staff have determined that policy amendments are required to ensure ongoing compliance and implementation of best practices, provide clarity, and maintain operational efficiency. The proposed amendments are highlighted in Attachment 2.
Surveillance systems are considered to be privacy intrusive measures as they can subject individuals to continuous monitoring of their regular everyday activities. Video or recordings capture personal information, and the Township must regularly review and update relevant policies to prevent the erosion of an individual’s right to privacy as a result of the use of the surveillance systems on municipal property.
Public bodies are authorized to collect personal information by way of video surveillance in accordance with Section 26 of FIPPA. The Township of Esquimalt uses surveillance systems in defined public areas where conventional means of achieving the same objectives are less effective. The system collects the minimum amount of personal information necessary to achieve the purpose of collection. All public areas that are monitored by video surveillance have signage posted advising of the monitoring within the surveillance perimeter. Personal information collected through video surveillance is not used for any reason that is not consistent with the purpose for which it was originally collected.
Staff with authorized access to the system and associated records are limited as outlined within this policy. This serves to prevent unauthorized access and protects the use of collected personal information for authorized purposes only.
ANALYSIS:
Policy clarity is fundamental to ensuring that the activities of the municipality reflect best practices and continue to comply with existing and evolving legislation applicable to the protection of privacy.
The following sections of the policy have been amended to improve clarity:
Section 1 Policy Overview
• Policy overview section revised to specify acceptable surveillance methods and additional justification for the use of video surveillance.
Section 10 Access to Records and Equipment
• Section expanded to detail the process for reviewing and providing applicable surveillance records when formally requested, including release to law enforcement agencies.
The following sections includes changes to improve organizational efficiency:
Section 5 Responsibilities
• Remove the reference to the Director of Corporate Services and Human Resources to align with previous organizational changes.
• Authorization to assist with the conduct of investigations or working with Police has been extended to include identified Parks and Recreation management staff. This allows these staff members to step in when the Director of Parks and Recreation is absent or where the damage or unlawful activity has occurred within a specific location or program area that could be more effectively managed or assisted by one or more of the identified management positions.
Section 10 Access to Records and Equipment
• Remove the requirement for the IT Manager to record the prescribed information in a log book as this information is already being recorded by the Privacy Team where formal records are requested and subsequently provided as authorized.
In addition, changes to the public notice sign contained in Appendix 1 of the policy reflect the establishment of the Township’s Privacy Team. Revised signage will be rolled out as they require replacing in the future. While changes will appear on future signs, the changes do not require immediate implementation as Section 7 of the policy states that “The Township shall post signs, substantially as set out in Appendix 1 of this Policy”. As only minor changes to contact information are proposed, and any requests for assistance directed to the information listed on the current signage will be addressed as and when received, the existing signs remain compliant.
The draft amendments are proposed using several regulatory documents including the Public Sector Surveillance Guidelines published by the provincial Office of the Information and Privacy Officer as well as policies of other local governments.
OPTIONS:
• That Council approve the amendments to Video Surveillance Policy ADMIN-76 as outlined in Staff Report ADM-24-051.
• That Council revise Video Surveillance Policy ADMIN-76 as outlined in Staff Report ADM-24-051 and approve the amendments with the changes as directed by Council.
• That Council request additional information from staff.
• That Council provide alternative direction.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence
FINANCIAL IMPACT:
There are no financial impacts associated with the proposed policy amendments.
COMMUNICATIONS/ENGAGEMENT:
If approved, the amended policy will be circulated to all applicable staff. In addition, the policy will be posted to the Township’s website for public access.
TIMELINES & NEXT STEPS:
If approved by Council, the policy amendments will take effect immediately.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Video Surveillance Policy ADMIN-76
2. Proposed Amendments to Video Surveillance Policy ADMIN-76 with changes tracked