JAMES’ HOUSE TOUR
Titled CCTV: Developing Privacy Best Practices, the Workshop examined how technology, local and international communities, law enforcement, government agencies, and privacy advocates are shaping the use of CCTV and what safeguards should be in place as the use of CCTV expands. These panelists identified a range of challenges facing local governments, communities, and law enforcement regarding privacy and use of CCTV. The key topics discussed at the Workshop included: CCTV technology and its impact on privacy; International perspectives on the use of CCTV; Law enforcement use of CCTV; Community perspectives on use of CCTV; Legal and policy considerations regarding the use of CCTV; and Best practices for the implementation and use of CCTV. The panel on Technology Perspectives opened the Workshop by providing a basic understanding of the current CCTV technologies in use. The fifth panel, Legal and Policy Perspectives, provided an overview of constitutional considerations and case law in the area of privacy, illegal searches, and the use of CCTV.
In addition, the panelists discussed the lack of legal precedent regarding the use of CCTV and individual rights and indicated that many cities are installing CCTV systems without clear purpose or enforceable policies and procedures outlining protections for privacy, civil rights, and civil liberties. Appendix C, Template for Privacy Impact Assessment for the Use of CCTV by DHS Programs, is the PIA template the DHS Privacy CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop -2- Office will use to analyze the privacy considerations associated with DHS activities involving CCTV. Appendix D, Template for Privacy Impact Assessment for the Use of CCTV by State and Local Entities, is intended as a sample PIA for non-Federal agencies seeking to identify and address the privacy concerns posed by a CCTV program. CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop -3- CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Public Workshop Panel on Technology Perspectives The panel on Technology Perspectives opened the Workshop with an overview of CCTV technologies, including how the technology works, what it does today and will do in the future. These include: State Constitutions – A number of state courts have indicated that their State constitutions are more protective than the Federal Constitution and that the search and seizure provisions in their State constitution may provide a source of regulation for CCTV.
Money – If the Federal government was not providing funding through a grant process to develop camera systems, local communities may have imposed heavy regulation, or even the abolition of CCTV, due to excessive costs and questions regarding effectiveness of CCTV systems. Panel on Developing Privacy Best Practices for the Use of CCTV The final panel of the Workshop brought together representatives from each of the prior panels to make recommendations to guide the development of best practices for the use of CCTV. First, panelists urged that DHS show fiscal responsibility and policy leadership by conducting effectiveness studies of existing CCTV programs and privacy and civil liberties impact assessments. Gov/privacy CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop – 20 – APPENDIX B Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles Introduction The Department of Homeland Security Privacy Office and Office for Civil Rights and Civil Liberties are issuing Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles to educate government agencies interested in building privacy, civil rights, and civil liberties considerations into Closed Circuit Television system design, acquisition, and operations. The best practices articulated below apply these widely-held principles to the privacy concerns associated with the government’s use of CCTV.
Each FIPPs principle is followed by examples of how to implement the principle in the context of CCTV. CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop – 22 – Purpose Specification Principle Each government agency should specifically articulate the authority that permits its use of CCTV and specifically articulate the law enforcement purpose(s) for which CCTV is intended to be used. Transparency Principle Each government agency considering the use of CCTV should be as transparent as possible and provide notice to the public regarding its use of CCTV. There should be no secret use of CCTV. Each agency should have a written CCTV policy that governs the collection, use, maintenance, and disclosure of all camera footage or images.
CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop – 24 – Individual Participation Principle Each government agency considering the use of CCTV should involve the public to the greatest extent possible in its decision to employ CCTV. Ideally, public involvement should take place before the agency applies for grant funding from the Department of Homeland Security. CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop – 31 – APPENDIX C Template Privacy Impact Assessment for the Use of CCTV By DHS Programs CCTV: Developing Privacy Best Practices Report on the DHS Privacy Office Workshop – 32 – Overview The overview should include: The system or program’s technical and commonly referred-to name and the Department of Homeland Security Component and program responsible for its implementation and oversight.