Correspondence

March 2020

Updated 2 September 2021

Welcome to the 8th edition of my newsletter.

Tony Porter

Surveillance Camera Commissioner

scc@sccommissioner.gov.uk

Introduction

In this issue you can read about:

• the Horizon Scanning strand of my National Surveillance Camera Strategy
• my response to the Department for Transport consultation on green number plates for ultra-low emission vehicles
• the launch of the updated data protection and impact assessment template guidance

You can follow links to the most recent blogs, news stories and case studies published on my website.

Also find out which organisations have recently achieved certification as well as video surveillance manufacturers that have demonstrated that their products meet the minimum requirements under the secure by default self-certification scheme.

I hope you find what’s in this edition useful. Please forward this to anyone you think may be interested and they can subscribe to receive the newsletter themselves by completing a short online form.

In focus – National Surveillance Camera Strategy

The National Surveillance Camera Strategy (NSCS) provides direction and leadership in the surveillance camera community to enable system operators to understand and use best and good practice and be aware of their legal obligations.

The strategy is divided into 11 work strands, each led by sector expert who have developed plans for each strand to deliver the strategic vision.

You can read about Horizon Scanning strand below.

Horizon Scanning

Technology continues to advance rapidly and a persistent challenge for regulators is to ensure that their approach remains up to date and relevant. The Horizon Scanning strand is a source of advice and support to the Commissioner in the ever increasingly complex world of video surveillance technology and the challenging issue of how surveillance camera technology is likely to develop in the future.

One of the key deliverables of the Horizon Scanning stand is to “Investigate the future of surveillance cameras as part of a broader integrated multi-sensor network”.

Horizon Scanning is a key part of the strategy as follows:

Objective 2 – Establish an early warning system to horizon scan for technological developments with implications for the scope and capability of surveillance cameras.

This strand is being led by the Defence Science and Technology (Dstl), who said:

At a time of rapid change in surveillance camera technology, both in the range of devices available and in their capabilities, it is important to have effective horizon scanning and provision of relevant science and technology advice. This will assist in developing the future regulatory landscape and more broadly will help ensure that public debate on the appropriate use of surveillance camera systems is grounded in a realistic understanding of the capabilities and limitations of current and emerging technologies.

Surveillance Camera Commissioner response to the Department of Transport consultation for green number plates for ultra low emission vehicles

I chair an Automatic Number Plate Recognition (ANPR) independent advisory group (IAG) which was established to scrutinise the deployment and operation of automatic number plate recognition as a surveillance tool.

I recently responded to a consultation on introduction of green number plates for ultra-low emission vehicles on behalf of the IAG.

My response focusses on the proportionality of the scheme, who gets access to the data and the impact of the scheme on the National ANPR Service for policing.

Court of Appeal to determine Facial Recognition Technology ruling

The landmark facial recognition technology case brought by Edward Bridges against the Chief Constable of South Wales Police will be heard at the Court of Appeal later this year.

Granting him leave to appeal, Lord Justice Singh said Mr Bridges’ case had a “real prospect of success” on all of his grounds as it “raises such issues of public importance and issues which potentially affect large numbers of people”.

The initial Court judgement acknowledged that the Surveillance Camera Commissioner regulates automatic facial recognition and I have made further submissions for the appeal.

Updated data protection and impact assessment template guidance launched

In line with our commitment for a closer working relationship, as set out in our memorandum of understanding, my office and the ICO have been working together to update the my surveillance camera specific data protection impact assessment (DPIA) template.

Where organisations are operating surveillance cameras in public places, they are required to carry out a DPIA. Organisations who are introducing new surveillance camera systems or upgrading existing systems can use the template to help them ensure they are complying with relevant legislation.

The updated DPIA template and guidance can be found on the SCC website.

Raising standards – Third Party certification scheme

Under the provisions of the Protection of Freedoms Act 2012, police forces and local authorities must pay due regard to the Surveillance Camera Code of Practice (SC Code) – for other organisations adoption of the 12 principles in the Code is voluntary.

My third-party certification scheme enables organisations to visibly demonstrate they comply with the Code by displaying my certification mark. A list of certified organisations is also displayed on the SCC website and updated quarterly.

Congratulations to all that have received the certification mark in the last quarter.

Details about the scheme are available on the SCC website or you can contact the Commissioner’s team for more information.

Raising standards – Secure by default self-certification scheme

Secure by default: self-certification of video surveillance systems (VSSs).

Self-certification allows manufacturers of surveillance camera devices and components to clearly demonstrate that their products meet minimum requirements to ensure that they are secure by default and secure by design. It will mean that the UK’s resilience against cyber security attacks via VSSs is higher.

The new requirements are an important step forward for manufacturers, installers and users alike in providing the best possible assurance for stakeholders that products aren’t vulnerable to cyber-attacks.

Congratulations to all the organisations who’ve been issued the mark in the last quarter.

A list of organisations is also displayed on the SCC website and updated monthly.

In the news – events, news and publications

News stories and articles

• BBC Panorama: Amazon: What They Know About Us: The BBC’s flagship current affairs programme features the Surveillance Camera Commissioner’s views on Amazon’s Ring doorbells
• Dan Sabbagh, Guardian UK’s defence and security editor has published an article: Lack of guidance leaves public services in limbo on AI, says watchdog

The surveillance camera commissioner, Tony Porter, said he received requests for guidance all the time from public bodies which do not know where the limits lie when it comes to the use of facial, biometric and lip-reading technology.

The problem is that there is insufficient guidance for public bodies to know what is appropriate and what is not, and the public have no idea what is going on because there is no real transparency.

Read the full article.

• Geoff White and Helen Clifton, BBC Radio 4’s File on 4 have published an article: Meadowhall facial recognition scheme troubles watchdog

Tony Porter, the Surveillance Camera Commissioner (SCC) for England and Wales, has now called for government inspections into police use of facial recognition technology.

“I think if the public are going to be reassured, there does need to be a very clear oversight mechanism,” Mr Porter told File on 4.

Read the full article.

Surveillance Camera Commissioner’s blogs

A Farewell – looking back to the future through the camera lens (Part 1). In this blog I reflect on the highs and lows of my 6-year tenure and what the future holds for surveillance camera regulation in the UK.

A farewell - looking back to the future (Part 2). In this blog I focus on the giant strides made by the surveillance camera community in raising standards and good practice.

Regulating law enforcement use of automatic facial recognition

Guest blogs

Blog from Tony Gleason (National Surveillance Camera Strategy strand lead for local authorities) - Developing service level agreements.

Blog from Assistant Chief Constable Jenny Gilmer (National Surveillance Camera Strategy strand lead for policing) - Leading the policy strand of the National Surveillance Camera Strategy.

Blog from Tim Raynor (National Surveillance Camera Strategy strand lead for Installers, Designers and Manufacturers) - Leading the industry strand of the National Surveillance Camera Strategy.

Commissioner’s case studies

This case study looks at YMCA Bournemouth’s Chatterbox Project visit to Bournemouth, Christchurch and Poole Council CCTV control room. Read the case study.

This case study looks at the benefits of the Surveillance Camera Commissioner’s secure by default self-certification. Read the case study.

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