{"id":64648,"date":"2015-11-26T10:09:39","date_gmt":"2015-11-26T10:09:39","guid":{"rendered":"http:\/\/mostafa.openonline.co.uk\/?guid=cbf6811b8b2982d0ff93a9055da1cb62"},"modified":"2015-11-26T10:09:39","modified_gmt":"2015-11-26T10:09:39","slug":"speech-surveillance-camera-commissioners-speech-to-the-anpr-national-user-group-2015","status":"publish","type":"post","link":"https:\/\/mostafa.openonline.co.uk\/?p=64648","title":{"rendered":"Speech: Surveillance Camera Commissioner\u2019s speech to the ANPR national user group 2015"},"content":{"rendered":"<div class=\"govspeak\">\n<p>Throughout my first full year in office I have:<\/p>\n<ul>\n<li>explored ANPRs role in policing <\/li>\n<li>engaged with their senior police leaders and its national user group <\/li>\n<li>encouraged the police to publicise the efficiency and effectiveness of these systems<\/li>\n<li>listened to arguments to extend data retention and provided robust feedback <\/li>\n<li>listened to views expressed by Civil Liberties Groups as to the legality of the camera network and brought to the attention of the Home Office<\/li>\n<li>pressed the police to enumerate the exact numbers of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> cameras operating in England and Wales<\/li>\n<\/ul>\n<p>Association of Chief Police Officers (<abbr title=\"Association of Chief Police Officers\">ACPO<\/abbr>) has now been disestablished \u2013 it is the National Police Chief\u2019s Council (<abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr>) that now oversees the development of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> strategy. New strategy? New structure? <\/p>\n<p>But I am here not to provide a consensual pat on the back to the police. I am here to present 3 challenges!<\/p>\n<p><abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> in UK must surely be one of the largest data gatherers of its citizens in the world. Mining of meta-data \u2013 overlaying against other data bases can be far more intrusive than communication intercept.<br \/>\nDrawing as my previous experience in the police, retiring as a Commander National Coordinator Pursue for the police service throughout the Olympics, I get operating in a benign environment and also consequence management \u2013 policing by consent or as my code refers to surveillance by consent. I think it\u2019s arguably the police service\u2019s greatest priority to get this right<\/p>\n<p>So what organisation has responsibility for <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr>? <\/p>\n<p>The <abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr> is not a legal entity in its own right, but a collaboration between British police forces, who collectively run and fund it under the terms of section 22a of the Police Act 1996. It is hosted by the Metropolitan Police Service.<\/p>\n<p>Given we have legislation progressing through parliament relating to other forms of surveillance \u2013 are you happy that you, the police, have done everything in you power to establish a governance structure that reflects the current public mood? Where do I go to understand the layers of responsibility?<\/p>\n<p>Given that the <a href=\"https:\/\/www.gov.uk\/government\/publications\/surveillance-camera-code-of-practice\">Surveillance Camera Code of Practice<\/a> refers to transparency guiding principle 3 of the code refers to \u2018as much transparency in the use of a surveillance camera system as possible\u2019 \u2013  are you, the police, happy that your consultation and engagement with the public is thorough, robust, informed and informative? I\u2019m not talking about signage \u2013 I\u2019m talking about genuine stakeholder support? Most areas of policing benefit from Independent advisory groups \u2013 where are they in this important policy area?<\/p>\n<p>Given the hugely successful <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> operation are you, the police, happy that it should continue to operate outside of any legislative framework?<\/p>\n<p>Well, hey, it\u2019s after lunch so I thought I may as well wake you up!<\/p>\n<p>For those of you that don\u2019t know, here is a brief summary into my role as Surveillance Camera Commissioner:<\/p>\n<ul>\n<li>it was created under the Protection of Freedoms Act 2012<\/li>\n<li>I was appointed by the Home Secretary but am independent from government<\/li>\n<li>the role covers England and Wales<\/li>\n<li>I\u2019m entrusted to ensure that surveillance camera systems are used to support and protect communities \u2013 not spy on them<\/li>\n<li>amongst other things body worn video (<abbr title=\"Body worn video\">BWV<\/abbr>), CCTV, Drones and <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is specifically highlighted as falling within the surveillance systems captured within act.<\/li>\n<\/ul>\n<p>My role is threefold, to:<\/p>\n<ul>\n<li>encourage compliance with the code<\/li>\n<li>review the operation of the code<\/li>\n<li>advise on any amendments to how the code should develop <\/li>\n<\/ul>\n<p>My powers:<\/p>\n<ul>\n<li>no powers of enforcement, sanction \u2013 just to advise<\/li>\n<li>submit annual report to parliament<\/li>\n<li>soft powers \u2013 engaged with forces to publicise Privacy Impact Assessments (<abbr title=\"Privacy Impact Assessments\">PIA<\/abbr>\u2019s) re <abbr title=\"Body worn video\">BWV<\/abbr> and complete Self Assessment Tool (<abbr title=\"Self Assessment Tool\">SAT<\/abbr>) \u2013 engage with local authorities around compliance \u2013 similar to HMIC and Office of Surveillance Commissioners \u2013 through persuasion, argument and support. I guess the ultimate weapon is the power of embarrassment but that is the nuclear option in the face of recalcitrant relevant authorities<\/li>\n<li>engage with president of parking tribunal to ensure local authorities comply with code<\/li>\n<li>engage other regulators Office of Surveillance Commissioners (OSC) and Information Commissioner\u2019s Office (<abbr title=\"Information Commissioner\u2019s Office\">ICO<\/abbr>) to mutually support where our missions cross and also a developing engagement with HMIC<\/li>\n<\/ul>\n<p>Me:<\/p>\n<ul>\n<li>retired as Assistant Chief Constable\/Commander Counter Terrorism at the 2012 Olympics<\/li>\n<li>recognise value of a benign operating background<\/li>\n<li>hugely supportive of systems that protect us but well run systems with good governance<\/li>\n<li>it has been said by a Guardian journalist that putting an ex CT Commander in charge of this agenda is \u2018like putting dracula in charge of a blood bank \u2018<\/li>\n<li>I have said \u201cfully support good surveillance and fully support the idea of consigning bad surveillance to the waste pile\u2019\u2019<\/li>\n<\/ul>\n<h3 id=\"catalyst\">Catalyst<\/h3>\n<p>The incident which was probably a contributing factor to the creation of my role was project champion \u2013 most of you may have heard about this. A \u2018ring of steel\u2019 erected in a predominantly muslim area of the Birmingham to monitor a terrorist threat. There was no consultation with the local community who were outraged to discover they were all being monitored as potential terrorists. The system of around 200 cameras was never switched on and it cost around \u00a33 million and severely damaged the community\u2019s relationship with the police.<\/p>\n<p>It feels like we are a long way from there but in a world where resources are stretched and threats are real and action is necessary, you should still be mindful of your responsibilities to the communities that you serve.  <\/p>\n<h3 id=\"the-code--what-is-that\">The code \u2013 what is that?<\/h3>\n<p>The <a href=\"https:\/\/www.gov.uk\/government\/publications\/surveillance-camera-code-of-practice\">Surveillance Camera Code of Practice<\/a> contains 12 guiding principles, which if followed will mean cameras are only ever used proportionately, transparently and effectively.<\/p>\n<p>The code also covers your obligations as data controller under the provisions of the Data Protection Act.  And as relevant authorities under the Protection of Freedoms Act, you must show the code due regard.<\/p>\n<p>I have recently released a certification mark \u2013 a third party certification system that is being taken up by local authorities \u2013 my ambition is to achieve 100% success rate. I will also be looking as to how this same approach can cross transfer to police. There are also visible signs of take up from non relevant authorities \u2013 universities, banks, transport authorities and so on<\/p>\n<h3 id=\"anpr-use-in-the-uk\">\n<abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> use in the UK<\/h3>\n<p>Example of news re <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr>:<\/p>\n<ul>\n<li>a transparency market research report states the global <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> market is estimated to rise from US $415.5 million in 2013 to US $1.023 million by 2020 UK market being the biggest in Europe<\/li>\n<li>concern over transfer of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> between TfL and Metropolitan Police (TfL storing data for 28 days and Met for 2 years) and more if extensions are granted<\/li>\n<li>staff police release \u2018Cars behind Bars\u2019 figures -engaging with public around efficiency\/effectiveness of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> \u2013 seized 3500 vehicles<\/li>\n<li>Dorset release information about a new network \u2013 general locations of the network and what they will achieve<\/li>\n<\/ul>\n<h3 id=\"legislative-framework\">Legislative framework<\/h3>\n<p>There was an important issue covered in last year\u2019s speech that I think it is topical to revisit. It covers the legality of use. There is an argument that goes something like this: article 8 refers to the qualified privilege regarding interference into a person\u2019s privacy by lawful use. Because there is no law that enables <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr>, does that make the use unlawful?  <\/p>\n<p>I am delighted the <abbr title=\"Information Commissioner\u2019s Office\">ICO<\/abbr> is also now offering to support the police in relation to this issue if required. Now I have been liaising with the Home Office on this particular point. They inform me that <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is just another tool in the policing toolkit and so does not require a statutory authority. So, as long as National <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> Standards and Procedures (<abbr title=\"National ANPR Standards and Procedures\">NASP<\/abbr>) offers sufficient safeguards to protect against the article 8 right against intrusion into privacy, then any legal challenge is set to fail. Or is it? <\/p>\n<p>The challenge may be more successful if it comes from a perspective of retention. Is it necessary or proportionate to retain the data of innocent citizens for the current retention period of 2 years, if at all?  Any work being taken forward to extend the retention period of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> data, should be mindful of this point.<\/p>\n<p>An associated point concerns data mining. I have been challenged by an academic as to whether data mining of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is directed surveillance and thus requires a RIPA authorisation.  <\/p>\n<p>I have been liaising with the Office of Surveillance Commissioners. They have quoted their views in their 2014 guidance \u2013 in summary, \u201c if there is a systematic trawl through recorded data (sometimes referred to as \u201cdata-mining\u201d) of the movements or details of a particular individual with a view to establishing, for example, a lifestyle pattern or relationships, it is processing personal data and therefore capable of being directed surveillance\u201d<\/p>\n<p>The flipside is \u201cThe checking of CCTV cameras or databases simply to establish events leading to an incident or crime is not usually directed surveillance\u201d.<\/p>\n<p>The reason why I raise this is to raise awareness of this particular issue. You will note the vagaries in the language \u2013 but you should not ignore the steer that general use of surveillance to identify what happened is part of wider policing. Once you start using it to delve deeper into an individual, you might need a RIPA authorisation.  <\/p>\n<p>The regulatory landscape can be confusing and it is important that you receive the right knowledge and training in order to fulfill your duties to your citizens.  <\/p>\n<h3 id=\"governance\">Governance<\/h3>\n<p>I have specified some concerns about transparency of a governance framework \u2013  how are decisions made, how are stakeholders involved -this will be my mantra through 2016.<\/p>\n<p>The history of development of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is complex \u2013 it grew from an ad-hoc amalgamation of policing initiatives \u2013 largely unregulated and lacking any clear vision about future direction.<\/p>\n<p>Responsibility shifting from <abbr title=\"Association of Chief Police Officers\">ACPO<\/abbr> and National Police Improvement Agency (<abbr title=\"National Police Improvement Agency\">NPIA<\/abbr>) to National Police Chiefs\u2019 Council (<abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr>) supported by a Home Office Support Team. <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> Working Groups were key in developing standards and informed the Surveillance Camera Code of Practice. Co-ordinated 43 police forces and acts as the hub for a host of law enforcement agencies and end users (<abbr title=\"Driver and Vehicle Licensing Agency\">DVLA<\/abbr> etc). The policy is held by an <abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr> lead \u2013 Paul Kennedy \u2013 with support from a National User Group) do the public understand this? Is it fit for purpose?<\/p>\n<p>Is there scope to draft out the decision making and functionality of this very important area of law enforcement? Argument about necessity and proportionality \u2013 underpinned by evidence of civil commentators supporting the approach!<\/p>\n<p>I have been forwarded correspondence from an \u2018interested observer who, despite repeated requests was compelled to submit an FOI request asking \u2018for records about the governance of the <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> system\u2019<br \/>\neffectively he wanted; structure of governance committees, membership and papers.<\/p>\n<p>The response from <abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr> was &#8211; \u201cthere is no record which details the structures and governance of the <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> system\u201d.<\/p>\n<p>Journalists get really annoyed that they can\u2019t access simple data \u2013 I think this approach is changing under Paul\u2019s leadership but there is much to do to deliver true, meaning full transparency<\/p>\n<p>My correspondent says and I quote:<\/p>\n<p>\u201c<abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> could be one of the worlds largest non military surveillance systems  and probably contains more data about people than the NHS. Governance of such a system is central to its safe operation. Governance should be broadly based, expert, involving lay votives with clear lines of accountability and where possible takes place in public\u201d<\/p>\n<p>I have difficulty arguing with any of that. Overlay this uber system with a desire to increase its retention from 2 years to 7 or 10 and my correspondents arguing comes into even sharper focus.<\/p>\n<p>I also want to touch on collaboration. There are 2 drivers \u2013 austerity and effectiveness. There are currently <abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr> leads in CCTV, body worn video, drones and <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr>. My question and challenge to you is: would closer working between each strand of surveillance, lead to better outcomes?  <\/p>\n<p>More often than not systems are used in the same areas independently of each other, covering the same space, using different networks or fibre and for the same purpose. So, if we\u2019re all doing the same or similar things why aren\u2019t we doing it together? Why aren\u2019t we streamlining, collaborating and learning from one another? <\/p>\n<p>Whilst most of the collaboration I\u2019ve seen is within a region, there is a real opportunity for <abbr title=\"National Police Chiefs\u2019 Council\">NPCC<\/abbr> leads to make a difference across different types of surveillance. Particularly as modern technology links across the disciplines automatic facial recognition and <abbr title=\"Body worn video\">BWV<\/abbr> and so on.<\/p>\n<h3 id=\"her-majestys-inspectorate-of-constabulary-hmic\">Her Majesty\u2019s Inspectorate of Constabulary (HMIC)<\/h3>\n<p>I would also like to mention an exciting development from my point of view. You will all be familiar with HMIC and the peel inspection regime. I have been having conversations with them about including the police use of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> within their legitimacy strand. There is more work to be done but it will be exciting to have the tooth of the inspectorate look at the use of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> surveillance systems and ensure the processing of personal data is in line with the code.  <\/p>\n<p>Finally, a reminder on the key issues in relation to the code \u2013 proportionate, transparent and effective use.<\/p>\n<p>Proportionate \u2013 have you established a legitimate need for your camera system? Do you undertake an annual review to establish that your camera system meets its stated purpose? Do you know that it meets its stated objective?<\/p>\n<p>Transparent \u2013 how much do the public know about the outcomes delivered by your use of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr>? Do you publish the use of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> by crime types in concluded cases?<\/p>\n<p>Effective \u2013 are you confident that your system is working as intended? Are your cameras of the required standard? What about your maintenance arrangements? Are your installers versed in managing the mobile arrangements? Are your operators trained and aware of the systems and processes?<\/p>\n<p>One question that has been posed to me is do the general public really understand what <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is?  When body worn video was introduced in Hampshire, they launched a public awareness campaign that informed members of the public of their use of the cameras.  <\/p>\n<p>Whilst <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> is not a new technology, the way policing uses it has changed.  What are you doing\/have you done to make people aware of how it is used? I accept that you don\u2019t want to give away the information that helps you to capture criminal gangs to the criminals, but that is not an excuse for doing nothing.   <\/p>\n<p>A last word from me \u2013 before I overstay my welcome. I still believe that the public must be informed of as much information as possible if trust is to be maintained. For example, why can\u2019t you let the public know how many <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> cameras there are? It is already public information but it is not readily accessible and should be. <\/p>\n<p>I look forward to working with you to ensure that police use of <abbr title=\"Automatic number plate recognition\">ANPR<\/abbr> continues to be proportionate, effective and transparent.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>The commissioner&#8217;s speech to the automatic number plate recognition (ANPR) national user group, in York.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"_links":{"self":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/64648"}],"collection":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=64648"}],"version-history":[{"count":0,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=\/wp\/v2\/posts\/64648\/revisions"}],"wp:attachment":[{"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64648"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64648"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mostafa.openonline.co.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64648"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}