Automatic Number Plate Recognition System (ANPR)

Transcription

1 Automatic Number Plate Recognition System (ANPR) Reference No. SA:010 Implementation Date 23/03/2018 Version Date 23/03/2018 Version Number 1.0 Freedom of Information Act Open Government Security Classifications OFFICIAL Open

2 Table of Contents 1. Policy Section 1.1 Vision of the Strategic Alliance 1.2 Statement of Intent Aim and Rationale 1.3 National Decision Model 1.4 Code of Ethics 1.5 Authorised Professional Practice 2. Standards 2.1 Accountability 2.2 Assessment Compliance 2.3 Monitoring 2.4 Feedback 3. Procedure Section 3.1 Director of Intelligence 3.2 Response 3.3 Criteria 3.4 Camera Locations 3.5 Authority Procedures 3.6 Data Protection 3.7 Information Exchange Protocols 4. Consultation and Authorisation 4.1 Consultation 4.2 Authorisation of this Version 5. Version Control 5.1 Review 5.2 Version History 5.3 Document History 2

3 1 Policy Section 1.1 Vision of the Strategic Alliance Working together as it can offer the best opportunity to: Develop service delivery to the public Ensure delivery against the Police and Crime Commissioners (PCCs ) Police and Crime Plans Retain a local policing identity Ensure resilience around our Strategic Policing Requirement Maximise value for money Maximise opportunities for the ongoing personal/professional development of our staff This approach also satisfies the set critical success factors as follows: Both forces mitigate/manage their greatest threat, harm and risks Both forces achieve their medium term financial strategies The strategic policing requirement continues to be met with reducing resources A transformational approach to service delivery Both forces adapt and respond to change in an agile/positive way Opportunities to invest in new capabilities to meet emerging threats and technology 1.2 Statement of Intent Aim and Rationale It is the policy of this Force to support the aims of the National Police Chiefs Council (NPCC) ANPR strategy to Target Criminals through their Use of the Roads The development and use of ANPR within the Alliance will be in accordance with the requirements of the National ANPR Standards for Policing (NASP) This policy applies to all Alliance ANPR systems The College of Policing offers an online service that provides access to a consolidated body of guidance for policing called Authorised Professional Practice (APP). APP enables officers and staff to access, or search for, the most up-to-date approved guidance, which replaces a number of previously published National Policing Improvement Agency (NPIA) and Association of Chief Police Officers (ACPO) documents More information on ANPR can be found on APP via the following pathways: APP > Road Policing > Disrupting criminality APP > Investigation > Investigative strategies > ANPR 1.3 National Decision Model The National Decision Model (NDM) is the primary decision-making model used in both Dorset Police and Devon and Cornwall Police. Where applied it ensures that ethical (see Code of Ethics), proportionate and defensible decisions can be made in relation to 3

4 operational and non-operational policing. The latest guidance can be found via this APP link. 1.4 Code of Ethics The Code of Ethics underpins every policy, procedure, decision and action in policing today and staff are reminded of the need to comply with the standards and principles of the Code of Ethics for policing. 1.5 Authorised Professional Practice The College of Policing offers an online service that provides access to a consolidated body of guidance for policing called Authorised Professional Practice (APP). This enables officers and staff to access and search for the most up to date approved guidance, replacing a number of previously published NPIA and ACPO documents. APP guidance on Armed Policing should be accessed in conjunction with this policy. 2 Standards 2.1 Accountability Assistant Chief Constable (ACC) Local Policing & Connectivity has overall responsibility within the Force for the provision of ANPR. This responsibility includes ensuring that staff are appropriately trained according to their needs, and of monitoring the system to ensure that it complies with NASP standards and that it is consistent with the forces strategic and tactical requirements as identified within the National Intelligence Model (NIM) These responsibilities are delegated to the Commander of the Alliance Operations Department, who will ensure compliance with national guidance, in addition to ensuring that the Alliance is in a position to respond to regional and Forcewide obligations While Commander Alliance Operations Department retains ownership of ANPR, accountability for compliance with this policy within LPAs rests with the respective Local Policing Area (LPA) commander who will ensure that the use of ANPR is embedded into LPA strategic and tactical processes. 2.2 Assessment Compliance This document has been drafted and audited to comply with the principles of the Human Rights Act. Internal and external Equality and diversity issues have also been considered to ensure compliance with Equality legislation and policies. In addition Data Protection, Freedom of Information, Management of Police Information and Health and Safety issues have been considered. Adherence to this document will therefore ensure compliance with all relevant legislation and internal policies. 2.3 Monitoring This working practice will be monitored by the Alliance Operations Department. 4

5 2.4 Feedback Feedback relating to this policy can be made in writing or by to: Force Policy and Procedures 3 Procedure Section 3.1 Director of Intelligence The Director of Intelligence will ensure that: the Force / Alliance has sufficient analyst and researcher capability to make the most effective use of ANPR information captured by Alliance cameras and the National ANPR Data Centre (NADC). investigative and intelligence staff are fully aware of the capability of ANPR and that they are able to achieve optimum benefit from ANPR capability and data in investigations and in support of intelligence led policing. 3.2 Response The Alarm Stack within Dorset will be monitored 24/7 by the FIB24 desk staff, and in Devon and Cornwall by the Call Management and Communications Unit (CMCU). They will prioritise from the following hotlists : Police National Computer (PNC) Action Markers 50 Devon and Cornwall PNC Lost/Stolen Markers 55 Dorset OTA (Operational Tasking) For further guidance, please refer to FIB24 / CMCU working practices If one of the above markers triggers the alarm stack the operator will allocate the appropriate resource. 3.3 Criteria Tasking of ANPR resources must be via the Force tasking process (NIM) The use of the Alliance ANPR system can only be undertaken by those that are authorised and have been suitably trained in the use of the system, and once the requisite authority has been obtained. The use of the force ANPR system without such authorisation is contrary to Force policy and may render any evidence obtained as inadmissible in future judicial procedures. 5

6 3.3.3 In order for such authority to be granted the deployment of the system must be for one of the following prioritised reasons: a) In support of a National Counter Terrorist operation or initiative b) In support of a local Counter Terrorist operation or initiative c) In support of the investigation of serious crime d) In support of a serious crime/roads policing initiative e) Prevention and detection of crime f) Gathering of evidence and intelligence Officers requiring deployments for more minor offences (e.g. persistent disqualified driving) should present authorising officers with a constructive plan for such a deployment prior to authorisation or consider passing allocation across to the No Excuse Team where appropriate Where there is a conflicting bid for the ANPR equipment or a more urgent requirement becomes apparent once deployment has taken place on another operation, then the Director of Intelligence will be the arbiter as to priorities or redeployment of the equipment based upon the Force Control Strategy Deployment in support of a major investigation will take precedence over established requests due to the immediacy of the demand Officers seeking deployment should explain the resource implications of the operation they are to conduct and authorising officers are to ensure that sufficient resources are available prior to authorising such operations. 3.4 Camera Locations The locations of fixed ANPR cameras are not to be made known in the public domain. This is to ensure that policing purposes are not compromised. Any queries regarding this are to be referred to the Alliance ANPR Manager In order to safeguard the national ANPR infrastructure, with the exception of data obtained from a Mobile ANPR system as defined by Para 8.5 NASP Part 2, the precise location for an ANPR read obtained will not be disclosed during an investigation, nor included in evidence unless the data controller with responsibility for the camera that recorded the data has been consulted and provided written consent for that disclosure or for evidence to be provided. The following principles apply: a) Evidence of an ANPR read will only be included where it is of specific relevance. b) Mapping or otherwise disclosing the precise location of the camera that recorded an ANPR read is not be permitted during any stage of an investigative or prosecution process, unless specifically authorised by the data controller for the force with responsibility for the camera that recorded that data, c) The location of a read will be described in the following decreasing order of preference: The general area of the location (e.g. Town, District, Metropolitan Borough) The postcode (following consultation with the data controller with responsibility for the Number plate Reading Device (NRD) that recorded the data, in circumstances where this will identify the precise location of the NRD) 6

7 The name of the road (following consultation with the data controller with responsibility for the NRD that recorded the data, in circumstances where this will identify the precise location of the NRD) The precise location (following consultation with the data controller with responsibility for the NRD that recorded the data) 3.5 Authority Procedures The Regulation of Investigatory Powers Act 2000 (RIPA) provides the legal framework for the authorisation to conduct operations involving Intrusive or Directed Surveillance If the deployment of ANPR is overt then RIPA will not apply. This applies to the majority of ANPR deployments as the use of ANPR does not result in the obtaining of private information. Registration plate detail is not in itself private information and is a deliberately overtly displayed marker, which can be seen, and is intended to be seen. Every person who drives a car accepts that they are likely to be capable of being linked to a particular vehicle by reference its registration plate in the context of other data, and that ANPR technology on the roads allows the Police to determine the presence of a vehicle at a location Road users have no reasonable expectation of privacy in relation to ANPR being able to determine their presence on the road, and at locations where no expectation of privacy can arise then surveillance at that location is not covert and no Directed Surveillance Authority (DSA) will be required for the deployment of ANPR Covert deployments against named targets may require a DSA. ANPR is unlikely to constitute intrusive surveillance unless the programme routinely captures the faces of front seat occupants The following scenarios provide examples of the appropriate use of ANPR in respect of RIPA. Scenario 1 Acting on intelligence that a known drug dealer will be travelling a particular route at a specified time. An ANPR vehicle is deployed at the roadside and the database is loaded with details of the vehicle, and any other vehicles that the suspected drug dealer has access to. If the intention is to stop the vehicle then no DSA is required. If the intention is to provide data on a target vehicle from the ANPR system in real time by means of a Hotlist, then that is capable of being considered as a covert intelligence gathering activity and may require a DSA. Scenario 2 Where an ANPR vehicle is deployed at the roadside for the purpose of general crime and databases on the ANPR vehicle include PNC and DVLA, no authority under RIPA is required because this would be an overt operation. Scenario 3 7

8 ANPR is deployed for the purpose of policing general crime, and during this time an armed robbery takes place in the area. Details of the vehicle that the offender was seen to be using during the commission of the robbery are put on ANPR database. If the original operation was covert and a judgement had been reached that personal information might be obtained, a directed surveillance authorisation would have already been in existence. If an authorisation had not previously been obtained, a directed surveillance authority may be necessary. Scenario 4 Where ANPR is deployed as in scenario 3, but the details put into the database are those of a vehicle used by a known criminal with a similar modus operandi (MO) as that used in the robbery, an authority should be considered. A verbal authority in the first instance may be appropriate. However the likelihood would be that details of the vehicle may already be loaded onto the ANPR databases prior to the deployment, in which case no authority is required The examining of historical recorded ANPR data does not amount to surveillance and a DSA is not required for this The circulation of a vehicle linked to a sexual or violent offender on PNC as a PNC ACTion report (ACT) with the intention that action of some kind is required, dependent upon the circumstances that the vehicle comes to notice is not directed surveillance and no authority is required Research and monitoring of ANPR, including the use of a hotlist, in support of the management of sexual offenders and violent offenders is not inherently different from that process for other offenders. Private information is not generally likely to be obtained by ANPR and a DSA is therefore not required for that activity but, the offender should be told that their movements will be monitored which will include the monitoring of the movements of any vehicle used by them Where such an authorisation is given technical equipment may be used under that same authority. Where ANPR is to be deployed in such operations no additional authority will therefore be required other than that given to conduct the surveillance. All Force procedures must be adhered to when making application for such authorities under RIPA Guidance is available in Devon and Cornwall Force Policy D124 - Surveillance In cases where the use of ANPR is to be routinely deployed other than for intrusive/directed surveillance, there is no legal requirement for such authorisation. Deployment of the equipment must still, however, minimise the risk of compromise and the potential for collateral intrusion. 8

9 3.6 Data Protection All information obtained by the use of ANPR is classed as personal data and therefore subject to the Data Protection Act 1998 and the Human Rights Act 1998 ANPR data is police information within the meaning of The Code of Practice on the Management of Police Information 2005 (MoPI) made under the Police Act 1996 and Police Act 1997, and may be shared between Law Enforcement Agencies (LEAs) in accordance with the provisions of that Code or any other document which applies similar standards in its place including the National Crime Agency s (NCA) Statement of Information Management Practice (SIMP) Retention of data will also be carried out in accordance further to the Code and guidance for MoPI. Please refer to APP > Information management > Management of police information, and NASP V Access to and the retention and management of ANPR data obtained by LEAs must be compatible and consistent with obligations that arise under: i. The Data Protection Act 1998 (DPA) and, as and to the extent to which they apply, with the data protection principles contained within Part 1 of Schedule 1 to the Act; ii. The Human Rights Act 1998, and in particular Article 8 of the European Convention on Human Rights, namely the right to respect for family and private life; iii. The Surveillance Camera Code of Practice issued under provisions of the Protection of Freedoms Act 2012 (PFA); iv. Conducting privacy impact assessments code of practice Information Commissioner 2014; v. Criminal Procedure and Investigations Act 1996 and Code of Practice issued under Part II of that Act (CPIA); vi. College of Policing Approved Professional Practice Information Management. (MOPI) Where downloaded extracts from the PNC or any other collection of data are to be used as part of a specific operation the extract file must be appropriate (i.e. adequate, relevant and not excessive) to the purpose of this operation When ANPR is used to trigger other activities i.e. officers to stop the vehicle, the operator must confirm whenever practicable, the reading from a visual image of the Vehicle Registration Mark (VRM) prior to such activity In line with national policy, ANPR in data either in force or at the national database (NADC / NAS), will only retain data for up to one year from the 1 April Reads Text Data Plate patch image Overview image Hits Text Data Plate patch image Overview image As per NASP 1 Year 1 Year 1 Year As per NASP 1 Year 1 Year 1 Year 9

10 (A hit being a read against a set database (hotlist)) General authorised user access is given for data up to 90 days old, from 91 days to one year access is restricted to specific types of crime and requires authorisation. Full details are contained within NASP V3 and guidance can be obtained from Alliance ANPR Support Staff Details of specific retention periods which relate to crime intelligence data, major incident records and national security deployments may be obtained from the Alliance Data Protection Office All subject access requested from individuals for copies of ANPR data will be referred to the Alliance ANPR Manager All information obtained by the use of ANPR will be held securely and treated as confidential. ANPR data is not to be disclosed to any third party, including staff from an organisation that is not shown as an Approved LEA in NASP, or the data subject, except through or with the express written authority of the data controller with responsibility for the camera that recorded that data. Requests for disclosure to a third party must be compatible with the policing purpose and must be considered on a case by case basis with referral to the Alliance Data Protection Officer and Alliance ANPR Manager for consideration No data shall be transferred outside the European Economic area without referral to the NPCC Data Protection Working Group Data transferred on USB memory sticks is sensitive and must be treated as such. Only Force authorised USB memory devices are to be used. Any loss of such a USB must be immediately reported to a supervisor. Further guidance can be obtained from Devon and Cornwall working practice DF96 - USB Memory Devices Use in relation to ANPR and Digital Video Recording 3.7 Information Exchange Protocols Due to the nature of ANPR, it is necessary to utilise information from various other external organisations to compile the data bases that are downloaded onto the ANPR system. The Exchange of Information Protocols currently in place are as follows: Forces and organisations listed as Approved Law Enforcement Agencies (LEAs) within NASP V3 which provides the standards required for ANPR data access, and guidance for access to data held within the National ANPR Infrastructure Partnership data is held by the Alliance ANPR Manager. Memorandums of understanding exist with some partners. These are to be contacted if there is a need for further information. i) Department Work and Pensions (DWP) Exchange of Information - D292. ii) Ministry of Defence Police Concordat DW82 iii) Cornwall Council ANPR Camera DATA sharing. (Devon and Cornwall only) 10

11 4 Consultation and Authorisation 4.1 Consultation Version No: 1.0 Name Signature Date Police & Crime Commissioner Police Federation Superintendents Association GMB / UNISON / Unite Other Relevant Partners (if applicable) Dorset (Alliance) ANPR 15/12/17 Devon and Cornwall (Alliance) Roads Policing 05/01/ Authorisation of this Version Version No: 1.0 Name Signature Date Prepared: Operational Policy Officer 15/12/17 Authorised: Approved: Ch/Supt, Head of Alliance Operations Dept. Ch/Insp, Head of Alliance Roads Policing 22/01/18 05/01/18 5 Version Control 5.1 Review Date of next scheduled review Date: 22/03/ Version History Version Date Reason for Change Created / Amended by /03/2018 Initial Document Operational Policy Officer 11

12 5.3 Document History Present Portfolio Holder ACC Local Policing & Connectivity Present Document Owner Alliance Operations Department Present Owning Department Alliance Operations Department Details only required for version 1.0 and any major amendment i.e. 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving: 12