Marino Counselling and Psychotherapy CCTV Policy

Introduction

CCTV cameras are in operation in Marino Counselling and Psychotherapy for the
protection of our clients and team members. The purpose of this policy is to regulate
the use of Closed Circuit Television (CCTV) and its associated technology when
monitoring the internal environment of the premises. A copy of this CCTV Policy will
be made available on the Marino Counselling and Psychotherapy Clinic website,
provided to all Marino Counselling and Psychotherapy Clinic staff and a copy will be
provided to visitors / clients on request.

Scope

This policy applies to all personnel in and visitors to Marino Counselling and
Psychotherapy, 21 Fairview, Dublin 3. Moreover, it relates directly to the location and
use of CCTV, and the monitoring, recording, and subsequent use of such recorded
material. This policy prohibits CCTV monitoring based on the characteristics and
classifications contained in equality and other related legislation e.g. race, gender,
sexual orientation, national origin, disability, etc. Furthermore, CCTV monitoring is
limited to uses that do not violate the reasonable expectation to privacy as defined
by law. The CCTV cameras will be used to: protect Marino Counselling and
Psychotherapy’s building and assets, both during and outside of operational hours
(the system will be in operation 24 hours a day, every day); promote the health and
safety of personnel and visitors; support the Gardaí in a bid to deter and detect
crime; and assist identifying, apprehending and prosecuting offenders. The personal
data recorded and stored by the CCTV system will be used only for the purposes
outlined in this policy document. Collection, storage, and use of CCTV footage shall
be in compliance with Data Protection legislation.

Data Controller: The data controller in respect of images recorded and stored by the
CCTV system at Marino Counselling and Psychotherapy’s premises. The data
processor is Alan Oates, Director of Marino Counselling. The Director or appropriate
nominee(s) is responsible for monitoring the implementation and compliance of the
CCTV policy within Marino Counselling and Psychotherapy.

Fair Obtaining: The fair obtaining principles inherent in the Data Protection Acts
1988 and 2003 require that those people whose images may be captured on camera
are so informed. Accordingly, Marino Counselling and Psychotherapy’s Data
Protection Officer will provide a copy of this CCTV Policy to staff and on request to
visitors / clients to Marino Counselling and Psychotherapy. Adequate signage will be
placed at each location in which CCTV cameras are situated to indicate that CCTV is
in operation (including the corridors of Marino Counselling and Psychotherapy
building as well as the kitchen area).

The name and contact details of the data controller as well as the specific purpose
for which the CCTV camera is in place in each location can be provided upon
request.

Location of Cameras: The CCTV network for Marino Counselling and
Psychotherapy extends to the following areas:
-All Corridors
-Directed towards the entrance to rooms 1 to 10
-The kitchen area.
There are 3 cameras in total with the objective of protecting the safety and wellbeing
of the Marino Counselling and Psychotherapy team and our clients.

Operation of the System: The recording system is a digital system that records
video data. The system can only be accessed by the Director of Marino Counselling
and Psychotherapy or an appropriate nominee(s).

Data Protection, Storage, and Retention: The data captured from the CCTV
cameras is securely stored as electronic data in a designated area within the centre.
Typically, this data is recorded on a loop and will be retained for 7 days until it is
overwritten on the hard drive. However, data may be retained for longer periods if, in
the opinion of Marino Counselling and Psychotherapy, the events captured may give
rise to court proceedings. Unauthorised access to the CCTV data is not permitted at
any time. Access to the data is restricted to authorised personnel. There is no
access to the CCTV data other than with authorised personnel. The storage devices
are password protected. Supervising the access and maintenance of the CCTV
system is the responsibility of the Director or appropriate nominee(s). Unauthorised
access will be viewed as a data breach. In such an event, Marino Counselling and
Psychotherapy’s Data Breach Management Policy and Procedure must be followed.

Access Requests: Access to the CCTV system will be restricted to authorised
personnel only. In relevant circumstances, CCTV footage may be accessed by An
Garda Síochána where Marino Counselling and Psychotherapy Clinic are required
by law. Access requests can be made in writing to Alan Oates (Director), Marino
Counselling and Psychotherapy, 21 Fairview, Dublin 3, or by emailing
info@marinocounselling.ie.

Providing CCTV Images to An Garda Síochána: With regard to requests from An
Garda Síochána to download footage, the footage will only be released to An Garda
Síochána and, if requested, by a Judge in a Court of Irish Law. The Data Protection
Commissioner recommends that requests for copies of CCTV footage should only be
granted when a formal written request is provided to Marino Counselling and
Psychotherapy stating that An Garda Síochána is investigating a criminal matter. For
practical purposes, and to expedite a request speedily in urgent situations, a verbal
request may be sufficient to allow for the release of the footage sought. However,
any such verbal request must be followed up with a formal written request. It is up to
Marino Counselling and Psychotherapy to be satisfied that there is a genuine
investigation underway. For practical purposes, a phone call to the requesting An

Garda Síochána station may be sufficient, provided that one speaks to a member in
the District Office, the station sergeant or a higher-ranking officer, as all may be
assumed to be acting with the authority of a District/Divisional officer in confirming
that an investigation is authorised. A log of all An Garda Síochána requests will be
maintained by Marino Counselling and Psychotherapy. Any such requests should be
on An Garda Síochána headed paper, quote the details of the CCTV footage
required and should also cite the legal basis for the request (i.e. Section 8(b) of the
Acts). Prior to Marino Counselling and Psychotherapy issuing any CCTV images to
An Garda Síochána, it will be discussed and agreed with the responsible Marino
Counselling and Psychotherapy staff member. There is a distinction between a
request by An Garda Síochána to view CCTV footage and to download copies of
CCTV footage. In general, An Garda Síochána making a request to simply view
footage on the premises of a data controller or processor would not raise any
specific concerns from a data protection perspective.

Review and Approval of the CCTV Policy: This policy will be reviewed and
updated regularly to take into account changing Data Protection legislation or
guidelines from the Data Protection Commissioner, An Garda Síochána, and
relevant bodies.

Revision Date:
Description:
Approved by:
A copy will be made available at reception for visitors.

Appendix

Glossary of Terms

CCTV – Closed-circuit television is the use of video cameras to transmit a signal to a
specific place on a limited set of monitors. The images may then be recorded on
video tape or DVD or other digital recording mechanism.

The Data Protection Acts – The Data Protection Acts 1988 and 2003 and any
future amendments that confer rights on individuals as well as responsibilities on
those persons handling, processing, managing and controlling personal data. All
staff must comply with the provisions of the Data Protection Acts when collecting and
storing personal information. This applies to personal information relating both to
employees of the organisation and individuals who interact with the organisation.

Data – Information in a form that can be processed. It includes automated or
electronic data (any information on computer or information recorded with the
intention of putting it on computer) and manual data (information that is recorded as
part of a relevant filing system or with the intention that it should form part of a
relevant filing system).

Personal Data – Data relating to a living individual who is or can be identified either
from the data or from the data in conjunction with other information that is in, or is
likely to come into, the possession of the data controller.

Access Request – this is where a person makes a request to the organisation for
the disclosure of their personal data under Section 3 and/or section 4 of the Data
Protection Acts.

Data Processing – Performing any operation or set of operations on data, including:
-Obtaining, recording or keeping the data
-Collecting, organising, storing, altering or adapting the data
-Retrieving, consulting or using the data
-Disclosing the data by transmitting, disseminating or otherwise making it available
-Aligning, combining, blocking, erasing or destroying the data.

Data Subject – an individual who is the subject of personal data.

Data Controller – a person who (either alone or with appropriate nominee(s)
controls the contents and use of personal data.

Data Processor – a person who processes personal information on behalf of a data
controller but does not include an employee of a data controller who processes such
data in the course of their employment, for example, this might mean an employee of
an organisation to which the data controller out-sources work. The Data Protection
Acts place responsibilities on such entities in relation to their processing of the data.

Review Date – 23/07/2024

Signed:

Date: 22/07/2024