MONITORING AND SURVEILLANCE POLICY

(in compliance with the Protection of Personal Information Act 4 of 2013)

 

1.                  INTRODUCTION

Community Tech Advancement Pty Ltd (“CTA”) will install, monitor and operate a fully operational independent network of surveillance cameras (“CCTV”) 24/7, with feeds received from strategically positioned cameras, to record the public street area, the areas surrounding complexes, commercial and residential areas, and so on, with the objective to improve the communication to all responders. Real-time footage is backed by advanced analytics and artificial intelligence via the databases to identify and flag wanted vehicles identified by their registration plates, which is recorded and stored for a period of time, and only provided to approved companies who have been vetted through the necessary channels.

2.                  OPERATION AND PURPOSE OF THE CCTV SURVEILLANCE NETWORK

The fixed CCTV cameras will be visibly placed in positions to record activity in public areas, and carefully positioned at angles for the most accurate recording, but will not be angled or set in any direction that infringes on private property. These cameras will be programmed to record the date and time as well as include the camera’s specific location.

 

The CCTV system will detect, deter and prevent crime to increase the safety of the community as a whole. The CCTV will further utilise analytics and AI to photograph/record and analyse the following to create an alert to the control room:

  • vehicle details, where it will capture an image and extract specific details such as the vehicle registration plates;
  • individuals’ details, where it will capture their images for a possible database match;
  • identify registration plates flagged on the system, wanted or suspicious vehicles.

 

The data recorded will only be viewed by, and made available to certain authorised members, when in the best interest of public safety, and within the restrictions imposed by the Act.

 

The CCTV will also assist law enforcement, private security companies and any other relevant role players in the apprehension and prosecution of offenders, to identify the offenders and assist SAPS and other role players investigating further, assist in the maintenance of public order and reduction of vandalism, theft, and the promotion of safety, protection and well being of the general public.

3.                  INFORMATION FOR THE COMMUNITY

CTA will liaise with the community within the areas where they will be installing and operating CCTV systems via the relevant communication channels utilised in those specific areas, which will include the erection of CCTV signage boards.

4.                  INFORMATION REGULATOR

  • An independent, juristic person, shall be established as the Information Regulator (“Regulator”) in terms of Section 39 of the Protection of Personal Information Act (“POPI”). The Regulator will have jurisdiction throughout the Republic, and shall only be subject to the Constitution and to the law, and shall be held accountable to the National Assembly. The Regulator must exercise its powers without fear, favour or prejudice and remain impartial while performing its functions in accordance with the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
  • The powers, duties and functions of the Regulator are to provide education, monitor and enforce compliance, to consult with interested parties, to handle complaints, to conduct research and report to Parliament, enforce the code of conduct and take the necessary action where necessary, facilitate cross-border cooperation, and other general related duties contained therein.
  • Any grievances regarding the processing of the data by the responsible person or their representative, may submit a written complaint to the Information Regulator in writing via their website or/ inforeg@justice.gov.za.

5.                  RETENTION OF DATA AND SECURITY OF DATA

5.1          Data will be stored on secure third-party servers, owned by our hosting companies, for no longer than 30 days. Data stored for longer periods will only be released to an appointed nominee upon presentation of the specific documents required to render it compliant with our legislation or required for any other reason outlined herein.

5.2          Each hosting company who hosts / rents one of these servers will be required to enter into a separate agreement (the “operator’s agreement”).

5.3          Data will under no circumstances be released or distributed unless specifically required or authorised by law.

5.4          Data will be kept for a period of 30 days whereafter it will be permanently erased and/or destroyed, unless otherwise so required.

6.                  LIABILITY

6.1          The Information contained in the CCTV footage and processed by CTA is considered Personal Information as per POPI, which takes an individual’s constitutional right to privacy at all times and when such information is processed, the processing is adequate, relevant and not excessive.

6.2          CTA has the consent and authorisation to collect, locate and access the CCTV footage.

6.3          CTA is acting in capacity of an “Operator”, as defined in the Act, in which Data is provided to approved third parties, providing that CTA is thereafter considered to be the party responsible for “processing” the Data, known as the “Responsible Party”, as defined in the Act.

6.4          CTA will fully comply with its obligations in terms of the Act, and all details and records of all information processed will be maintained to the extent required by law.

6.5          CTA undertakes to ensure all employees, affiliates, partners, etc adhere to the highest levels of confidentiality and respect individual’s right of privacy.

7.                  ACCESS RESTRICTIONS TO THE CONTROL ROOM

7.1          CTA will provide consent to specifically employed staff members to access, monitor, review and retrieve data, only in the necessary instances who may include:

  • The Directors of CTA;
  • Technical / Operational staff of CTA;
  • Experts as may be required by law;
  • Maintenance / Technical Staff;
  • Contractors and/or other workers as may be required from time to time;
  • Information Officer, or designated person, who will be responsible for the data collection, compliance, disposal, encryption, handling, maintenance, records maintenance, responsibility, sensitivity, signage, storage, training and upgrades in terms of the Act, as well as conduct an annual review of the CCTV surveillance network.

 

8.                  ACCESS TO DATA BY PRIVATE INDIVIDUALS

If an individual feels that their right to privacy has been breached, the Act provides that they may have access to such data, free of charge and request that the party responsible for monitoring the data (“the responsible party”) confirm whether the individual has been recorded on the CCTV network. The access request must include the date and time of the recording as well as the recording camera’s location with enough information to clearly identify the party shall respond to the request promptly.

In accordance with the Act, the responsible party may provide either a record or a description of the Data that it has in its possession. A downloadable copy of the Data shall only be provided if, in the opinion of the responsible party, the Data requested does not contain personal information of anyone other than the requesting party and/or will be maintained safe and secure. In the event that the downloadable data will not infringe on any rights, the responsible party will provide a quotation for the Extraction and processing of any data will carry a surcharge, dependent on the level of expertise required. Subscribers will be exempt from these charges, unless the maximum number of monthly / annual requests have been exceeded, whereafter a quotation will be provided to the requestor for approval. In the event that the request cannot be approved, the denier will provide written confirmation thereof.