Video Documentation and UPPS No. 05.04.05
Surveillance Systems Issue No. 1
Effective Date: 07/27/2012
Review:
July 1 E2Y
Attachments I, II, III, IV
01.
POLICY STATEMENTS
01.01 The purpose of this policy
is to regulate the installation and use of video documentation and surveillance
(VDS) systems designed to allow observation and recording from cameras
installed on university property. This policy does not imply or guarantee
that the university will monitor cameras 24 hours a day, seven days a week. Cameras are NOT a guarantee of safety,
but are tools that assist the university in overall security, serve as a
deterrent against crimes and inappropriate or unlawful activity, as well as
provide information to assist with incident investigations.
01.02 This policy applies to all
students, faculty, staff, departments, divisions and colleges in the use of VDS
systems. This policy applies to all forms of video documentation and
surveillance, regardless of the technology employed, including closed circuit
television (CCTV), Internet-based (Web) camera systems, and cameras used for
academic or business purposes.
Academic cameras’ sole purpose is viewing and recording academic
activities and are not attached to the VDS system. Business camera’s sole
purpose is viewing and recording business activities, and attachment to the VDS
system is required.
Application of this policy to cameras used for legitimate academic
purposes will comply with UPPS No. 02.02.03, Protection of
Human Research Subjects. Camera systems installed
expressly and specifically to enable teleconferencing among willing and fully
informed participants are exempt from this policy.
01.03
Individuals will conduct VDS in a professional, ethical, and legal
manner following appropriate training and with supervision in the responsible
use of this technology. Violations of the VDS Code of Procedures (as defined in
Section 05 below) may result in disciplinary action consistent with the rules
and regulations that govern the behavior of the involved parties.
02. DEFINITIONS
02.01 VDS is the continuous or periodic observation or recording of
campus activity to detect, deter, or obtain evidence of criminal or otherwise
prohibited behavior. The university may also use VDS to observe and record
academic or business activities if this function and use is consistent with
this policy.
02.02 Covert Video is VDS conducted in secret
with no visible evidence or warning of monitoring or recording activities. All
video cameras are subject to covert use as described in Section 05.09 of this
UPPS.
02.03 Video Surveillance Operator is any
individual approved by the director of the University Police Department (UPD)
to view or control a VDS camera, or to view or control the data captured by a
VDS system.
02.04 For the purpose of this policy, academic
activities are those teaching, learning, and assessment functions involved
in the expansion or transfer of knowledge between or among students and
faculty.
02.05 For the purpose of this policy, business
activities are direct interactions between the university and its students,
faculty, staff, alumni, and other constituencies, exclusive of academic
activities.
03. GENERAL PRINCIPLES
03.01 Texas
State University-San Marcos is committed to enhancing the campus’ quality of
life by integrating the best practices of public and private policing with
state-of-the-art technology. VDS systems are a critical component of a
comprehensive security plan using state-of-the-art technology.
03.02 The primary purpose of an
integrated VDS system under the UPD is to deter crime and to assist the police
in protecting the property of the university community and access to facilities
and services. Any diversion of security technologies and personnel for other
purposes that might compromise the viability of these resources for critical
security goals is prohibited by this policy.
03.03 The university will only release information
obtained through VDS when authorized by the director of University Police
following steps established in this policy.
03.04 Existing university policies, including
policies related to non-discrimination and sexual harassment will govern VDS of
public areas. The Code of Procedures for VDS prohibits documentation based on
the characteristics and classifications contained in these policies.
03.05 VDS of public areas will not violate the
reasonable expectation to privacy as defined by law.
03.06 The university will only use VDS to observe or
record activities in campus expression areas as necessary to protect
significant university interests as stated in UPPS No. 07.04.05, Expressive
Activities on Campus Grounds.
03.07 VDS of academic activities requires prior
review by the Security Technologies and Advisory Group (STAG) and prior
approval by the chair of the requesting department and the Office of the
Provost and Vice President for Academic Affairs (Office of the Provost).
04. RESPONSIBILITIES
04.01 UPD is authorized to oversee and coordinate
all university VDS uses. All
university organizations that utilize VDS are responsible for implementing this
policy in their respective operations. UPD has primary responsibility for
disseminating the policy and assisting other units in implementing the policy
and procedures.
04.02 The director of University Police is
responsible for authorizing all VDS at the university. All new
installations and changes to existing camera systems must adhere to this policy
and the university’s network, hardware or software requirements for VDS
systems.
04.03 UPD will monitor new developments in the
relevant law and in security industry practices to ensure that the university’s
policies and practices relating to VDS systems are consistent with the highest
standards, protections, and requirements of all federal, state, and local laws,
Regents’ Rules, and campus policies.
04.04 The director of University Police shall form
and utilize a Security Technologies and Advisory Group (STAG) to provide review
and guidance regarding proposed VDS policies, practices, and implementation
criteria. At a minimum, the STAG will
include representation from:
a. The Office of the Provost
b. Faculty Senate
c. Associated Student Government
d. Housing and Residential Life
e. Facilities Planning, Design, and Construction
f. Technology Resources and IT
Security
g. Environmental
Health, Safety, and Risk Management
h. Supervisor of
i. Emergency Management
04.05 The supervisor of Access Services must receive
new requests for VDS installations and changes to existing camera systems using
the VDS Acquisition Proposal Form (Attachment II) prior to equipment
purchase and installation. The supervisor of
04.06 The STAG will perform timely reviews of
proposed permanent surveillance camera installations to ensure proposed camera
installations conform to the university’s established policies, practices, and
implementation criteria. The STAG will
submit recommendations to the supervisor of Access Services and the director of
University Police, for their consideration in determining the appropriateness
of the proposed installations.
04.07 UPD will maintain a list of all VDS camera
locations, including a general description of the technology employed and the
capabilities of the camera at each location. Information pertaining to camera
location, camera view, camera models, visual capabilities, camera network
infrastructure, planned tactical use, and camera and software configuration is
confidential under the Texas Government Code Chapter 418, Emergency Management
and may be exempt from public release under the Texas Open Records Act/Texas
Public Information Act (Texas Government Code Chapter 552) or Freedom of Information
Act (5 U.S.C. 552). This information is controlled, handled, transmitted,
distributed, and disposed of according to the university’s information
management and disclosure policies and the director of the University Police
must approve release to the public or other personnel who do not have a valid
“need to know.”
04.08 Students and staff entering certain sensitive
locations on campus may have an increased concern for privacy or confidentiality. Persons
having concerns related to these issues may petition the director of University
Police to forgo the installation of a proposed camera or for the removal of an
existing camera. The STAG and the director of University Police will consider
the requesting person’s concerns, the provisions of the established criteria
(see Attachment I), and the need for
documentation at that location when determining the appropriateness of an
installation.
04.09 UPD will review complaints regarding camera
locations and determine whether that camera follows this VDS system policy. The
director of University Police will evaluate the camera location’s circumstances
and history to determine whether the benefit to and enhancement of community
security outweighs the complaint. The vice president for Student Affairs will
review the appeal the director of University Police’s decision and may ask the STAG
to review the complaint and provide a recommendation. The vice president for
Student Affairs’ decision is final.
04.10 The director of University Police will review all
requests to release VDS systems recordings. No releases will occur without
director of University Police authorization as provided for in this UPPS.
05. VDS CODE OF PROCEDURES
05.01 All persons involved in VDS will perform their
duties in accordance with this policy.
05.02 Except in cases of covert VDS related to a
criminal investigation, the university will post appropriate notice at the
entrance to the area under surveillance or in close proximity to the camera
installation site.
05.03 The university will configure documentation
systems to prevent camera operators from tampering with or duplicating recorded
information.
05.04 The university will store recorded video for
thirty days and then erase it, unless retained as part of a criminal
investigation or court proceedings (criminal or civil), or other bona fide uses
as approved by the director of University Police.
05.05 The university will store video media in a
secure location with access by authorized personnel only.
05.06 Video
surveillance operators who are granted access to archived recorded video
must access footage with the approval of a supervisor to maintain the integrity
of that video footage.
05.07 The
supervisor of Access Services or designee will train camera control operators
in the technical, legal, and ethical parameters of appropriate camera use.
Camera control operators will receive a copy of this policy and must complete
and sign the written acknowledgement in Attachment IV, affirming that
they have read, understand, and will comply with its contents.
05.08 Video
surveillance operators will monitor individuals solely based on
suspicious activities or behavior, not individual characteristics protected by
the university’s non-discrimination and sexual harassment policies (race,
gender, color, national origin, age, sex, religion, disability, veterans’
status, or sexual orientation).
05.09 UPD will only use covert VDS for criminal
investigation with the director of University Police’s approval. The vice
president for Student Affairs will receive notification of all covert VDS operations
prior to or as soon as possible after deployment.
05.10 VDS is limited to uses that do not violate the
reasonable expectation to privacy as defined by law.
06. ACCESS TO LIVE OR RECORDED VIDEO FOOTAGE OR IMAGES BY
UNIVERSITY FACULTY AND STAFF
06.01 The director of University Police or a
designee may grant permission to UPD personnel to view or control a video
camera, or to view the data captured by a VDS system. All other persons must
request permission in writing from the director of University Police using the
VDS Viewing Request Form (Attachment III) stating the
reason for and intended use of the requested data.
06.02 If access is granted to recorded footage by
the director of University Police, the supervisor of Access Services will
coordinate with the requestor to allow the requestor to view the requested
footage or images. The supervisor of Access Services shall document the date,
time, and camera location of recorded video footage viewed by the requestor in
a log that the requestor will sign, acknowledging the viewing.
06.03 Requesting parties for access to images or
footage shall receive a copy of this policy and provide written acknowledgement
that they have read, understand, and will comply with its contents. Such
request will be made in writing using the VDS Viewing Request Form (Attachment III).
06.04 Video footage from the VDS systems shall not
be released, transferred, converted to alternate media, or otherwise provided
to any person without the prior written permission of the director of
University Police. VDS footage containing images of all or part of any campus
expression area shall not be released, transferred, converted to alternate
media, or otherwise provided to any person without prior written permission
from the vice president for Students Affairs and the vice chancellor and
general counsel of The Texas State University System.
06.05 Consistent with other provisions of this
policy, the director of University Police may authorize extended access to the
live or recorded images of academic activities or business activities to
persons having oversight responsibility for those activities. This use of the
extended access to live or recorded images is limited to academic or business
purposes.
07. EVIDENCE-RELATED RECORDINGS
07.01 The director of University Police will receive
written notification of the transfer of recorded footage from the VDS system to
alternate media for evidence usage in criminal or civil cases.
07.02 UPD will manage transferred recording from the
VDS in accordance with state and federal laws pertaining to evidence handling
and storage.
07.03 Individuals may no longer request access to recordings maintained
for evidence purposes as described in this UPPS.
07.04 The director of University Police or designee
may release VDS footage and images to law enforcement agencies sharing
jurisdiction with the University Police Department.
08.01 Reviewers of this UPPS include the following:
Position Date
Director,
University Police July
1 E2Y
Special
Assistant to the Vice President July 1
E2Y
for Information Technology
Vice
President for Student Affairs July
1 E2Y
This UPPS
has been approved by the following individuals in their official capacities and
represents Texas State policy and procedure from the date of this document
until superseded.
Director,
University Police; senior reviewer of this UPPS
Vice