ANPR Policy Version 3 16.04.1641166.04.2015, March 2016
VERSION CONTROL Version Date Author Reason for Change 1 07/11/2013 Supt Steve Matchett First edition 2 05/06/15 Supt Steve Matchett To comply with National ANPR Template 3 12/04/2016 DI I Jones To comply with National ANPR Template EQUALITY IMPACT ASSESSMENT Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation. The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to: - eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act; - advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; - foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies. Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. An equality impact assessment has been completed on this policy, click here. HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it. Name: Department: Signed: C Brettle, Chartered Legal Executive Lawyer Legal and Compliance Directorate C Brettle CODE OF ETHICS CERTIFICATE OF COMPLIANCE This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it. Name: Department: Signed: Iwan Jones DI Information and Intelligence Directorate Iwan Jones DI
Freedom of Information Act 2000 Section 19 of the Freedom of Information Act 2000 places a requirement upon the Force to publish all policies on the Force website. Policies are why we do things and procedures are how we do them. A case-by-case review of procedures must be undertaken to protect law enforcement and health and safety considerations. Where a combined policy and procedure document is being produced the Force is legally required to publish the policy section and assess the procedure part to ensure no sensitive information is published. There is a requirement therefore to review this document to establish its suitability for publication. Please identify below whether the document is suitable for publication in its entirety or not. Where it is believed that disclosure will be harmful please articulate the harm that publication would cause and highlight the relevant sections within the document. Where it is perceived that there is harm in disclosure the document should be forwarded to the FOI Unit for review. Suitability for publication Suitability for publication Yes/No Date Signature Yes 16/01/14 S.J. Matchett Document is suitable for publication in its entirety Document is suitable for publication in part, I have identified those sections which I believe are not suitable for disclosure and have articulated below the harm which would be caused by publication. Harm in publication FOI review to be completed by FOI Unit Suitability for publication Yes/No Date FOI Decision Maker Document is suitable for publication in its entirety Document is suitable for disclosure in part and relevant redactions have been applied. A public facing version has been created. Once review has been undertaken FOI decision maker to return document to policy author and following sign off document to be published within Force Publication Scheme. Any future changes to the document should be brought to the attention of the FOI Unit, as appropriate.
ANPR 1. SECURITY PROTECTIVE MARKING This policy has standard operating procedures (SOP) that remains restricted to protect operational effectiveness. 2. POLICY STATEMENT This policy applies to all Force ANPR systems. National ANPR Standards for Policing (NASP) describe the standards that are required to be met for the development and use of ANPR systems by law enforcement agencies (LEAs). The policy for the development and use of ANPR within Dyfed-Powys Police is that it is consistent with NASP and this document outlines accountability and responsibility in that regard. Current NASP can be accessed at www.police.uk/information-and-advice/automatic-number-platerecognition/ 3. STRATEGY TO IMPLEMENT THE POLICY The Chief Officer lead is the Assistant Chief Constable who has overall responsibility within the Force for the provision of ANPR. This responsibility includes the provision of system monitoring; ensuring staff members are appropriately trained according to their needs and the system is monitored for compliance with NASP. The Strategic Lead is the Director of Intelligence. The Strategic Management of the Force ANPR capability is determined by the Force ANPR Strategy Group, chaired by the Assistant Chief Constable, together with the Director of Information and Intelligence, ANPR Officer (Manager) and representation from the Head of Operations, IID and Force Intelligence Analyst(s). The Group, meeting on a quarterly basis, sets the Force strategic & tactical objectives, commensurate with the development of National & Regional strategic policy. Infrastructure Development will be in accordance with NASP Part 2 and all proposals for new infrastructure will be submitted to the Force ANPR Strategy Group who has responsibility for confirming that the proposals are appropriate and proportionate having taken account of the strategic assessment and privacy impact assessment, and having balancing the protection of the public with the rights and legitimate expectations of individual privacy. That confirmation is required before any development is progressed. The Force ANPR Strategy Group will ensure that arrangements are in place for the review of the locations of all Number Plate Reading Device (NRD) that submit data to the ANPR system at least annually to ensure that the deployment remains appropriate and proportionate. Vehicle mounted ANPR systems will be deployed in accordance with NASP Part 2 standards for deployment of Vehicle - Mounted Systems. Any deployment in support of operational response following the report of a crime or incident will only be made on authority of the Operations Room Inspector/Supervisor within the Dyfed-Powys Police Force Operations Room and a record of that authority will be made within the incident log.
Territorial Commanders will ensure that the use of ANPR is embedded into the Force strategic and tactical processes. 4. POLICY AIM The purpose of this policy is to realise the benefits of the use of ANPR relative to:- In support of a National Counter Terrorist operation or initiative In support of a local Counter Terrorist operation or initiative In support of the protection of vulnerable persons In support of the investigation of serious crime In support of a serious crime or roads policing initiatives Prevention and detection of crime Gathering of evidence and intelligence Control strategy subject areas 5. APPLICABILITY This policy applies to all staff members who utilise the Force ANPR systems. 6. POLICY DETAIL Databases The PNC is the primary database to support operational response. Whenever possible the live PNC link will be used. The PNC extract file is provided three times every 24 hours; The ANPR manager will ensure that it is loaded onto the ANPR system upon receipt. Within the PNC files the ACTion (ACT) report is the primary database. This database will be used for the circulation of any vehicle of interest that meets the criteria within the PNC Business rules and will be monitored 24/7 within the Dyfed-Powys Police Force Operations Room and resources deployed as appropriate. ACT reports are designated as High, Medium and Low priority. During periods of increased demand on resources, with authority of Operations Room Inspector/Supervisor within the Dyfed-Powys Police Force Operations Room reports of matches against Low and/or Medium ACT may be filtered such they are not monitored. High priority ACT reports must be monitored at all times. A local list of vehicles of interest (VOI) may be used to circulate vehicles for intelligence monitoring purposes or in circumstances that do not meet the standards for inclusion on the PNC as an ACT report for operational response. Local lists of VOI may be circulated to another LEA to support cross border activity or in support of a specific operational activity. These lists must not be circulated nationally. The member of staff who creates a list of VOI will ensure that the information within it is accurate, of current relevance and in the format prescribed within NASP. The ANPR Officer (Manager) will monitor the creation, use and maintenance of local lists of VOI for operational response purposes, reporting concerns to the Strategic Lead as appropriate. The Strategic Lead will ensure that arrangements are in place, to monitor the creation, use and maintenance of a list of VOI for intelligence monitoring purposes.
Performance Evaluation The ANPR Officer (Manager) is responsible for monitoring the performance of all components of the ANPR Infrastructure. The performance of NRD will be assessed on installation and thereafter at least annually for all NRD that provide supporting imagery and every 6 months for any that do not provide images in accordance with NASP Part 2 Para 12. Data Access The Strategic Lead is accountable for the authorisation of staff members that may access ANPR data. The strategic lead will ensure that a record of authorised staff is maintained and that authorisation is reviewed, amended or cancelled on change of role as appropriate. Staff may only be granted access to ANPR data to the extent that is necessary for their role. Staff accessing ANPR data must ensure that the access is appropriate in each case taking account of NASP, and that it has been properly authorised when required. Staff authorising access to ANPR data must ensure that access is proportionate and in the interest of justice in each case taking account of the Data Protection Act, NASP data access provisions. (Extract from NASP Appendix A) Evidential Use and Disclosure of Data The Detective Constable ANPR FIO will be consulted before preparation of disclosure schedules under Criminal Procedure and Investigations Act 1996 (CPIA) provisions and before any data is used as evidence in any proceedings. The Detective Constable ANPR FIO will also facilitate liaison with other LEA as appropriate. The disclosure of ANPR methodology, tactics and camera locations will be avoided whenever possible in order to ensure the continued value of ANPR as an operational and investigative capability. The following paragraphs provide a framework to support this objective. Concerns regarding disclosure or evidential use will be referred to the Strategic Lead for consideration. Statements of evidence may only be provided by staff designated by the Strategic Lead. During the course of an investigation, ANPR images; Investigation methodology; tactics, nor maps indicating the locations of ANPR cameras will not be disclosed to suspects or their legal advisors without the approval of the Detective Constable ANPR FIO. The Detective Constable ANPR FIO will advise investigators on the information that may be revealed in each case. In respect of locations the options are: (in decreasing order of preference) The general area of the location (e.g. Town, district, Metropolitan Borough) The postcode The name of the Road The precise location of the ANPR read Statements of evidence will only be prepared after proceedings have been initiated and following specific request of the Crown Prosecution Service (CPS). All requests will be referred to Detective Constable ANPR FIO for authorisation to provide evidential material. The Detective
Constable ANPR FIO will liaise with the CPS staff making the request and refer to the strategic lead for ANPR for consideration in cases of concern. ANPR material not used in evidence will be included on the MG6D Schedule of Sensitive Material. 7. Auditing & Quality Assurance The Strategic lead will ensure that provisions to provide a record of access to ANPR data by their staff, including the reason for that access and details of any authorisation of that access where required. The Strategic Lead will ensure that provisions for regular audit of access to ANPR data are in place, with a record of all audit activity that has been undertaken. Where data has been accessed for which the data controller is from another LEA, the data controller will be provided to that data controller on request. Details of audits undertaken will be made available to the Information Commissioner; the Surveillance Camera Commissioner and the Home Office on request. 8. Procurement Procurement of new ANPR equipment is the responsibility of the force ANPR Officer (Manager). Suppliers of new equipment must be able to satisfy the Force that any ANPR equipment supplied is compliant with the current NASP version. Acceptance of such equipment will be subject to evaluation and sign off by the ANPR Officer (Manager). Existing and new equipment will be subject to an annual evaluation conducted by the ANPR Officer (Manager) to ensure continued compliance with NASP performance requirements. Oversight of equipment purchases, changes, upgrades and associated costs will be the responsibility of the Force ANPR Strategy Group, with the tactical and strategic use of ANPR also the subject of regular review by the Group. 9. System Security Access to the BOF is strictly limited to trained and authorised staff in accordance with the current requirements of NASP. Operator permissions are granted according to role and function, which is also controlled by BOF Administrators. The ANPR Officer (Manager) is required to audit BOF user access on a monthly basis. The Force IT Department also have the ability to grant remote BOF access to known and suitably vetted engineers as each need arises. Open and unrestricted remote access to BOF is not permitted. 10. Data Protection, Storage, Retention and Use The Force is committed to ensuring that all ANPR Read & Hit data is stored and retained within the BOF, in accordance with the minimum standards set by the current version of NASP. The storage, retention and use of all such data will be consistent with the requirements of the Criminal Procedure and Investigation Act 1996, Data Protection Act 1998, Human Rights Act 1998, and the Code and Guidance of the Management of Police Information.
In line with NAAS, ANPR data will be retained as live information for the periods below:- Reads ACPO Recommended Text Data 2 Years Plate patch image 2 Years Overview image 90 Days Hits Force Requirement Text Data 2 Years (NAAS guidance) Plate patch image 2 Years (NAAS guidance) Overview image 2 Years 11. Data Sharing Dyfed Powys Police does not currently share its ANPR data outside of the Police Service unless they are a LEA authorised to access the National ANPR Service. All other access would be subject to an Information Sharing Agreement. 12. Related Policies, Protocols, Practices or Service Agreements National ANPR Standards for Policing (NASP) 13. Monitoring and Review The review of the contents of this police is the responsibility of the Director of Intelligence. Review of the policy will be undertaken every year. 14. Who to contact about this policy All enquiries relating to this policy should be directed to Director of Intelligence.