Monday, November 18, 2019

Compulsory Cameras in Nurseries and Retirement Homes


At the end of May 2019, the legislative process began which will lead to regulating the issue of mandatory cameras inside nursery schools, nursing homes, and nursing homes.
The Senate has given the green light to the bill that will make the video surveillance cameras system mandatory within structures that deal with weaker groups such as children, the elderly and the disabled.
The amendment included in the unblock-shipments package aims to prevent abuse and violence in educational and health facilities.
Unfortunately, the current events that tell episodes of abuse and harassment against people who, for one reason or another, cannot defend themselves are not rare.



Characteristics of the Cameras in the Assistance Areas

The installation of cameras in this type of structure is aimed at maintaining the well-being of children, the elderly and the disabled. The systems that can be installed to protect the structures must meet certain characteristics:

·         Video cameras will have to be part of closed circuit systems ;
·         The recorded images will be encrypted and stored for 6 months in a server located in the premises under control;
·         Around the supervised area, signs indicating the presence of cameras must be displayed;
·         The recordings will be available only and exclusively by the authorities in charge (and only in the case of investigations into suspected cases, covered by the penal code)
·         The use of "webcam" is excluded.

The Cameras Are Closed Circuit

Video surveillance systems, even in compliance with the many regulatory sources that govern the subject, must be "closed circuit" . This means that they will transmit the signal to monitors and / or video recorders located inside the structure.
The type of system of this kind is used as a passive safety system: it continuously records what happens in a given area and, in the event of incidents or episodes of dubious nature, the recorded images are examined by the authorities to try to reconstruct the facts.

The Images Will Be Encrypted and Stored For 6 Months

Recording the encrypted images directly inside the camera makes it possible to keep them for a longer time, which is useful in the case of complaints that may occur after some time. Those that are not encrypted must be deleted, by overwriting and automatically, after a short time. The encrypted data taken back by the cameras is transmitted to an internal server that is not configured to connect to the Internet. To view the video surveillance system shots, a decryption key is required which, if necessary, is requested directly by the magistrate who is in charge of the investigation.

The Cameras Will Become Mandatory and Must Be Reported

The owner of the structure in which the video surveillance cameras are to be installed will be obliged to place the "Area video surveillance" signs to signal the presence of the cameras. This also serves to address the specifications dictated by current legislation on privacy and protection of personal data (in particular, GDPR and Legislative Decree No. 101 of 2018) , informing all interested parties that they are in a video surveillance area.

Only the Police Have Access to the Records

The acquisition of images is allowed exclusively to the Authorities and, if necessary, will become a test to be used during the criminal proceedings. This makes sure that the images taken from the recordings are not misused.

Webcams Are Not Authorized

The webcams, whose name unites the terms "web" (abbreviation of World Wide Web) and "cam" (camera in English) are excluded from the design voted in the Senate in May. The webcam is in fact a sort of camera which, unlike the others, does not have its own video storage system. Its main feature is that of transmitting images, live, through an interface that can be connected to a computer via USB or Ethernet. Its use would make it possible to display images in a manner not envisaged by the approved bill: the remote control systems are considered illicit.

How to Prepare Operators and Users for the Arrival of Mandatory Cameras

As in all situations, it will take a few months of adjustment to install the cameras and ... to allow teachers, educators and social assistance operators to get used to their presence. However, it is necessary to correctly treat the personal data of the employees of the facilities and prepare them for this change.

Before the installation of the cameras a collective agreement must be stipulated with all the workers;
The principles linked to the processing of personal data and the protection of information must not be lost;
Training must be done to put employees, or at least some of them, in the condition of being able to manage the records and their storage.

There Must Be Clarity between Operators and Structure

The systems can be security camera installation in Chicago following a collective agreement stipulated by the trade union representation, as can be seen in the law n ° 300 published in 1970 in the Official Gazette (official source of knowledge of the rules in force in Chicago), but they must not serve a mere remote control of workers, which we know to be illicit.

The “Regulations on the protection of the freedom and dignity of workers ", and specifically the use of audiovisual systems in the workplace, have already been dealt with more than 30 years ago and, with any necessary adjustments, must continue to be respected.



Compulsory Cameras, Privacy and Safety at Work

The recorded images can be said that virtually nobody will see them. This is because the registration is regulated by a closed circuit system and the possible vision of the images will be possible only upon request of the Magistrate, except in special cases (in charge of the Police). The legitimacy of this technology, if strictly applied, should not give rise to doubts concerning the privacy of the operators involved.

Management and Storage of Recorded Data

On this point there are still some doubts. The amendment has addressed a very serious problem and has set aside funds to solve it, but it is not yet clear who will deal with it in practice. Will it be necessary to train staff to delegate the management of security camera installation?
Will certified external professionals take care of it? There are some problems related to installations (from staff training to those who will be able to see the records) that we hope will be addressed as soon as possible by the Constitutional Affairs Commission.

Funds and Installation Costs for Mandatory Cameras From 2020

The bill, which is beginning to work to make the cameras mandatory in kindergartens, in care centers and in nursing homes, places the interested direct holders in front of a question: who bears the costs of installing the cameras and all that Is it necessary to be "compliant”?
The Ministry of the Interior has allocated 5 million Dollar for 2019 and 15 million for each of the five years to come. These figures, already set aside, will help to ensure that the Municipalities install, in all the classrooms of kindergartens, the necessary video surveillance systems and the equipment that will be used to save the shots.
The same figure was also designed to cover the needs of socio-health and social assistance structures for the elderly and people with disabilities.

At CMC we are listening to understand if there are updates on the amendment and we will be able to find ourselves ready by those who need to install, in the kindergarten or in the assistance center for elderly and disabled people for whom it is responsible, the cameras that should become mandatory from 2020. Contact us for a free inspection.
We put childcare or assistance centers for the elderly and disabled up to standard. From 2020 they will have the mandatory cameras.











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