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.