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Summary
Buffalo State believes that safeguarding the personal welfare of its
students and employees is of paramount importance at all campus locales and in
all buildings. In an effort to discourage those behaviors which threaten
personal safety or a potential loss of campus resources, selective use of video
surveillance is engaged at the campus.
Policy
The State University of New York College at Buffalo (Buffalo State) reserves the
right to place video surveillance cameras on campus where necessary and
appropriate. Buffalo State respects the privacy of the university community
members and takes pains to balance that privacy against safety needs on campus.
Cameras extend the protection of University Police, even when officers are not
in an immediate area. Cameras are not a guarantee of safety but are a tool that
assists University Police. Cameras protect campus community members from dangers
by serving as deterrents and alerting police to dangers. Cameras are never used
to monitor or track the behaviors of campus community members.
This policy does not apply to legitimate academic use of video cameras for
educational purposes, to cameras used for journalism, or to private video
cameras owned and operated by members of the campus community.
This policy does not apply to cameras used covertly by University Police or
another law enforcement agency for criminal surveillance as governed by the New
York Penal Law.
This policy does not apply to video cameras or webcams established for reasons
unrelated to surveillance activity, including remote monitoring of facilities
construction to ascertain project progress or campus public relations
initiatives.
Definition of Terms
Video Surveillance Camera:
a camera device that is capable of capturing images (not audio), viewable by the
naked eye and transferring such images to a data storage system. Image capture
may use any technological format.
Data Storage System: a
computer or electronic device dedicated to the purpose of storing data.
Public Area: an area
open for public use where the expectation of privacy is not violated by what
could normally be openly observed, such as the campus quad, an academic hallway,
classroom, library study rooms, all outdoor areas.
Private Areas: areas
such as bathrooms, shower areas, locker and changing rooms, areas where a
reasonable person might change clothing, or private offices. The only exceptions
are cameras used narrowly to safeguard money, documents, or supplies, from
theft, destruction, or tampering.
Temporary Video Surveillance Cameras:
cameras that are established by University Police to provide
additional security for a campus event or situation, and that are not in place
for more than 30 days.
Permanent Video Surveillance Cameras:
cameras which may be established as part of the campus
infrastructure. Placement of permanent cameras requires joint approval by the
Vice President for Finance and Management and the Chief of University Police.
Camera Placement
Buffalo State’s University Police currently monitor video surveillance cameras
located in public areas on campus. These cameras capture images only, no audio.
Requests for placement of video surveillance cameras must be made to the Chief
of University Police. Approved requests will include joint approval from the
Vice President for Finance and Management and the Chief of University Police.
All camera purchases occurring subsequent to the implementation of this policy
must meet the guidelines of this policy.
Placement of video surveillance cameras shall be the responsibility of the Chief
of University Police and/or the Vice President for Finance and Management and
shall conform to applicable federal and state laws.
This policy does not apply to cameras used covertly by University Police or
another law enforcement agency for criminal surveillance as governed by the New
York Penal Law.
Cameras may not be established in private areas of the campus without obtaining
a warrant and are subject only to appropriate legal authority.
Video surveillance cameras shall not be directed or zoomed into the windows of
any private residential building including residence halls.
Electronic shielding will be used to the extent possible so that the camera does
not have the ability to look into or through windows.
This policy prohibits the use of dummy or placebo cameras.
Video Surveillance Camera Use and Nonuse
Video surveillance cameras are not to be used to monitor individual students,
faculty, or staff, except as necessary for a criminal investigation and/or
except as in accordance with the terms of a warrant. Cameras may be used to
monitor a student or employee work area, such as an area
with financial transactions, even if there is only one student, faculty, or
staff member employed in that work area. Cameras used to monitor a work area
will not be used to view the contents of computer screens.
Video surveillance cameras will not be used by the college to evaluate employee
performance or to monitor employees during their non-working time. Video
surveillance cameras shall not be used to monitor violations on campus, such as
violations of parking rules, nor used to collect data on students such as
parking patterns or student activity.
Use of video surveillance cameras shall be accompanied by signage indicating use
of such cameras with signage appropriate to the facility and camera placement.
Signage content and placement must be approved by University Police.
Video Surveillance Camera Monitoring
Video or camera images may be monitored only by Buffalo State’s University
Police or other select personnel as authorized by the Chief of University
Police. No unapproved employees may monitor or view video or camera images for
any reason except as necessary in the course of an investigation or
adjudication.
If University Police feels it is necessary to aid in an investigation or search,
small video clips or image stills may be released to the media or the public.
Prior to releasing the video clip or image still, the face and identifying
features of all those on video but not of interest to the investigation will be
blurred.
All Buffalo State University Police Officers, and other select personnel as
authorized by the Chief of University Police, approved to monitor video or
camera images shall receive a copy of this policy and provide written
acknowledgement that they have read and understand this policy. Officers and
authorized personnel will receive any and all updates or amendments to this
policy.
Video or Other Storage Media
Video tapes or other media will be stored and transported in a manner that
preserves security. Current and archived tapes or media shall be kept locked and
secured.
Recorded images that do not document specific incidents shall be kept
confidential and destroyed on a regular basis. Such images will be retained
for a minimum of thirty (30) days and a maximum of one year. Cameras purchased
prior to the implementation of this policy will be granted a variance to this
policy if recorded image retention is less than thirty (30) days. Recordings
that document specific incidents and merit retention for administrative or
potential legal uses must be maintained for three (3) years after the end of the
year to which they relate. This retention period meets the statutes of
limitations for personal injury litigation and for the initiation of criminal
prosecutions for misdemeanors. All recorded images used for an investigation or
prosecution of a crime shall be further retained until the end of the proceeding
and appeal period unless directed otherwise by a court of law.
All new camera purchases will be expected to conform to a recorded image
retention minimum of thirty (30) days, as well as comply with campus hardware
standards.
No recorded image shall be altered in any manner. The only narrow exception
allows for faces of nonparticipants in an incident to be blurred for privacy
reasons in the event a video or still image is provided to the media.
Buffalo State currently maintains a closed circuit video surveillance system not
available on the Internet, located in the University Police Department and
select, authorized, campus locations.
Video Surveillance Equipment Maintenance
Every area with authorized video surveillance equipment is responsible for
maintaining said equipment in good and working order. In the event that
equipment may require disposal, replacement, or update, University Police must
be consulted prior to any action being taken. All costs associated with
equipment maintenance, including disposal, are the responsibility of the area.
Destruction or Tampering with Video Surveillance Equipment
Any person who tampers with or destroys a video surveillance camera or any part
of the video surveillance system may be prosecuted in the criminal justice
system as well as the campus judicial system.
Compliance
It is the responsibility of all members of the college community to observe this
policy. Anyone found to be in non-compliance will be subject to sanctions as
determined by the laws of New York and/or campus administrative procedures.
Related Information
There is no related information for this policy.
Authority (where applicable, this section
contains links and/or references to the authority governing this policy)
New York State’s Public Officers Law and Penal Code laws constitute the
authority regarding this policy. The Consolidated Laws of New York State can be
found at:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Responsible Office: Finance and Management; University Police Department
Policy effective 12/8/09; revised 11/16/10
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