Digital Imaging Policy

1. Statement of Policy

It is the policy of Dyfed-Powys Police (DPP):

1. To deliver guidance in respect of the procedures and processes for the creation and storage of digital images.
2. To clearly define administrative duties in support of the creation and storage of digital images.
3. To provide key information to all officers involved in this process.

All staff, in the adoption of this policy, and in the exercise of their daily duties, must ensure that:

1. They give due regard to the welfare, safety, general well-being and human rights of all individuals;
2. They do not unjustifiably discriminate against any individual or groups of individuals;
3. Actions taken are justified, strictly proportional to, and they least intrusive and damaging option to the achievement of their legitimate aims.

Applies (but not limited) to: Police Officers, PCSO’s and police support staff using digital imagery operationally and evidentially, support staff engaged in the collection of evidence from digital media or via digital tools and third party providers of digital images, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers.   Police Officers, Staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

This policy must be adhered to at all times, specifically when dealing with digital imaging. It is relevant to all staff that deal with digital images and underpins the Standard Operating Procedures designed to ensure that digital technology can be successfully used as an additional source of evidence. Through appropriate procedures the best quality evidence can be achieved and a smooth interface with the requirements of the Criminal Justice System created. The standardisation of procedures also serves the definition of a minimum quality of the product and offers some guidance for future requirements internal or external to Dyfed Powys Police.

This policy does not refer to DPP mobile data devices issued to officers, there is a separate policy covering the use of these devices.

Authority

Where appropriate, authority must be obtained for the imagery to be captured in accordance with the Regulation if Investigatory Powers Act (RIPA) 2000.

Equipment

The operator will be fully competent to handle the equipment.  Any equipment used will be fully checked for its’ functionality prior to any activity.

The equipment must use Removable Media Cards that are compatible with the IT and technical facilities used within Dyfed-Powys Police. The HQ Imaging Department will negotiate with suppliers for the supply of two types of compact cameras, which will fall into two price ranges. These cameras will have been selected for their ease of use, quality, compatibility with force requirements and price.

All other purchases of digital equipment also need to be approved via HQ Imaging Department.

If any photographic equipment is damaged or develops a fault it should be immediately returned to HQ Imaging department with a Copy of a completed form CSI/EQ/03. (Missing Defective Damaged Equipment Report Form) The completed form must be submitted, to the CSI Manager who will give the form a number and submit a copy to HQ imaging. The CSI Manager will maintain a record of the cost for all equipment that has been mislaid, damaged, or developed a fault. The Imaging Department will update the form as the repair or replacement progresses.

Audit trail

An audit trail should be commenced at the earliest opportunity. The audit trail can be electronic or a paper-based system and should include the following data: (This list is not exhaustive)

1. Details of the case
2. Description of shots taken, and log of media used
3. Downloading data, definition of master copy and storage
4. File disposal

(Details listed at 1 & 2 should be entered by the C.S.I. on the appropriate section of form CSI 01 Examination Report or when images captured by Imaging staff or other officers using Form 614 Photographs Taken)

Capture

• Police originated images

Once digital imagery has been captured, images shall not be deleted or recorded over until such time that the images have been uploaded to the force imaging secure server system and a master and working copy have been created. 

• Third party images

All possible information should be obtained and recorded, including details of point of transfer and the third party’s identity. Once third-party images have come into Police possession an equal obligation to safeguard these images arises and the principles set out in this policy apply. It may be necessary to recover additional images that are not related to the case to comply with the requirements of disclosure (all images on the card will have to be duplicated). In cases of serious crime, when images stored are of significant evidential value, the Senior Investigating Officer (S.I.O) should decide if the original media (e.g., S.D. card) is to be retained / confiscated for the duration of the enquiry. (In these instances, Contact HQ Imaging Department for advice, as the Media station will delete all the images on the media card.)

When uploaded, all images will be categorised as either serious (prefix ‘S’) or routine (prefix ‘R’) enabling them to be separated for storage. This will ensure that images are kept for the correct retention period and simplifies the destruction process.

Processing and Protection

All Disks containing images produced from the force imaging secure server system will be marked in line with the Government Protective Marking Scheme.

Production of master

Defence Science & Technology Laboratory guidelines state that a bit for bit copy of the original digital files must be created to serve as an identical exhibit.

Images may be presented from several media. This includes non -reusable removable media, reusable removable media, removable tape, and non-removable media.

Images should be uploaded via the Mediastation as soon as practicable after the initial capture, during the same tour of duty (same day). The Mediastations, in conjunction with the force imaging secure server system, will automatically generate a Master and working copy of all images uploaded and create a copy in the jukebox on worm media.

1. Images stored on the master copy server are never accessed and a copy of the master copy images will only be produced by leave of court on receipt of an approved form C614L (Request for authorisation to view master copy images in court).
2. On receipt of a completed form C614L a certified copy will be produced of the images stored on the Master Copy secure server for production at court.
3. Be on WORM (write once read many) medium.
4. Be labelled accordingly (Details of exhibiting contained in S.O.P.)
5. Be stored in a form and manner that will enable the review of the images, to include viewing software, whenever required.
6. Be kept in accordance with the exhibit protocol.

The Media stations will create a PDF copy of all the images uploaded for each job, which will be automatically transmitted to folders on the W drive. These will be accessible to authorised officers for submission to CPS direct etc 24/7. It is essential the officers record the details of to whom and when they were forwarded.

The working copy server will be used to produce photographic prints for albums or further CD’S for use in the investigative process. Any alterations that are made to images or subsequent working copies should be recorded via an audit trail, should a reconstruction of the working processes be necessary at a later stage.

Details of all photographs or CDs produced will be recorded on the HQ Imaging register along with details of requesting officer, FIM request number, date requested, number and details of photographs produced. Number of albums produced, date produced and who carried out the work. In addition, in the case of Viewing Copy CD’s the unique disk number will also be recorded as well as details of whom the disk was issued to.

Image protection

When it is necessary (and approval given) to transmit images via the Intranet, the uploading of the images to the force secure server system prior to the transmission of the image is essential. This allows a master and working copy to be created prior to any images being sent. A full audit trail must be kept of any images transmitted, which will be made available for inspection if required.

Storage

Storage shall take place within the existing policy and procedures for handling and storage of evidence.

Under no circumstances should images be stored on Dyfed-Powys Police networked computer or server equipment unless that person has been specifically authorised to do so as part of their job role and in accordance with the procedure on acceptable use of force computers.

All master copy CD’s will be stored in secure storage at C.J.U. They will be stored in secure storage on Worm data, using high quality optical disks, furthermore the working copy images will be copied onto Blue–ray disks on the departmental archive, thus minimising the need for migration or duplication as the minimum projected lifespan is at least fifty years. This option was chosen for its guaranteed media longevity as well as it being possible to remove complete filed units according to hierarchical management requirements.

N.B. Care will be taken when handling digital media. It should be stored in an appropriate, secure location in a clean and dry environment with temperature variations limited to normal room temperatures to prevent condensation. They should also be kept away from dust, strong light or chemical contamination.

CPS

• Ordering Photographic Images

Where albums of photographs are required for judicial purpose it will be the responsibility of the Officer in the Case, (Not the Scientific Support Officer) to request the production of those albums using the FIM system. The FIM system will enable the officer to complete and submit form C614 (photographic request form) in these instances Part (B) and (C) of the form should be completed. That request must be made at the earliest opportunity to provide adequate time to complete the verification and production processes. In certain cases, it will be necessary to provide photographs for external agencies e.g., Coroner, Fire service, etc. and completion of Form C614 part D will provide for these requirements.

UK courts are now accepting digital images in PDF format, however, they can still request hard copy images if needed. All images should be presented so that the evidential content is not compromised. If there is pertinent material that can only be seen when the image is viewed in digital form, then provision should be made for appropriate playback equipment to be provided in court. It is generally accepted that the police should provide this equipment. In these cases, it should be established by liaison with CPS what means of display will be needed for court.

• Availability

The OIC will ensure that any data and audit trails are available for court to further ensure the transparency of the process and integrity of the imagery.

 

Disposal

 

In accordance with the Data Protection Act 1998 and the Dyfed Powys Police Records Management Policy care should be taken to dispose of all evidence in the appropriate time scales.

Cases of a serious nature i.e., murder, attempt murder, manslaughter, malicious wounding, sexual offences, child abuse/neglect aggravated burglary, robbery, kidnapping, and Royal visits will be stored within the ‘serious’ archive to ensure that they are retained for 100 years (with a review every 10 years).

All other jobs will be retained for six years plus the current year. At the end of this period the discs containing the images and any audit trails will be destroyed. The relevant entries on the imaging register containing details of the images will also be permanently deleted.

Release of Images

No images can be released prior to the completion of the prosecution process, without permission in writing, from the Crown Prosecution Service.

Any requests for the release of digital images to third parties after this will be referred to the force Data Protection Officer for approval.

When a disc containing images is created for release, the disc must be encrypted and the password sent separately via and authorised email address.   

 

3.  Powers and Policy/Legal Requirements

The legal basis for the exercise of powers and duties outlined in this policy are:

• Regulation of Investigatory Powers Act (RIPA) 2000
• Freedom of Information Act 2000
• European Convention on Human Rights
• Criminal Procedures and Investigations Act 1996
• Attorney General Guidelines on disclosure of evidence
• ACPO Good practice Guide for Digital Evidence – March 2012
• Data Protection Act 2018
• UK General Data Protection Regulation (UK-GDPR)
• DSTL Digital Imaging Procedure, version 3
• Management of Police Information (MOPI) guidance and Code of Practice.
• College of Policing Authorised Professional Practice (APP – Information Management)
• NPIA Practical Advice on Police Use of Digital Images.
• Criminal Justice Act 2003

Dyfed-Powys Police consider that these actions are necessary in a democratic society in the interest of, and to safeguard public safety.

Related Policies, Protocols, Practices, or Service Agreements

• Standard Operating Procedure for Digital Photography for trained officers in specialist Photographic Roles. Version 6
• Standard Operating Procedure for Simple to use Digital Cameras for Operational Police Officers Version 5

 

4.  Options and Contingencies

The policy owner is the Head of Forensic Services who has overall responsibility. The SSU Senior Manager and Senior Photographer are responsible for ensuring the policy is being adhered to, and that it is updated to reflect any changes in National guidance and Dyfed Powys Police procedures.

The procedures and processes identified within this policy are applicable to all Police Officers and staff who are involved in any aspects of digital imaging within DPP. Referral to Supervisors and managers for advice and guidance will be sought where deemed appropriate.

 

5. Take action and review

This policy will be reviewed annually by The Senior Photographer, Imaging Department, Scientific Support Unit. This review will ensure continued effectiveness of the policy, and take into account any changes to legislation, national guidance, etc. 

Effectiveness of the policy will be measured through the number of queries directed at the Department in regard to the digital imaging process, and the frequency of non-conformances of the policy identified.

Any significant failures within the procedures contained within the Digital Imaging Policy are referred for consideration to the Head of Forensic Services. 

 

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.

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.

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. 

EQUALITY IMPACT ASSESSMENT COMPLETED: October 2023