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Closed-Circuit Television to Monitor Selected Federal Property in 
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Report to the Chairman, Committee on Government Reform, House of 
Representatives:

United States General Accounting Office:

GAO:

June 2003:

Video Surveillance:

Information on Law Enforcement's Use of Closed-Circuit Television to 
Monitor Selected Federal Property in Washington, D.C.

GAO-03-748:

GAO Highlights:

Highlights of GAO-03-748, a report to the Chairman, Committee on 
Government Reform, House of Representatives 

Why GAO Did This Study:

Law enforcement use of closed-circuit television (CCTV) as a tool to 
fight crime and terrorism has become more prevalent over time. Civil 
liberties advocates have raised privacy concerns about its use.

This report describes (1) the Metropolitan Police Department’s and the 
United States Park Police’s implementation of CCTV to monitor public 
spaces in the Washington, D.C., metropolitan area such as the National 
Mall and (2) the management controls they established to address 
privacy concerns. GAO also identified experiences of selected CCTV 
users that provide insights to help ensure the proper CCTV use.

What GAO Found:

The Metropolitan Police Department of the District of Columbia’s CCTV 
system was implemented, among other things, to facilitate crowd 
management during large demonstrations; however, officials indicated 
that the system could also be used to help combat terrorism. The 
system is used on an as-needed basis for such things as crowd control 
and when the national terrorism threat level is set to high alert 
(code orange). The Metropolitan Police Department obtained public 
comments on its implementation of CCTV. In contrast, the United States 
Park Police uses CCTV, among other purposes, primarily to combat 
terrorism and operates its CCTV system on a continuous basis. The 
United States Park Police has not obtained public input on its 
implementation of CCTV, but it is considering providing the public an 
opportunity to provide input. 

The Metropolitan Police developed regulations and the United States 
Park Police developed draft policies for operating their CCTV systems. 
Both include management controls that address the protection of 
privacy and the proper use of CCTV such as the need for supervision to 
protect against improper use and the establishment of procedures to 
control access to CCTV images.

The experiences of CCTV users in the United Kingdom (UK) and selected 
U.S. cities revealed best practices for the implementation and use of 
CCTV. For example, UK and U.S. officials considered providing training 
and audits helpful to ensuring proper use of CCTV. Officials in the UK 
and others shared their best practices that include (1) operating CCTV 
systems in an open environment helps to alleviate privacy concerns; 
(2) having uniform standards helps to reassure the public that 
safeguards are in place when utilizing CCTV and provides CCTV 
operators guidance for proper use; and (3) establishing realistic, 
clear, and measurable goals helps make CCTV systems more effective and 
can also reassure the public about its use.

www.gao.gov/cgi-bin/getrpt?GAO-03-748.

To view the full report, including the scope and methodology, click on 
the link above. For more information, contact Rich Stana at (202) 512-
8777 or stanar@gao.gov.

[End of section]

Contents:

Letter:

Results in Brief:

Background:

MPDC and United States Park Police Implementation of CCTV:

MPDC and United States Park Police Officials Said that Regulations and 
a Draft Policy Address Concerns:

Experiences of Other CCTV Users in the United States and UK Reveal Best 
Practices for Other Interested Locations:

Concluding Observations:

Agency Comments and Our Evaluation:

Appendix I: Scope and Methodology:

Appendix II: Implementation of CCTV Systems in Selected U.S. Cities:

Appendix III: Implementation of CCTV Systems in the United Kingdom:

Figures:

Figure 1: Key Aspects of a CCTV System:

Figure 2: CCTV Cameras Monitoring Public Spaces:

Figure 3: A CCTV Control Room:

Figure 4: Scope of a CCTV Camera Surveillance Area:

Figure 5: Depiction of a CCTV Sign:

Figure 6: Police Officer Monitoring a CCTV System:

Figure 7: CCTV Monitor:

Abbreviations:

ABA: American Bar Association: 
ACLU: American Civil Liberties Union:  
CCTV: closed-circuit television:  
EPIC: Electronic Privacy Information Center:  
IACP: International Association of Chiefs of Police:  
MPDC: Metropolitan Police Department of the District of Columbia:  
SIA: Security Industry Association:  
UK: United Kingdom:

United States General Accounting Office:

Washington, DC 20548:

June 27, 2003:

The Honorable Thomas Davis Chairman Committee on Government Reform 
House of Representatives:

Dear Mr. Chairman:

Surveillance video cameras have become a growing presence in the public 
arena over the past several decades in stores, civic buildings, and 
even on public streets. As part of this trend, law enforcement has 
increasingly used closed-circuit television (CCTV)--which involves a 
linked system of cameras able to be viewed and operated from a control 
room--as a tool for fighting crime. Police departments in the United 
States commonly use CCTV to, among other things, deter, detect, and 
investigate crime and control crowds. Since September 11, 2001, law 
enforcement has also begun to use CCTV to combat terrorism. In 
particular, both the Metropolitan Police Department of the District of 
Columbia (MPDC) and the National Park Service's United States Park 
Police within the Department of the Interior have used CCTV systems to 
monitor certain public spaces[Footnote 1] under their jurisdictions in 
Washington, D.C. For example, the United States Park Police has 
responsibility for policing the area around the White House, the 
Franklin Delano Roosevelt Memorial, the Washington Monument, the 
Lincoln Memorial, the Jefferson Memorial, and the Vietnam Veterans War 
Memorial.

CCTV use in public spaces and varying methods of implementation have 
raised concerns among critics of CCTV use. Specifically, civil 
liberties advocates have raised issues concerning CCTV's potential 
impact on individual privacy as well as the potential for inappropriate 
use of CCTV systems and the mishandling of CCTV images. In addition, 
these advocates expressed concern about using the technology when its 
effectiveness for law enforcement use has not been proven. Civil 
liberties advocates propose that controls are needed to help ensure the 
protection of individual privacy and the proper use of CCTV systems. 
The American Bar Association[Footnote 2] (ABA) and other organizations 
have developed guidelines for CCTV users that address some of the 
issues raised by civil liberties advocates through the use of 
management controls. These include developing written operating 
protocols, establishing supervision and training requirements, 
providing for public notification, and requiring periodic audits.

This report responds to a request from former Representative Constance 
A. Morella in her capacity as Chair of the House Government Reform 
Subcommittee on the District of Columbia, asking us to examine several 
issues surrounding the use of CCTV to monitor public spaces. As 
discussed with your office, we are sending you this report because of 
your oversight responsibility for the District of Columbia. This report 
discusses:

* How MPDC and the United States Park Police have implemented their 
CCTV systems.

* How MPDC's and the United States Park Police's management controls 
respond to issues raised regarding individual privacy and the use of 
CCTV.

* Whether the experiences of other CCTV users in the United States and 
the United Kingdom (UK) offer useful insights for MPDC and the United 
States Park Police regarding the issues that have been raised.

To determine how MPDC and the United States Park Police have 
implemented their CCTV systems, we interviewed MPDC and United States 
Park Police officials and reviewed relevant laws, regulations, 
policies, and other documents. To determine how MPDC's and the United 
States Park Police's management controls responded to issues raised 
regarding the use of CCTV, we interviewed MPDC and United States Park 
Police officials. We did not evaluate or test compliance with MPDC's or 
the United States Park Police's management controls. We also 
interviewed representatives from the ABA, the American Civil Liberties 
Union[Footnote 3] (ACLU), the Electronic Privacy Information 
Center[Footnote 4] (EPIC), the International Association of Chiefs of 
Police[Footnote 5] (IACP), and the Security Industry 
Association[Footnote 6] (SIA) to obtain their views on the use of CCTV.

To learn about the experiences of CCTV users in other U.S. cities, we 
obtained documentation and interviewed officials and representatives in 
four U.S. locations--Baltimore, Maryland; Tampa, Florida; Columbia, 
South Carolina; and Virginia Beach, Virginia. These locations were 
selected for one or more of the following reasons: they had used CCTV 
for some time, had recently initiated the use of CCTV, were located 
close to D.C., or were using other technology in conjunction with CCTV. 
In addition, we visited the UK--a country that has used CCTV 
extensively to address crime and terrorism. We toured the control rooms 
and observed the operations of CCTV systems in some U.S. cities and in 
all of the UK locations visited. See appendix I for a more detailed 
discussion of our scope and methodology.

We performed our audit work from August 2002 to May 2003 in Washington, 
D.C., and the selected locations mentioned earlier, in accordance with 
generally accepted government auditing standards. We requested comments 
on a draft of this report from MPDC and the Department of the Interior, 
and their comments have been incorporated as appropriate.

Results in Brief:

MPDC and the United States Park Police have their own CCTV systems 
implemented independently of each other. The purpose of MPDC's CCTV 
system is to facilitate crowd management and allocate police resources 
during major public events and demonstrations with the intended purpose 
of deterring crime such as destruction of property. The system is also 
used to coordinate traffic control on an as-needed basis. Finally, the 
system is used during exigent circumstances. In this regard, a senior 
MPDC official said that CCTV has the dual purpose of helping to combat 
terrorism. The D.C. City Council is considering whether CCTV might be 
used to fight crime in neighborhoods. According to its regulations, 
MPDC's system is to be operated on a limited basis during certain 
events such as major demonstrations or exigent circumstances such as 
when the Department of Homeland Security's national threat level is 
increased to high alert (code orange). MPDC obtained public comments on 
its implementation of CCTV. In contrast, the United States Park Police 
states that CCTV is to be used to counter terrorism but recognizes that 
it can be used to deter and detect crime as well. The United States 
Park Police is operating its system on a continuous basis. The United 
States Park Police has not obtained public input on the implementation 
of its CCTV system; however, it is considering doing so. MPDC has 
disclosed the locations of its cameras to the public, whereas the 
United States Park Police has chosen not to do so because of concerns 
about vandalism and concerns that individuals may attempt to defeat the 
system. For civil liberty advocates concerned about CCTV use, the 
unpredictability of how MPDC and the United States Park Police might 
use their CCTV systems, where it might be used, and when it might be 
used, contribute to their uneasiness about its use and a desire for 
controls on its use.

MPDC has adopted regulations, and the United States Park Police is in 
the process of developing a policy that includes management controls 
for operating their CCTV systems. According to officials from both 
police forces, they incorporated suggestions from guidelines published 
by the ABA, IACP, or SIA when developing their regulations and 
policies. MPDC's regulations and the United States Park Police's 
proposed policy include management controls such as providing for 
training and periodic audits to address concerns raised about improper 
use of CCTV systems. In addition, MPDC has received feedback from the 
public on its regulations. The ABA reviewed the draft regulations and 
indicated that it complies with the ABA's standards. However, a 
nonprofit scholarship and advocacy organization called the Constitution 
Project also reviewed MPDC's regulations and concluded that the 
regulations lacked clarity and specificity in some areas, such as 
training of CCTV operators. The United States Park Police's policy is 
in draft form and has not been reviewed outside of the Department of 
the Interior.

The experiences of CCTV users in the UK and the selected U.S. cities 
revealed best practices regarding the implementation and use of CCTV. 
For example, UK and U.S. officials considered providing training and 
conducting audits helpful to ensuring proper use of CCTV. Because of 
their extensive use of CCTV, UK officials were able to provide more 
experiences from which to learn and could offer useful insights for 
CCTV use. Officials in the UK shared their views that (1) operating 
CCTV systems in an open environment helps to alleviate privacy 
concerns; (2) having uniform standards helps to reassure the public 
that safeguards are in place when utilizing CCTV and provides CCTV 
operators guidance for proper use; and (3) establishing clear, 
realistic, and measurable goals helps make CCTV systems more effective 
and can also reassure the public about its use. Clear and measurable 
goals identify the problems to be addressed by CCTV and can include a 
range of measures to determine whether goals have been achieved, such 
as the change in crime levels or the change in public attitudes about 
crime. Researchers and others recognize the importance of measuring 
effectiveness to justify the potential impact on individuals' civil 
liberties and the costs associated with its use. At the same time, most 
CCTV users have not statistically measured the effectiveness of their 
CCTV systems and could only provide anecdotal evidence to demonstrate 
its effectiveness. CCTV users both in the UK and the selected U.S. 
cities told us that the effectiveness of CCTV is difficult to measure.

We provided a draft of this report to and received comments from 
officials representing MPDC and the Department of the Interior. 
Officials from both departments generally agreed with the report and 
our presentation of information regarding their CCTV use. The 
Department of the Interior provided technical comments, which were 
included as appropriate. MPDC had no technical corrections.

Background:

CCTV is a visual surveillance technology designed for monitoring a 
variety of environments and activities. CCTV systems typically involve 
a dedicated communications link between cameras and monitors. Digital 
camera and storage technologies are rapidly replacing traditional 
analog systems. A CCTV system involves a linked system of cameras able 
to be viewed and operated from a control room.

Figure 1: Key Aspects of a CCTV System:

[See PDF for image]

[End of figure]

CCTV systems have evolved considerably over time and tend to fall into 
three different generations. The first generation consisted of wide-
angle, fixed cameras (referred to as shoe boxes) that were targeted to 
crime hotspots. The second generation consisted of cameras that could 
be moved using a joystick in the control center focused on specific 
events or people, zooming in for closer scrutiny. The third generation 
uses both types of cameras with the additional capabilities to include 
software such as facial recognition or license plate 
recognition.[Footnote 7] Relatively new features in CCTV technology 
that enhance its power and scope include night vision cameras, 
computer-assisted operations, and motion detectors. A camera that is 
integrated with a motion detection system would, for example, enable 
alerted law enforcement staff in a control room to remotely investigate 
potential security incidents such as a terrorist placing a package in 
an isolated location. Most CCTV systems are actively monitored by 
security or law enforcement personnel in a centralized setting, or they 
can be passively taped for future viewing if needed (such as in the 
event of a robbery).

The private sector began using CCTV in the early 1960s, first in banks, 
and later in commercial buildings. By the 1970s, CCTV was deployed in 
hospitals, all-night convenience stores, and many other commercial 
areas. The private sector also began to use CCTV in retail stores to 
monitor for shoplifters and in hotels to help secure the safety of 
their guests. CCTV technology advanced during the 1980s with the 
introduction of video recorders, and even more in the 1990s with the 
introduction of digital technology. CCTV is also used in public safety-
related applications across the United States, including traffic 
control, special events, public transportation, and public schools.

CCTV use by law enforcement to fight crime and terrorism is an evolving 
application of the technology. According to a number of reports, CCTV 
can benefit law enforcement in many ways. A survey of law enforcement 
agencies conducted by the IACP found that CCTV was useful in areas such 
as investigative assistance and evidence gathering. The survey 
identified other law enforcement benefits from CCTV use such as 
reducing time in court for officers, protecting police officers against 
claims of police misconduct, and using recorded images to train 
officers. A report by RAND[Footnote 8] noted that proponents of video 
and similar types of surveillance claim that it prevents crime by 
deterrence, especially when overt surveillance activities remind 
potential criminals of police presence and observation. The same report 
also states that, if an area under surveillance becomes a crime scene, 
the surveillance can both alert police to the need for an operational 
response and/or provide evidence for subsequent criminal investigation 
and prosecution. A study commissioned by the SIA also stated that CCTV 
has the ability to enhance law enforcement capabilities by enabling 
officers to be deployed in areas that require more traditional police 
work (such as foot patrols where officers can interact with 
individuals), enabling the CCTV cameras to be used for general 
surveillance.

In the context of law enforcement surveillance activities, a common 
conception of privacy stems from criminal cases interpreting the Fourth 
Amendment of the Constitution. The Fourth Amendment protects people 
from unreasonable searches and seizures. According to the Supreme 
Court, if the person under surveillance has a reasonable expectation of 
privacy, the Fourth Amendment applies, and a warrant is generally 
required to conduct a lawful search. Conversely, if the person under 
surveillance does not have a reasonable expectation of privacy, the 
Fourth Amendment does not apply, and no warrant is required for police 
surveillance.[Footnote 9] Applying these principles, the 10th Circuit 
Court of Appeals upheld the use of surveillance cameras placed on a 
public street without a warrant on grounds that "activity a person 
knowingly exposes to the public is not a subject of Fourth Amendment 
protection, and thus, is not constitutionally protected from 
observation."[Footnote 10]

While there is generally no reasonable expectation of privacy under the 
Fourth Amendment for activities visible to the public, the ACLU and 
EPIC have argued that the use of surveillance systems to monitor public 
spaces may nevertheless infringe upon freedom of expression under the 
First Amendment. There does not appear to be any federal case law 
interpreting whether police use of video surveillance devices may 
infringe upon First Amendment rights. However, ACLU and EPIC believe 
that CCTV might "chill" protesters from demonstrating in public spaces 
such as on the National Mall and elsewhere in D.C. knowing that their 
images might be captured on police recordings.[Footnote 11] There is 
also concern that CCTV cameras equipped with enhanced features, such as 
zoom capabilities, may give police the ability to read and record the 
print on political fliers being distributed in public places and to 
identify individuals engaged in political speech, which, in their view, 
undercuts the ability of citizens to engage in anonymous free 
speech.[Footnote 12]

ACLU and EPIC officials said that they would like to see controls in 
place to help guard against improper use of CCTV systems and the 
mishandling of CCTV images. In addition, ACLU officials said that 
controls directing the use of CCTV should contain specific provisions 
for protecting CCTV images that include whether CCTV images are being 
recorded, under what conditions, and how long the recordings are 
retained, as well as criteria for access to CCTV images by the 
government or the public. An EPIC official also said that controls 
should address access, storage, and disclosure of records.

In the UK, CCTV and video surveillance have been used extensively. As 
of 2002, about 75 cities were using CCTV to monitor urban centers, and 
approximately 95 percent of all local governments were considering its 
use as a law enforcement tool. In 1990, according to the UK Home 
Office,[Footnote 13] the UK had approximately three CCTV systems 
operated by local governments comprised of about 100 cameras. By the 
end of 2002, Home Office officials estimated that the UK had 
approximately 500 CCTV systems operated by local governments comprised 
of about 40,000 cameras. Nonlaw enforcement staff generally operate the 
CCTV systems in the locations we visited in the UK. In most cases, the 
systems were set up to address street-type crimes such as robbery, car 
theft, harassment, and public drunkenness. The UK CCTV systems that we 
observed had control rooms that were operational 24 hours per day, 7 
days per week, and all maintained digitally recorded images. The UK 
Home Office provided funding for 684 CCTV systems as of October 2002, 
though not all were operational at the time. Home Office officials said 
that the level of funding per location has ranged from about $50,000 to 
$12 million to implement CCTV in town centers, parking garages, and 
residential areas.

During the 107th Congress, a Senate bill was introduced that would have 
established a commission to evaluate the use of investigative and 
surveillance technologies, including surveillance cameras, to meet law 
enforcement and national security needs in the manner that best 
preserves individual privacy.[Footnote 14] Under the proposed 
legislation, the commission was to investigate and report on standards 
for using, selecting, and operating such technologies and to make 
recommendations for legislation or administrative actions, as 
appropriate. However, the bill was not enacted.

MPDC and United States Park Police Implementation of CCTV:

MPDC and the United States Park Police have implemented their CCTV 
systems with varying purposes and guiding protocols. The purposes of 
MPDC's and the United States Park Police's CCTV systems differ; 
however, both entities have installed cameras in locations that are at 
high risk for terrorist attacks. When the Department of Homeland 
Security's national threat level was increased to high alert (code 
orange), MPDC and the United States Park Police utilized CCTV on a 
continuous basis. Both MPDC and the United States Park Police view 
their CCTV systems from secure control rooms, and each entity's CCTV 
cameras have enhanced features, such as zoom capabilities. MPDC, acting 
under D.C. law, has issued regulations pursuant to D.C. statute that 
provide operating protocols to govern its use of CCTV, whereas the 
United States Park Police's use of CCTV is not specifically governed by 
any federal law or regulation. However, the United States Park Police 
is in the process of developing a policy applicable to its use of CCTV.

Figure 2: CCTV Cameras Monitoring Public Spaces:

[See PDF for image]

[End of figure]

MPDC Operates CCTV on a Limited Basis:

MPDC's CCTV system is generally intended to help manage public 
resources (such as police officers) during major public events and 
demonstrations and to coordinate traffic control on an as-needed basis. 
In addition to these purposes, the system may be utilized during 
exigent circumstances (e.g., periods of heightened alert for terrorism) 
as designated by the police chief. While the purpose of MPDC's CCTV 
system is to manage public resources and to control traffic, it could 
be used for monitoring crime as well. For example, although CCTV can be 
used to deploy police resources in order to maintain crowd control, the 
implied reasoning for deploying officers to maintain control would be 
to deter or prevent criminal activity, such as looting and rioting.

MPDC has used CCTV cameras for events such as the Fourth of July 
celebration in 2002 and antiwar demonstrations in 2003. According to a 
senior MPDC official, the CCTV cameras are not operational on a 24-hour 
basis; they are activated only during certain events and are turned off 
when the event ends. For example, the Chief of Police said that 
political demonstrations resulted in MPDC activating and deactivating 
the cameras only to reactivate them again when the Department of 
Homeland Security increased the national threat level to high alert 
(code orange).

MPDC has increased its CCTV system operations over time and has the 
capability to expand its operations by accessing other CCTV systems. A 
senior MPDC official said that MPDC's CCTV system had been increased 
from two cameras in April 2000, to 14 cameras with pan, tilt, and zoom 
capabilities. The cameras are monitored from a control room called the 
Joint Operations Command Center[Footnote 15] located within MPDC's 
headquarters. According to the MPDC Chief of Police, the locations of 
the cameras throughout D.C. were chosen because they were thought to be 
locations that were at the highest risk for terrorism. MPDC can obtain 
real-time video images from other D.C. agencies, including the District 
of Columbia Public Schools. These agencies must first give MPDC access 
to their camera images. In addition, MPDC can access real-time video 
images from certain private entities in the D.C. metropolitan area, 
although a D.C. official said that MPDC has not been doing so. MPDC's 
CCTV cameras were purchased and maintained with city funds.

Figure 3: A CCTV Control Room:

[See PDF for image]

[End of figure]

MPDC Has Regulations That Govern Its Use of CCTV:

MPDC drafted regulations and an implementing general order on the use 
of CCTV in June 2002. These documents were made available to the ABA 
for approval on their contents to help ensure that they reflected ABA 
standards. MPDC incorporated ABA's comments when formulating proposed 
rules to govern the use of its CCTV system, and the Mayor presented the 
proposed rules to the D.C. City Council. At a hearing before the D.C. 
City Council, witnesses testified that the use of CCTV should be 
legislated by the D.C. Council before any further consideration of 
MPDC's proposed rules. The council subsequently enacted a D.C. 
statute,[Footnote 16] which required MPDC to issue CCTV regulations 
subject to the approval of the D.C. City Council. MPDC's proposed 
regulations were subsequently published in the D.C. Register for public 
comment on September 6, 2002.[Footnote 17] The D.C. Council passed a 
resolution approving the proposed regulations on November 7, 2002. The 
final regulations set out the above-mentioned purposes of D.C.'s CCTV 
system and provide operating protocols for its use.[Footnote 18]

However, the D.C. City Council plans to consider CCTV legislation 
during the current council period that would, if enacted, impose 
additional requirements on the use of CCTV (such as a requirement to 
obtain a court order to use video surveillance technology with certain 
telescopic zoom capabilities) and would require MPDC and other D.C. 
government agencies to promulgate regulations consistent with the 
legislation.[Footnote 19] In addition, the bill would authorize a pilot 
project for the purpose of evaluating the effectiveness of video 
surveillance as a crime prevention tool. In particular, the bill would 
allow the installation of video surveillance technology in two D.C. 
neighborhoods for a period not to exceed 1 year to assess whether it 
was an effective crime prevention tool. D.C. residents, neighborhood 
organizations, and advocacy groups provided testimony both for and 
against MPDC's use of CCTV during public hearings held in December 2002 
on the proposed bill.

United States Park Police Operating CCTV on a Continuous Basis:

The United States Park Police is installing CCTV cameras to combat 
terrorism and to further law enforcement and public safety objectives. 
According to the Chief of the United States Park Police, the United 
States Park Police's CCTV system is to operate cameras located along 
the Monumental Core. The United States Park Police used CCTV for a 
single day on July 4, 2002, during the celebrations on the National 
Mall, and then the system was turned off pending completion of system 
implementation and the development of a policy. The United States Park 
Police developed a one-page policy for its use of CCTV on this day, and 
this policy became inactive at the end of the day. According to the 
Chief, the United States Park Police initially planned to wait until 
its policy was complete to resume the operation of its CCTV system; 
however, they used the cameras during large-scale demonstrations on the 
National Mall and when the Department of Homeland Security increased 
the national threat level to high alert (code orange). Subsequently, 
officials said that the United States Park Police's CCTV system has 
been used continuously since March 2003, following a security-related 
incident on the National Mall. The CCTV system was operated under a 
draft policy each time it was activated. The United States Park Police 
staff monitors the cameras from a secured, controlled access United 
States Park Police facility. According to the Chief, as of May 2003, 
the United States Park Police continues to add cameras to its system 
and is operating under the auspices of a draft policy. The United 
States Park Police does not plan to publicly disclose the exact 
locations or the number of cameras used in their system due to their 
concerns that individuals could use this information to defeat the 
system or vandalize the cameras. According to United States Park Police 
officials, the decision to post signs indicating that CCTV is in use is 
currently under evaluation, and a decision had not been made at the 
time of our review.

Some of the United States Park Police's cameras have pan, tilt, and 
zoom capabilities and others have motion detecting capabilities. The 
Chief of the United States Park Police said that their choice of CCTV 
equipment was based on what was determined to be the most appropriate 
technology at the time. According to the Chief, the United States Park 
Police does not have plans to network its cameras to other agencies 
such as MPDC, though the cameras are equipped to do so. The Chief said 
that, in addition to viewing its own CCTV monitors, the Park Police is 
authorized to view MPDC's monitors in MPDC's Joint Operations Command 
Center. The United States Park Police's CCTV system is being purchased 
with appropriated funds at a cost of approximately $2.037 million.

United States Park Police Is Developing a Policy to Guide Its Use of 
CCTV:

The United States Park Police's use of CCTV is not specifically 
governed by any federal law or regulation. While there may be 
limitations protecting individuals against abuse of CCTV by federal law 
enforcement officers, such limitations do not arise from federal laws 
or regulations specifically addressing how federal law enforcement 
agencies are to use CCTV.[Footnote 20] However, the United States Park 
Police is in the process of developing a CCTV policy. As of May 2003, 
the United States Park Police is in the process of finalizing a draft 
policy that is to guide the use of its CCTV system, and its policy has 
not been reviewed outside the Department of the Interior. According to 
an Interior official, the United States Park Police is not required to 
obtain public comment on its proposed CCTV policy; however, it is 
considering providing the public an opportunity to comment.

MPDC and United States Park Police Officials Said that Regulations and 
a Draft Policy Address Concerns:

MPDC officials said that they had adopted regulations, and United 
States Park Police officials said that they were drafting a policy to 
address issues raised by civil liberties advocates. Both the 
regulations and the draft policy have incorporated management controls 
to address issues regarding individual privacy and the proper use of 
CCTV. Regarding the issue of CCTV effectiveness, MPDC and the United 
States Park Police both maintained that CCTV is an effective law 
enforcement tool and that they plan to measure the effectiveness of 
their CCTV systems. However, both entities are of the opinion that 
measuring CCTV effectiveness may be difficult.

MPDC and United States Park Police CCTV Privacy Policies:

MPDC's regulations and the United States Park Police's draft policy 
address the protection of individual privacy in the following ways: 
MPDC's regulations state that the CCTV cameras are to be used to 
observe locations that are in public view where there is no reasonable 
expectation of privacy. A senior MPDC official said that MPDC's CCTV 
cameras are equipped with software that blocks the viewing of private 
areas, such as apartment windows and residential backyards. According 
to the Chief of Police, the United States Park Police has taken a 
similar position. This official said that they would focus their 
cameras on public park areas and public activities where there is no 
constitutionally protected expectation of privacy.

Figure 4: Scope of a CCTV Camera Surveillance Area:

[See PDF for image]

[End of figure]

MPDC and the United States Park Police both maintain that their CCTV 
systems are to be operated in public spaces without infringing on 
individuals' First Amendment rights. MPDC's regulations state that 
under no circumstances is the CCTV system to be used for the purpose of 
infringing on First Amendment rights. The regulations state that CCTV 
operators are not to focus on hand bills or fliers that are being 
distributed or carried pursuant to First Amendment rights. According to 
the Chief of the United States Park Police, the department is also 
committed to ensuring that individuals are able to freely exercise 
their First Amendment rights. The United States Park Police's draft 
policy states that CCTV operators are not to target or focus on the 
faces of individuals engaging in First Amendment protected activities 
unless there is an indication of a criminal activity or threat to 
public safety. In addition, according to the Chief, the United States 
Park Police's draft CCTV policy strikes a balance between providing 
safety for citizens and protecting the privacy of demonstrators at 
various rallies and protests on the National Mall.

MPDC and the United States Park Police CCTV Management Controls Address 
Proper Use of CCTV Systems:

MPDC and United States Park Police officials have in place or are 
putting in place, respectively, management controls for operating their 
CCTV systems and handling CCTV images. Specifically, MPDC's regulations 
and the United States Park Police's draft policy address the need for 
appropriate supervision to protect against inappropriate use of their 
systems and establish procedures for appropriate access to and handling 
of CCTV images. According to MPDC's regulations, only the Chief of 
Police is to authorize use of the CCTV system. This authorization must 
be in writing except in situations involving exigent circumstances or 
demonstration purposes. In addition, an official in the rank of 
Lieutenant or above is to be present at all times during system 
activation and usage and is to supervise and monitor the CCTV 
activities. Only certified operators are to be allowed to operate the 
system. MPDC's regulations state that every system activation is to be 
documented and that the activation information is to include the 
disposition of any observed incidents, a copy of any written 
authorizations pertaining to each activation, the names of any 
individuals activating the system, and documentation of when activation 
began and ended. The United States Park Police's draft policy states 
that the supervisory official assigned to, or responsible for, the 
control room is to monitor the activities of assigned personnel to 
ensure full compliance with the policy statement. All CCTV system 
operators are to be trained and supervised while operating the system. 
To ensure compliance with its regulations, MPDC's regulations state 
that audits are to be conducted by its Office of Professional 
Responsibility on at least a quarterly basis. According to a senior 
MPDC official, a compliance audit had been completed recently and found 
that the system was in full compliance with MPDC's regulations. 
Similarly, the Chief of the United States Park Police said that random 
audits are to be performed to ensure that the CCTV system is used 
properly.

Furthermore, MPDC's regulations state that unauthorized use or misuse 
of the CCTV system by operators is subject to criminal prosecution and/
or administrative sanctions, including termination. A policy drafted by 
the United States Park Police states that their CCTV cameras are to be 
operated and supervised by the United States Park Police in a 
professional manner and only to further legitimate law enforcement and 
public safety objectives. In addition, the United States Park Police 
draft policy states that no person is to be targeted or monitored 
merely because of race, religion, gender, or political affiliation. 
Further, the Chief of the United States Park Police said that the 
United States Park Police does not plan to make use of the zoom 
capability unless suspicious activity is detected.

MPDC and the United States Park Police have addressed data collection 
and management issues by restricting access to their CCTV systems and 
outlining the security procedures for maintaining recorded images. MPDC 
houses its CCTV system in a secure control room, which is protected 
against unauthorized access by the use of bar-coded identification 
cards and a palm-print recognition system. Only federal agencies with a 
valid interest in viewing the cameras, such as the Federal Bureau of 
Investigation and the United States Park Police, are to gain access to 
the CCTV control room. According to the Chief of Police, agencies that 
have access to the Joint Operations Command Center are required to sign 
a memorandum of understanding stating that they will comply with MPDC 
regulations. According to MPDC's regulations, the Chief of Police is to 
issue written authorization prior to recording any CCTV images, except 
in exigent circumstances or when recording is being done pursuant to a 
court order. The regulations also require that every recording is to be 
documented in the same manner as every system activation and that all 
recorded CCTV footage is to be secured. The regulations further state 
that recordings will be retained for 10 business days and then 
destroyed, unless they are to be retained as evidence in a criminal 
case, a civil suit against MPDC, or for training purposes, as 
authorized in writing by the Chief of Police. Recordings retained for 
criminal or civil proceedings must be secured as evidence; recordings 
retained for training purposes may only be retained for as long as they 
are actively used.

United States Park Police draft policy states that CCTV images are to 
be transmitted through secured channels, and monitoring of the CCTV 
cameras is to be done from a controlled facility. Access to the 
controlled facility, as well as access to live or recorded CCTV images 
is to be limited to authorized personnel, for law enforcement and 
public safety purposes, or for civil litigation and disciplinary 
purposes. In order for another law enforcement agency to gain access to 
the recorded CCTV images, the Chief of the United States Park Police 
opined that there would need to be a clear nexus with a crime. 
Additionally, according to the draft policy, recordings are to be 
retained for no more than 6 months and then destroyed unless needed as 
evidence for a documented criminal incident. The draft policy also 
states that in the event that a video recording needs to be retained 
for more than 6 months, the reason, length of time, and chain of 
custody is to be documented.

MPDC and the United States Park Police Perceive Measuring the 
Effectiveness of CCTV to be Difficult, but Plan to Develop Measures:

A D.C. official said that the effectiveness of MPDC's CCTV system is 
difficult to measure because of its limited use of the cameras. 
Further, the Chief of Police said that crime statistics could not be 
used to evaluate the effectiveness of the cameras since MPDC currently 
does not use the cameras specifically to detect crime. The regulations 
state that the general purpose of the cameras is to help manage public 
resources during major public events and demonstrations and to 
coordinate traffic control. This purpose reflects a mission of 
deterring crime and minimizing traffic problems. Measuring deterrence 
can be difficult without a comparison between similar areas with and 
without CCTV. Measuring CCTV effectiveness may be further complicated 
by the use of other law enforcement interventions such as improved 
lighting and notices about CCTV. Thus, demonstrating a direct cause and 
effect relationship between decreased crime and CCTV may not be easy to 
do.

MPDC's CCTV regulations require MPDC to prepare an annual report that 
includes, among other things, an evaluation of whether the cameras have 
achieved their purposes as outlined in the regulations. According to a 
senior MPDC official, an annual report has not been prepared to date 
because the system has not been operational for one year. Although 
crime control is not the stated purpose of MPDC's CCTV system, an MPDC 
official said that MPDC's CCTV cameras have caught crimes. The official 
provided an anecdotal example of the system's effectiveness--the CCTV 
cameras were activated for a high-profile sporting event and 
subsequently caught some car thieves.

United States Park Police officials also said that it has been 
difficult to find measures of effectiveness for such things as crime 
prevention related to CCTV use. To measure effectiveness of their CCTV 
system, the Chief of the United States Park Police said that once their 
system is activated, they plan to track arrests made resulting from 
camera use.

Overall, both MPDC and the United States Park Police view CCTV as a 
valuable complement to their other policing efforts. MPDC and United 
States Park Police officials said that they have received positive 
feedback from the community, including, in some cases, requests for 
more CCTV cameras and in others, gratitude from residents for going the 
extra mile to make them feel safe.

Public Feedback on MPDC's Regulations:

MPDC made its regulations available for public comment and held 
hearings regarding the operation of its CCTV system. At hearings, MPDC 
received positive and constructive feedback regarding its CCTV 
regulations. MPDC also received positive feedback from the ABA 
regarding its regulations. ABA reviewed MPDC's draft regulations in 
comparison with its published standards and concluded that MPDC's 
regulations comply with ABA's standards on video surveillance.

Other feedback was less positive. The Constitution Project, a nonprofit 
scholarship and advocacy organization, provided draft comments on 
MPDC's regulations and noted several areas that lacked clarity and 
specificity. For example, the Constitution Project stated that 
comprehensive training and instruction for CCTV operators is essential 
to enable them to better navigate the line between appropriate 
investigation and infringement of civil liberties, noting that there 
are no provisions in MPDC's regulations that detail what credentials 
and training are required to obtain certification to operate the CCTV 
system.

The Constitution Project also commented, among other things, that 
posted signs indicating the presence of CCTV cameras should contain 
contact information of an independent entity that concerned residents 
can contact should they believe that the cameras' presence is invasive, 
unnecessary, or utilized improperly. Further, the Constitution Project 
stated that the audit provisions in MPDC's regulations raise the larger 
question of whether the entity conducting the audit is sufficiently 
independent to perform a credible audit function.

Experiences of Other CCTV Users in the United States and UK Reveal Best 
Practices for Other Interested Locations:

Officials in the selected U.S. cities and in the UK shared with us 
practices that they considered beneficial to help ensure proper and 
effective use of CCTV systems. Because of their extensive use of CCTV 
to deter, detect, and investigate crime, the experiences from UK 
officials offered a greater number of best practices than the selected 
U.S. cities, though models from other countries are not always 
applicable to the United States. Like MPDC and the United States Park 
Police, the UK and the selected cities have grappled with how to 
measure the effectiveness of their CCTV systems.

Public Notice Helps to Address Privacy Concerns:

UK officials said that gaining acceptance of their CCTV systems was 
based on having honest, open, and fair communication between the 
community and the authorities. CCTV users who managed the CCTV systems 
in the UK said that obtaining buy-in from stakeholders such as the 
public, in addition to operating the system in an open environment, was 
an important factor in mitigating concerns about the use of CCTV. For 
example, according to a UK official, one borough invited the public 
(and in some instances, former and suspected criminals) to tour its 
control room to show them the reality of how the system is used to 
identify criminals.

Figure 5: Depiction of a CCTV Sign:

[See PDF for image]

[End of figure]

Like MPDC and the United States Park Police, many of the selected U.S. 
cities encountered concerns and skepticism by the ACLU and others 
regarding their use of CCTV to monitor public spaces. In some cases, 
the public has also voiced concerns about how CCTV may be used and 
whether it might infringe upon their individual privacy. In response to 
the privacy concerns, CCTV users in the selected U.S. cities have 
generally provided citizens with notification of the intent to use CCTV 
and provided avenues for the public to comment and provide feedback. 
Each city posted signage that indicated that CCTV was in use. Also, 
CCTV users in some of the selected cities allowed the public to comment 
on aspects of the CCTV system through community meetings and public 
hearings. Officials in one city said that the public was also informed 
through a media campaign that detailed the specifics of the CCTV 
system. The Chief of Police in one city said that he had personally 
held conversations with residents to assure them that the CCTV cameras 
would not compromise their privacy.

Having Standards Helps to Alleviate Objections to the Use of CCTV:

The UK government saw a need to establish controls over the use of CCTV 
systems in order to maintain public confidence. UK officials generally 
recognized the importance of having regulations in place to govern CCTV 
systems, stating that having standards makes citizens feel more 
comfortable and safe regarding how the system is being operated. CCTV 
standards were established through the Data Protection Act of 
1998.[Footnote 21] Among other things, the standards addressed 
individual privacy issues in relation to CCTV use. According to a UK 
official, there was no statutory basis for systematic legal control of 
CCTV surveillance over public areas in the UK until March 2000, when 
the Data Protection Act of 1998 was implemented.

The Data Protection Act is the principal legislation that impacts the 
operation of public space CCTV systems in the UK. Under the Data 
Protection Act, the UK Information Commissioner[Footnote 22] issued a 
CCTV Code of Practice to provide specific standards to CCTV operators 
on how to comply with the act's data handling principles. According to 
the UK Information Commissioner, the Code of Practice has the dual 
purpose of assisting CCTV operators to understand their legal 
obligations while also reassuring the public of the safeguards that 
should be in place when utilizing CCTV. The Code of Practice also 
indicates standards that are not strict legal requirements, but 
represent good practice. UK Home Office officials said that CCTV users 
follow the Code of Practice and comply with the Data Protection Act of 
1998 because they recognize that the act and the code both help to 
alleviate objections to the use of CCTV.

For the selected U.S. cities, there were no state laws or regulations 
specifically governing how state or local law enforcement officers were 
to use CCTV systems to monitor public spaces. While there may be 
limitations on law enforcement's use of CCTV in these states, such 
limitations do not stem from comprehensive state CCTV laws or 
regulations.[Footnote 23] However, police departments in these cities 
generally had policies, which varied in detail and in content, to 
govern the use of their CCTV systems. Organizations, including the ABA, 
IACP, and SIA, have developed standards and guidelines that address 
privacy issues and controls on CCTV use. ABA saw a need to develop 
standards in order to help ensure that law enforcement agencies are 
aware of all the relevant considerations with regard to CCTV use and to 
prompt these agencies to create their own internal guidelines for the 
use of CCTV technology. According to the IACP and SIA they collaborated 
to produce guidelines because, despite the prevalence of CCTV use on 
national and local levels, there were no consistent policies or 
procedures guiding the use of CCTV systems. The IACP and SIA recommend 
that law enforcement agencies and public safety officials adopt some or 
all of their guidelines to assist in their use of CCTV.

Figure 6: Police Officer Monitoring a CCTV System:

[See PDF for image]

[End of figure]

Clear Goals and Purpose Help Ensure Appropriate Use and Alleviate 
Concerns Raised:

To help ensure that CCTV systems are used effectively, some CCTV users 
in the UK indicated that it is important to have a plan prior to the 
implementation of the CCTV system that should include clear, realistic, 
and measurable goals for the CCTV system, as well as how CCTV might 
address the goals. For example, clear goals would include, among other 
things, identifying the highest-priority problems to be addressed by 
the system, problem locations, and what is to be observed. UK officials 
also said that matching the CCTV technology to the purpose and goals of 
the system is a key factor in the effective use of CCTV. For example, 
if the purpose of the CCTV system is to deter crime, CCTV users may not 
need cameras that pan, tilt, and zoom. Rather, the CCTV users may 
determine that viewing and/or recording activity from fixed cameras 
used to observe broad areas is sufficient to meet their needs. However, 
if the purpose of the CCTV system is to detect crime and intervene, a 
CCTV user may consider continuously monitoring the CCTV cameras in 
order to be able to quickly respond to certain incidents. Clear and 
measurable goals identify the problems to be addressed by CCTV and can 
include a range of measures to determine whether goals have been 
achieved, such as the change in crime levels or the change in public 
attitudes about crime.

CCTV users in the selected cities whose CCTV systems were fully 
operational have been able to make the systems more effective and 
respond to some privacy concerns by appropriately matching the 
technology being used with the intended purpose. In one instance, a 
representative said that the ACLU's concerns were mitigated because 
they installed cameras without enhanced features, such as zoom 
capabilities. They said that limited monitoring of the CCTV images, 
along with the fact that the cameras do not pan, tilt, or zoom limits 
the potential for the invasion of individual privacy. In contrast, CCTV 
users in selected cities that installed cameras that did pan, tilt, or 
zoom lessened their chances of abuse by reducing the time spent 
visually monitoring the cameras. For example, in two cities, CCTV users 
only monitored the cameras during designated times or at designated 
events, such as Sunday nights preceding Monday holidays in a busy 
entertainment district. Officials in one of the two cities said that 
the cameras were visually monitored everyday during the tourist season 
and only monitored on weekends during the off-season.

Training and Audits May Help to Ensure Proper Use of CCTV:

UK officials said that they preferred a well-trained and professional 
staff to operate their CCTV system. According to one UK official, CCTV 
systems involve human interaction, requiring a manager and requiring 
training on how to use the system. The official also said that the most 
successful CCTV systems have good managers, good training, and sound 
procedures.

UK officials have identified performing audits of CCTV systems as a way 
to hold CCTV users accountable for their actions and deter misuse while 
operating CCTV systems. In one UK location, the activities of each CCTV 
operator can be traced and audited via computer. In addition, a CCTV 
user in the UK planned to employ the use of outside inspection teams to 
perform random audits. The inspection teams are to have full authority 
to observe how the CCTV system is being operated, although the CCTV 
system observed had not yet performed any audits at the time of our 
visit.

In the selected U.S. cities, CCTV operators were trained to use CCTV by 
the vendor providing the CCTV technology, or in some cases, by senior 
management. For example, one city official said that the city's CCTV 
vendor would provide a minimum of approximately 2 to 3 days of training 
on the use of the CCTV system in two parts: (1) command and control of 
the system and (2) retrieving CCTV images from the system.

CCTV users in selected U.S. cities also found audits to be helpful. To 
help ensure that CCTV systems are not misused, an official in one city 
said that the city formed a steering and audit committee comprised of 
citizens to ensure that CCTV operations were in compliance with written 
procedures in order to avoid misuse of the CCTV system. Another city 
official said that committee members were allowed to visit the CCTV 
control room whenever they wanted to review the recorded CCTV images. 
An official in another city said that, while not an audit per se, they 
would review tapes for inappropriate use of the cameras. For example, 
he said that review of the tapes would allow them to determine if the 
officers monitoring the cameras were focusing voyeuristically on women.

Figure 7: CCTV Monitor:

[See PDF for image]

[End of figure]

Procedures for Handling Data Helps to Ensure Data Are Used 
Appropriately:

CCTV users in the United States and the UK have indicated that an 
important consideration in handling CCTV images is providing controls 
to guard against abuse or misuse that enable CCTV users to operate CCTV 
systems openly enough to gain public acceptability, but not so open as 
to invade individual privacy by releasing personal information to 
unauthorized individuals. To address concerns related to the 
maintenance and storage of data and individual access to data, policies 
developed by the selected CCTV users covered various topics related to 
these issues. In all of the selected U.S. cities and in the UK, CCTV 
images were retained for a specific period of time, after which they 
were destroyed or reused, unless they were retained for a bonafide law 
enforcement investigation. A UK official said that citizens could 
obtain access to images of themselves; however, they have to supply the 
exact date, time, and location where they were recorded and the CCTV 
system blocks any other individuals in view.

In the UK, the Data Protection Act limits the way personal data are 
processed in order to protect the privacy of individuals. The act 
requires organizations that process personal data to comply with the 
eight statutory principles of good data handling. These principles 
provide that personal data must be: (1) fairly and lawfully processed 
in accordance with applicable statutory conditions; (2) obtained and 
processed only for specified, lawful purposes; (3) adequate, relevant, 
and not excessive in relation to the purpose for which they are 
processed; (4) accurate; (5) not kept longer than necessary; (6) 
processed in accordance with the data subject's rights; (7) secure; and 
(8) not transferred to countries outside the European Economic Area 
without adequate protection for personal data. The UK Information 
Commissioner, which is an independent supervisory authority, enforces 
and oversees the act's provisions.

Measuring Effectiveness of CCTV Perceived to be Difficult, but 
Desirable:

Researchers and others stress the importance of measuring effectiveness 
of CCTV systems in order to justify costs and the potential impact on 
individuals' civil liberties. There is general consensus among CCTV 
users, privacy advocates, researchers, and CCTV industry groups that 
there are few evaluations of the effectiveness of CCTV in reducing 
crime, and few jurisdictions are keeping data to demonstrate that their 
CCTV systems are effective.

A study undertaken on behalf of the Home Office, found mixed results 
for the crime prevention effectiveness of CCTV. However, in October 
2002, a Home Office official said that the Home Office had provided 
funding for an evaluation of effectiveness for 17 CCTV systems as part 
of a CCTV initiative begun in 1999 for the implementation of 684 local 
government-operated CCTV systems in the UK. The evaluations are to be 
completed in November 2004. Home Office officials cautioned that using 
crime statistics as a measure of effectiveness may not be a good 
measure. They said that arrest rates might increase because the CCTV 
cameras view more criminal activity and police are reacting to more 
reports originating from CCTV control centers. They also said that 
increased crime rates are not necessarily bad because it may mean more 
crimes are being reported that had previously gone undetected. 
Furthermore, one CCTV user in the UK said that the effectiveness of 
various CCTV systems could vary due to differences in CCTV supervisory 
personnel, training, and procedures.

Officials in the UK provided anecdotal evidence of how CCTV cameras 
have been effective. For instance, officials in one UK location said 
that CCTV cameras have observed drug deals and fraudulent passports 
being passed. An official also gave an example of a little boy who was 
abducted from a shopping center. When the images on the CCTV tape were 
shown, officials could discern that the relative heights of the 
abductors indicated that two other children took the little boy. 
Another example involved bombings of several London pubs. Officials 
said that CCTV tapes were used to trace various pieces of evidence to 
identify the bomber. While the quality of the pub's CCTV cameras was 
not good, the police were still able to use the images to locate the 
perpetrator by reviewing CCTV footage from various entities thereby 
tracking him on various videotapes until they were able to identify him 
and trace his whereabouts. For example, police used a store's CCTV 
cameras to view the perpetrator buying equipment for the bombs. The 
official said that the police were convinced they would not have found 
the perpetrator without the CCTV cameras, since the bomber did not have 
a criminal record and there was no reason to suspect him.

Most CCTV users in the selected U.S. cities whose systems were fully 
operational at the time of our visit did not statistically measure the 
effectiveness of their CCTV systems. They perceived it to be difficult 
to measure, although officials in the selected cities said that CCTV 
had been very effective in, among other things, detecting and 
investigating crime, monitoring areas for public safety, and enhancing 
security. Officials provided anecdotes to demonstrate their system's 
effectiveness. For example, an official in one city said that the CCTV 
cameras filmed a drug transaction that resulted in an arrest.

Concluding Observations:

MPDC and the United States Park Police have implemented CCTV systems as 
part of their overall strategies to address crime and terrorism. While 
specific uses and guiding protocols vary, both MPDC and the United 
States Park Police have installed cameras in areas that are high risk 
for terrorist attacks, view their systems from secure control rooms, 
and use cameras that have enhanced features, such as zoom capabilities. 
Measuring CCTV effectiveness is difficult because of the lack of 
comparisons of similar areas with and without CCTV to show a direct 
cause and effect relationship, and because it is often used in tandem 
with other law enforcement tools. Nevertheless, both MPDC and the 
United States Park Police plan to identify performance measures and 
evaluate effectiveness.

Civil liberties advocates have raised concerns about the protection of 
privacy and the proper use of CCTV systems. MPDC has adopted 
regulations and the United States Park Police is drafting a policy 
aimed at incorporating management controls to address such issues. 
These include developing written operating protocols, establishing 
supervision and training requirements, providing for public 
notification, and requiring system audits. It is too early to fully 
assess the sufficiency and effectiveness of these controls.

The use of CCTV as a law enforcement tool is growing in the United 
States and abroad. The experiences of CCTV users in the United States 
and the UK can help guide other jurisdictions that are considering the 
use of this law enforcement tool with regard to openness and community 
involvement; uniform standards and management controls; and the 
establishment of realistic, clear, and measurable performance goals.

Agency Comments and Our Evaluation:

In letters dated June 6, 2003, we requested comments on a draft of this 
report from MPDC and the Department of the Interior. Officials from 
both police departments generally agreed with the report and our 
presentation of information regarding their CCTV use.

On June 23, 2003, the Department of the Interior provided written 
technical comments, which were included as appropriate. In its 
comments, Department of the Interior officials indicated that the 
United States Park Police's draft CCTV policy is in the final stages of 
review and is expected to be finalized within 2 weeks of the date of 
its written comments. MPDC had no technical corrections.

We are providing copies of this report to the Chairman and Ranking 
Minority Members of the Senate Committee on Governmental Affairs, the 
Senate and House Committees on Appropriations, and the Senate and House 
Committees on the Judiciary. We are also providing copies of this 
report to the Deputy Mayor for Public Safety and Justice for 
Washington, D.C.; the Chief, Metropolitan Police Department of 
Washington, D.C.; Secretary of the Department of the Interior; the 
Director of the National Park Service; and the Chief, United States 
Park Police. Copies of this report will be made available to other 
interested parties. This report will also be available on GAO's Web 
site at http:/www.gao.gov.

If you have any questions, please contact me at (202) 512-8777 or by e-
mail at stanar@gao.gov or Linda Watson, Assistant Director, at (202) 
512-8685 or by e-mail at watsonl@gao.gov. Key contributors to this 
report were Leo Barbour, Christine Davis, Glenn Dubin, Michele Fejfar, 
Jamila Jones, Nettie Richards, Amy Rosewarne, and Carrie Wilks.

Sincerely yours,

Richard M. Stana 
Director, Homeland Security and Justice Issues:

Signed by Richard M. Stana:

[End of section]

Appendix I: Scope and Methodology:

To determine how the Metropolitan Police Department of the District of 
Columbia (MPDC) and the U.S. Department of the Interior's United States 
Park Police have implemented their closed-circuit television (CCTV) 
systems, we interviewed officials from both agencies. We obtained and 
reviewed congressional hearing records related to the use of CCTV in 
Washington, D.C. We attended a D.C. City Council public hearing and 
obtained testimonies of officials and civilians who addressed the city 
council. At the United States Park Police, we obtained documents 
related to the use of CCTV as well as congressional testimony regarding 
their use of CCTV. We interviewed representatives from the American Bar 
Association (ABA), the American Civil Liberties Union (ACLU), the 
Electronic Privacy Information Center (EPIC), the International 
Association of Chiefs of Police (IACP), and the Security Industry 
Association (SIA) to obtain their views on the use of CCTV and obtained 
documentation from them regarding issues of concern to their 
organizations. In addition, we toured MPDC's Joint Operations Command 
Center.

To determine how MPDC and the United States Park Police have 
implemented management controls to respond to the issues surrounding 
their use of CCTV, we interviewed MPDC and United States Park Police 
officials and obtained and reviewed relevant laws, regulations, 
policies, and other documents. We also obtained and reviewed 
testimonies of officials and civilians at D.C. City Council public 
hearings and reviewed draft comments by the Constitution Project that 
critiqued MPDC's regulations. We did not evaluate or test compliance 
with MPDC's or the United States Park Police's management controls.

To learn about the experiences of other CCTV users in the United States 
and the United Kingdom (UK) we reviewed various studies and reports on 
CCTV use by law enforcement. We reviewed studies and reports by or for 
SIA, the California Research Bureau, RAND, and the UK Home Office, 
among others. We judgmentally selected four U.S. cities to visit and 
obtained information on their use of CCTV. The four cities selected 
were: Baltimore, Maryland, because of its proximity to D.C.;[Footnote 
24] Columbia, South Carolina, because officials in this city were in 
the early stages of implementing their CCTV system; and Tampa, Florida, 
and Virginia Beach, Virginia, because their CCTV systems were equipped 
with facial recognition software, and we wanted to include locations 
that were using CCTV with advanced features. At each location, we 
interviewed officials regarding privacy concerns, if any, that had 
resulted from their use of CCTV, conducted research for any relevant 
state laws or regulations, obtained and reviewed policies and other 
documentation related to the operation of their systems, and inquired 
about whether they had measured the effectiveness of their CCTV 
systems. In two cities, we toured the control rooms from which the 
cameras were operated and monitored. We visited the UK to learn from 
its experiences with CCTV use in a law enforcement capacity. We met 
with UK Home Office officials and CCTV users in the UK to determine 
what their experiences have been and whether they measured the 
effectiveness of their systems. In the UK, we interviewed government 
officials in the Home Office and CCTV users in Newham and Westminster-
-boroughs of London--and the city of Sheffield. We also observed CCTV 
operations in these locations. In addition, we interviewed a 
representative of a private UK CCTV User Group that provides assistance 
to CCTV users. To obtain a broader perspective on privacy issues, we 
also interviewed a representative of Privacy International[Footnote 25] 
in London.

We performed our audit work from July 2002 to May 2003 in Washington, 
D.C., and other cited locations in accordance with generally accepted 
government auditing standards.

[End of section]

Appendix II: Implementation of CCTV Systems in Selected U.S. Cities:

The following provides a summary of how each of the four cities we 
selected to visit has implemented their respective CCTV systems. The 
four cities were at different stages of development in implementing 
their systems and, generally were using CCTV to achieve different 
purposes.

Baltimore, Maryland:

In Baltimore, a representative said that the city's CCTV system was 
implemented in 1994 to deter crime. This system consisted of 64 CCTV 
cameras installed in the downtown area. The CCTV system was implemented 
to address property crimes and the community's negative perception of 
safety. Both Baltimore City law enforcement personnel and staff from 
organizations and businesses that participate in the Downtown 
Partnership of Baltimore operate the system. The cameras did not have 
remote zoom capability and were generally not monitored. Recorded CCTV 
images are reviewed for investigative purposes if crimes occur.

Columbia, South Carolina:

The Columbia Police Department implemented a pilot CCTV program in 2002 
prior to implementing a final CCTV system. The city's final CCTV system 
was not fully implemented at the time of our review. The pilot CCTV 
system involved 3 fixed cameras located in residential areas and public 
parks. The Chief of Police in this city said that the city did not hold 
any formal hearings before the pilot CCTV system was implemented, 
although the use of CCTV was subject to a majority vote by the city 
council members. Although a city official said that the city purchased 
an additional 12 CCTV cameras for the final system, 3 pilot cameras 
were installed and operational at the time of our visit. Through the 
pilot program, a city official determined that in addition to 
monitoring the cameras from police headquarters, an added benefit would 
be to enable officers to monitor cameras from their police cars while 
on patrol. City officials decided to expand the CCTV viewing capability 
by linking the CCTV system to laptop computers which enabled officers 
to monitor CCTV images from their police squad cars.

Tampa, Florida:

In Tampa, the police department first deployed CCTV in December 1997 in 
a busy entertainment district. An official said that the cameras were 
installed to address specific issues in the completion of the public 
safety mission, including management of large crowds and the adequate 
deployment of police personnel. The system was comprised of 36 CCTV 
cameras, all with the ability to pan, tilt, and zoom. The system was 
also equipped with facial recognition software. The cameras were 
monitored during certain nights of the week and during special events 
by police personnel.

Virginia Beach, Virginia:

Officials in Virginia Beach said that the police department began 
operating the cameras in 1993 after an incident at a local event 
provided the impetus. A city official said the CCTV cameras were used 
to deter, detect, and investigate crime; monitor and enhance the 
security of certain areas; and apprehend and prosecute suspected 
criminals and counter terrorism. The system records images 24 hours per 
day, 7 days per week and is monitored every day during the tourist 
season. During the nonvacation season, police officers only monitored 
the cameras on weekends. According to officials, the police department 
installed 10 CCTV cameras in a busy oceanfront/business district. Each 
CCTV camera had the ability to pan, tilt, and zoom. The system was also 
equipped with facial recognition software.

[End of section]

Appendix III: Implementation of CCTV Systems in the United Kingdom:

The United Kingdom (UK) locations that we visited operated CCTV systems 
that were similar in purpose and application. There were subtle 
variations in the purposes of each system; however, all CCTV systems we 
observed were implemented to control some aspect of crime.

Newham, London:

In Newham, use of CCTV resulted from a public call to do something 
about the increasing crime rate. An official said that since the late 
1960s and early 1970s, the borough had experienced an increase in 
street-type crime, which stemmed from structural unemployment and the 
existence of a known but relatively small criminal element. Most crime 
involved robbery, car theft, harassment, public drunkenness, drug 
trafficking, and hooliganism. Officials said that the public felt 
unsafe doing everyday things like walking down certain streets or 
shopping in certain areas. Therefore, officials said that it was easy 
to sell CCTV to the borough council, because the borough had one of the 
highest burglary and auto theft rates in the UK, and the public 
perceived CCTV to be an effective response to the crime. In 1997, 
Newham began using CCTV to address these crime problems.

Officials said that about 10 uniformed civilians per shift operate the 
system, which has over 400 CCTV cameras. They explained that one 
operator could be responsible for viewing up to about 60 monitors, 
given that some of them have screens that can show several camera 
images simultaneously. The operators key in on certain areas known to 
be crime prone, but also scan other areas to detect potential crimes or 
crimes in progress. The operators' actions are monitored by cameras to 
help ensure compliance with rules governing CCTV use. Officials said 
that officers operate the system 24 hours a day, and the control center 
also has a tape library and facilities for police to review the tapes 
for evidence.

Westminster, London:

In Westminster, the borough council and the police department--jointly 
with business and community trustees--manage its CCTV system, which 
became operational in July 2002. An official noted that the purpose of 
the system is to improve the management of public space to enhance 
public safety. For example, the officials said that in addition to 
controlling crime and disorder, they strive to keep the streets clean 
and ensure free flow of traffic. The officials also said their purposes 
differ between day and night in that daytime operations often focus 
more on the environment on the street such as transportation issues, 
whereas at night they focus more on crime and disorder.

At the time of our visit, officials said that 17 cameras were in 
operation, but that they expected more. An employee of the borough 
council managed the center, and the system operators were civilians 
(contract staff). Officials noted that the center was a business area 
partnership and that the space they were using was provided rent free 
to the council for CCTV operations, adding that capital funding for the 
center came from the Home Office and local businesses helped to support 
the operations. The center had three operator control positions to 
monitor CCTV cameras and 18 monitors on the wall for viewing and from 
which operators could pull images down to their individual monitors to 
pan, tilt, and zoom to get a better view.

Officials noted that they perceive their CCTV system as being a "graded 
response system" whereby on the basis of what they observe, they can 
notify the relevant agency to take action. For example, if an assault 
is observed they notify the police, if trash is left on the street they 
notify the trash collectors, or if a car were behaving erratically they 
would call the traffic department. Officials told us that this type of 
approach is the success of CCTV because it helps to focus on what the 
problem is and what the solution is. They also said that usually it is 
not just CCTV that is the solution, but the intelligence from CCTV that 
can be used to solve the problem.

City of Sheffield:

The city of Sheffield has been utilizing CCTV, operated by the city 
council, since about 1997. Officials said that the UK Home Office 
funded the capital costs with grants, while the city council funds 
system operations and maintenance. Although this city's CCTV system is 
similar in application to the others we visited, the distinction is 
that this city has a more "joined up" concept, whereby all area 
stakeholders that have CCTV systems (city, train, mall) can forward 
camera images to other stakeholders' systems to provide a more 
integrated view of the area. Officials explained that, if needed (bomb 
scare or terrorist act), the central control center can take control of 
any camera in the integrated system, or the command/control function 
can be shifted to one of the other two centers. The police can also be 
fed the images real-time from the central control center instead of 
viewing images later to assemble evidence. Operators can more easily 
follow criminals or criminal activity from one camera/system to the 
next. This is important, as these officials noted that the area has two 
of the UK's top 20 terrorist targets (a six-lane bridge that is a vital 
economic link to the north, and one of the UK's largest shopping 
malls). If called on a crime, however, this city's cameras can be 
focused to those areas. At the time of our review, officials said that 
the actual linkage between the three control centers (city, train, 
mall) was to occur in the near future.

Officials in Sheffield consider the linkage to other CCTV control 
centers as essential to the future success of CCTV. For example, 
officials said that linking of CCTV could be used to determine how many 
police and ambulance units should be deployed or make command/control 
decisions after a terrorist attack, such as finding the best route for 
emergency response vehicles, and re-routing citizen evacuation traffic.



FOOTNOTES

[1] For this report, public spaces are defined as public parks, public 
streets, and commercial/business districts.

[2] ABA is a nationwide organization that, among other things, provides 
law school accreditation, programs to assist lawyers and judges in 
their work, and initiatives to improve the legal system for the public. 
ABA published guidance for law enforcement's use of CCTV and other 
technologies in its "Standards for Criminal Justice: Electronic 
Surveillance, Part B: Technologically-Assisted Physical Surveillance." 


[3] ACLU is a nationwide, nonpartisan organization whose stated mission 
is to defend the principles of liberty and equality embodied in the 
Bill of Rights.

[4] EPIC is a public interest research center located in Washington, 
D.C. It was established in 1994 to, among other things, focus public 
attention on emerging civil liberties issues.

[5] IACP is a nonprofit membership organization of police executives 
whose leadership consists of the operating chief executives of 
international, federal, state, and local agencies of all sizes.

[6] SIA is an international trade association whose mission is to, 
among other things, effectively and responsibly promote the use of 
electronic security equipment in commercial, institutional, 
commercial, governmental, and residential markets.

[7] Facial recognition technology identifies people by the sections of 
the face that are less susceptible to alteration-the upper outlines of 
the eye sockets, the areas around the cheek-bones, the sides of the 
mouth. Systems using this technology capture facial images from video 
cameras and generate templates for comparing a live facial scan to a 
stored template. License plate recognition software recognizes vehicle 
shape and 'looks' for a license plate. If the license plate number is 
located in a centralized database, the CCTV system triggers an alarm 
for appropriate personnel to take action. At the time of our review, 
MPDC and the United States Park Police did not use either of these 
technologies.

[8] RAND is a nonprofit institution that helps improve policy and 
decision-making through research and analysis. 

[9] See Katz v. United States, 389 U.S. 347, 360-61 (1967) (Harlan, J., 
concurring). 

[10] United States v. Jackson, 213 F.3d 1269, 1281 (10th Cir. 2000), 
remanded for further consideration of the sentence imposed, 531 U.S. 
1033 (2000). On remand, the 10th Circuit upheld the prior decision 
except with respect to the sentencing issue. United States v. Jackson, 
240 F.3d 1245, 1247 n.2 (10TH Cir. 2001).

[11] Although this case did not involve police use of video 
surveillance technology, the Supreme Court in Laird v. Tatum, 408 U.S. 
1, 10 (1972) held that protesters' First Amendment rights could not be 
chilled by "the mere existence, without more, of a governmental 
investigative and data-gathering activity." The plaintiffs in Laird 
were political activists, who alleged that the Department of the Army's 
surveillance activities deterred them from exercising their First 
Amendment rights. The Supreme Court held that the plaintiffs lacked 
standing to sue because their alleged injury was too speculative, 
arising not from any specific action taken against them, but merely 
from their knowledge that the Army was engaged in surveillance 
activities.

[12] A ban on anonymous free speech was struck down in McIntyre v. Ohio 
Elections Commission, 514 U.S. 334 (1995). In that case, the Supreme 
Court declared unconstitutional an Ohio election law requiring the 
names and addresses of authors to be printed on political leaflets. 
Citing a longstanding tradition of anonymous free speech, the Court 
held that there was no overriding state interest to require the authors 
to identify themselves. 

[13] The Home Office is the governmental department responsible for 
internal affairs in England and Wales.

[14] S. 2846, 107th Cong. (2002).

[15] The Joint Operations Command Center is a secure facility operated 
by MPDC, but may include staff from other federal, regional, state, and 
local law enforcement agencies during joint operations. The Joint 
Operations Command Center is a part of MPDC's Synchronized Operations 
Command Complex.

[16] D.C. Code 5-133.19.

[17] 49 D.C. Reg. 8465 (Sept. 6, 2002).

[18] 49 D.C. Reg. 11443 (Dec. 20, 2002) (to be codified at D.C. Mun. 
Regs. tit. 24, ch. 25).

[19] D.C. Bill 15-0033, "Limited Authorization of Video Surveillance 
and Privacy Protection Act of 2003."

[20] As an example, individuals may be able to sue federal law 
enforcement officers for conduct that violates a constitutional right, 
such as using CCTV without a warrant to peer into private residences. 
Such lawsuits are commonly called Bivens actions. See Bivens v. Six 
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 
(1971). 

[21] The Data Protection Act 1998, ch. 29 (Eng.) is available at http:/
/www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm. The CCTV 
standards issued under the Data Protection Act, called the CCTV Code of 
Practice, can be accessed at http://www.dataprotection.gov.uk/dpr/
dpdoc.nsf/0/db76232b37b5bb648025691900413c9d?OpenDocument

[22] The UK Information Commissioner is an independent supervisory 
authority reporting directly to the U.K. Parliament. The Commissioner 
enforces and oversees the Data Protection Act of 1998. The Commissioner 
has a range of duties including the promotion of good information 
handling and the encouragement of codes of practice for data 
controllers, that is, anyone who decides how and why personal data, 
(information about identifiable, living individuals) are processed.

[23] For example, state "Peeping Tom" statutes provide criminal 
sanctions for unauthorized spying or peeping into private places. These 
statutes might apply to CCTV surveillance that lacks a valid law 
enforcement purpose, is voyeuristic in nature, and occurs in a private 
place as defined by the statute. See, e.g., Fla. Stat. 810.14; Md. Code 
Ann., Crim. Law 3-902(b)(c); S.C. Code Ann. 16-17-470; Va. Code Ann. 
18.2-130.

[24] We interviewed officials regarding the CCTV system implemented by 
the Downtown Partnership of Baltimore, a nonprofit corporation founded 
to, among other things, shape public policy and implement programs to 
strengthen the economic vitality of downtown Baltimore. The Baltimore 
City Police Department is a member of the Downtown Partnership of 
Baltimore.

[25] Privacy International is a human rights group that serves as a 
watchdog on surveillance by governments and corporations.

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