Security Camera Policy

Purpose

This policy applies to all personnel and departments of the College in the use of security cameras for monitoring and recording on College-owned, leased or controlled properties. This policy does not apply to the use of video applications for academic, research or educational purposes of the College, or to security cameras installed by authorized financial institutions to monitor ATM machine usage on campus.

Definitions

Data from video cameras may be nonpublic or private “security information” as defined by Minn. Stat. § 13.37 Subd. 1 (a) or private personnel or educational data pursuant to Minn. Stat. §§13.43, Subd. 4 and 13.32, Subd. 3, and FERPA, 20 USC 1232g, which may be accessed, used and disclosed to third parties only as consistent with those laws.

Policy

The College uses security cameras on the Detroit Lakes, Fergus Falls, Moorhead and Wadena campuses to enhance safety and security of persons and property. All security camera installations must be approved in advance by designated College personnel, as described in this policy, except in the case of an emergency that makes such consultation impractical. The placement and use of video surveillance cameras must conform to applicable state and federal laws in addition to system and campus policies. The use of dummy or placebo cameras is prohibited. Video surveillance cameras shall not have audio monitoring or recording capabilities enabled. Video monitoring of public areas for security purposes will be limited to uses that do not violate the reasonable expectations of privacy, as defined by law.

Management and Use of Video Surveillance

The primary purpose of video surveillance is to assist in the daily operations of campus security, support public safety efforts, and help provide a safe and secure environment to the College community, including students, employees and visitors. The information obtained through video monitoring will be primarily used for security and law enforcement purposes. Information obtained through security cameras may be used in support of disciplinary proceedings against College personnel or students, or by the College for other appropriate purposes such as litigation.

The installation and monitoring of security cameras and equipment is administered by the Vice President of Finance and Administration (VPFA) in a manner consistent with this policy. The VPFA may authorize the use of security cameras in a temporary location upon request of a College official if a specific safety or security risk exists. If the request concerns the investigation of individuals, the VPFA shall consult with Minnesota State Office of General Counsel and/or the human resources office or Labor Relations at the system office prior to approval. The VPFA shall consult with system legal counsel if requested by law enforcement to install video surveillance for a criminal investigation.

In public areas, signage giving notice of use of security cameras may be posted as deemed appropriate by the VPFA.

If concern over camera placement should arise, concerned persons may submit a petition to the VPFA for the removal or relocation of an existing camera. The VPFA will review petitions regarding camera location(s) and determine whether the policy is being followed. The VPFA will determine the appropriateness of an installation by weighing the concerns of the person(s) making the request and the safety and security of the entire community. The VPFA will weigh whether the potential increment in community security outweighs any likely infringement of individual privacy.

Principles

The following principles shall apply regarding the use of security cameras at the College under this policy:

• All recording or monitoring of the activities of individuals or groups by authorized College security cameras will be conducted in a manner consistent with applicable Minnesota State systems and College policies, and will not be based on an individual’s race, ethnicity, gender identity or gender expression, disability, or other personal characteristics that are protected by Minnesota State system Board Policy 1.B.1.
• All recording or monitoring of video records will be conducted in a professional, ethical and legal manner. Personnel with authorized access to video recordings shall receive a copy of this policy and will receive training on the effective, legal and ethical use of the monitoring equipment upon assuming their role and at least annually thereafter.
• All recording or monitoring for security and safety purposes shall be conducted only in areas where the public does not have a reasonable expectation of privacy (e.g., not living spaces).

Limiting Use, Disclosure and Retention of Recordings

The VPFA is responsible for controlling access to the security camera recordings consistent with applicable privacy laws. Security camera data maintained by the College may be nonpublic or private data on individuals under the Minnesota Government Data Practices Act and the Family Educational Rights and Privacy Act (FERPA). 

Disclosure of security camera data to law enforcement must be authorized in advance by system legal counsel unless such consultation is impracticable in the event of a health or safety emergency. Nothing in this policy shall prevent reporting real-time observations of conduct that appears to constitute criminal activity to law enforcement.

Recorded images will be stored in a secure location with access by authorized personnel only. A log shall be created by the Director of Safety and maintained by authorized designee(s) of all instances of access to or use of surveillance records. The log shall include the date and identification of the person or persons to whom access was granted.

Security camera data shall be maintained with appropriate security in accordance with the College’s records retention schedule, and will then be destroyed in a secure manner, unless retained as part of a College proceeding, a criminal investigation, or court proceeding (criminal or civil), or other use as approved by the VPFA or designee(s). 

The Director of Safety is responsible for securely retaining any recordings which may be required for evidentiary purposes. If a copy of a recording is required for evidentiary purposes, campus personnel shall consult with the Minnesota State system Office of General Counsel or the Attorney General’s Office on protocols that may be required for authentication or other purposes and shall use a permanent storage device such as a USB drive and physically label the device with the date, time and location of the recorded incident. No video footage segments or individual image copies of monitoring files, other than those required for system back-ups or evidentiary purposes, may be made without specific authorization/approval as stated above.

Violations

Any individual who has concerns about the possible violation of this policy may discuss the matter with the VPFA. Any individual found to have violated this policy may be referred for discipline under the applicable personnel or student conduct process.

Individuals who are believed to have tampered with or destroyed security camera equipment or recordings, or individuals who have accessed security camera records without authorization may be subject to discipline under the applicable personnel or student conduct process and criminal prosecution, as appropriate.