What classifies as video evidence?
The term ‘video evidence’ refers to any digital video images that may be utilised for organisational, legal, or criminal investigations. The specific type of investigation will impact the level and complexity of operating procedures necessary for handling footage. For the purpose of this tech note, the information provided relates primarily to evidence for legal or criminal proceedings.
The evidence life-cycle: end-to-end data integrity
The stringent nature of audit trail requirements, coupled with the growing complexity and volume of data captured as evidence for investigation and prosecution purposes, means that many organisations are utilising automated capabilities – often fulfilled by incident management functionality within their security and surveillance software – to meet admissibility requirements.
There are several technical mechanisms and capabilities that surveillance operatives should employ to guarantee video is securely handled at every stage in the evidence management journey.
Camera placement
Though not technically a security and surveillance software feature, it is important that cameras are placed in a pre-qualified, audited location to ensure that each unit effectively gathers the maximum amount of information possible from its specific scene of coverage. This helps establish an efficient audit trail foundation from the very start of the evidential process.
Live evidence capture
Operators monitoring live incidents should consider real-time incident management functionality to trigger automated evidence management protocols. This functionality locks the camera control to ensure the operator monitoring the event can track and capture uninterrupted footage. Therefore all video footage, connected data, and actions taken, e.g. any manual control of cameras or event escalation and notifications, are securely logged in a repository (sometimes referred to as an evidence locker or secure evidence server), establishing a firm audit trail.
Supervisory review
Many security and surveillance solutions also have built-in supervisory review functionality that permits the tracking of a particular event to be scrutinised, i.e. which cameras were used to view an incident, how and when they were moved, the sequence of camera switching, and which control room operator was controlling them at that time. This provides an additional level of procedural validation.
Evidence locker
A dedicated evidence locker – a robust server specifically configured to handle and store video evidence – should be utilised as a central point for evidence management. Providing a full managerial audit trail, all usage is logged onto a database. For future authentication purposes, a unique hash code is created (using a Secure Hash Algorithm – SHA-2 is the widely accepted standard) with every minute of video footage. To date, there are no incidents of this particular hashing algorithm having ever been successfully compromised.
Automated redaction
Data protection requirements coupled with best practice evidence management mean that surveillance operators should consider solutions such as automated redaction. This technology, for example, can blur faces or identify markers (such as house numbers) unrelated to the incident that the evidence is required to support.
Sharing evidence
If video evidence is required to be taken off-site or downloaded by law enforcement, the system saves the video clip and evidence’s hashing code, logged and detailed in the form of a ‘Digital Evidence Certificate’ to prove its legitimacy.
‘Taken off-site’ refers to evidence files being physically burned to CD/DVD, a USB or hard disk drive, and collected by a police officer or an authorised third party. In this instance, an evidence pack should be created that supplements the files with details regarding the request and removal, such as the police officer’s details, the time of the request, the reason for evidence, etc. The physical media should also be password-protected. In the UK, there are Home Office guidelines for collection and transportation of physical media, for example, regarding adequate packaging and labelling.
‘Downloaded’ refers to evidence files transferred electronically. Here, any individual requesting evidence should complete and submit a digital request for authentication. If the request is deemed legitimate, operators can issue a secure storage access token – a password and time-protected code to view the evidence remotely. Further codes can be issued that control and log any additional actions, such as downloads. This is the fundamental process behind remote evidence access systems.
Evidence server location
Organisations have two main choices when it comes to where to store evidence: a networked secure location, typically on the premises, or a secure cloud location off-site. Deciding factors should take into account the sensitivity of the information held and with whom it might need to be shared.
If the evidence is networked on the premises, distribution and accessibility become more difficult as the third parties also need to be networked. If this is the case, appropriate levels of network security need to be in place to guard against wider unauthorised access. With a secure cloud location, it does not matter where the person who needs to access the information is based, and access is automatically restricted to the evidence required using the secure access token mechanism.
With either option, permission levels can be set to control how the evidence is used, e.g. purely available to view, view and add data, or available to copy. It is also important to note that whichever option is chosen, the data owner will always retain the original information on their system.
Storage efficiency
Surveillance system operators frequently required to gather and handle evidence also might consider solutions relating to maximising storage efficiency, including, for example, options such as Time Lapse Later (TLL) recording technology. This enables high-quality footage to be captured at the very start of the recording process, i.e. when it is liable to contain the most evidential value. Only later, after an x-hour period, is time-lapsing introduced; the frame rate of the stored digital video evidence is automatically reduced for the remaining x days – thereby decreasing the storage capacity required for its retention. Any footage containing valuable information is retained at the highest rate possible.
Physical and procedural security
It is important to remember that maintaining end-to-end data integrity also necessitates additional physical and procedural security measures. For example, the secure evidence server location should always be access-controlled and have appropriate physical security measures (barriers, biometrics, CCTV) as part of that access process.
Another vital step for evidence protection is to carry out employee background checks and ensure that IT policies and information management systems are up-to-date and comply with industry standards (for example, ISO 27001) in terms of legal, physical, and technical controls for identifying and managing risk. This should include regular assessments of authorised personnel to ensure that any changes in circumstances e.g. transfers, departures, are reflected in clearance and access levels.
Other types of evidence
While video evidence remains a vital component for surveillance-based evidence management systems, it is not the only form of data that can, and should, be handled appropriately.
The nature of advanced integrated surveillance solutions means multiple file types can be handled, ensuring that evidence can be captured and collated from a broad range of disparate sources. Common forms of digital evidence other than video footage (from fixed or mobile solutions) may include ANPR data, image stills, surveillance operator notes, interview transcripts or other forms of documentation, and audio files (for example, incident reports).
What are the quality specifications for video to be admissible?
Though higher-resolution footage, for example, from HD and megapixel cameras, may result in clearer images that make identifying and verifying unlawful activity easier, there are no specific image quality requirements for video to be considered admissible. Admissibility in the UK is based on demonstrating the security and integrity of footage from a camera to a court of law. Following the procedural framework outlined in the Defence Science and Technology Laboratory guidelines on the Recovery and Acquisition of Video Evidence is important.
Guidance to be aware of
Admissibility also relates to public surveillance being operated and managed in line with wider regulatory demands and operational codes. Those responsible for operating surveillance systems must comply with requirements under laws and codes, including the EU’s current Data Protection Directive.
In Europe, GDPR (General Data Protection Regulation) impacts how evidence is captured and stored.
Outside of regulatory demands, the most important thing is simply to stay current with evolving surveillance capabilities, as best practice procedures for evidence management will evolve to reflect them.