Transportation Management Center Video Recording and Archiving Best General Practices
|Agency||Document Title||Content Topic Areas—
Recording Video and Distributing It
|Content Topic Areas—
Sharing Real-Time Video
|Content Topic Areas—
Camera Policies Related to Privacy
|Florida Department of Transportation (FDOT)||Closed-Circuit Televisions (CCTV) Agreement (02/12)||References that (FDOT) camera system does not record video||Agreement for sharing live video geared toward media is included||References sensitive images|
|Minnesota Department of Transportation (MnDOT)||Traffic Camera Use Office Practice (8/12/15)||Notes that recordings are public record even if live feed to public is cut||States that video is available to the public except under extenuating circumstances||Stresses traffic flow purpose; zooming out from identifying info|
|MnDOT||Traffic Camera Imagery Recording and Distribution (12/4/12)||Includes retention and distribution information|
|New York State Department of Transportation NYSDOT)||Policy for the Design and Operation of CCTV in Advanced Traffic Management Systems (9/4/01)||States that recording is only permitted under limited situations||Notes that video is shared with the public, including through commercial means||Emphasizes not collecting or distributing personal identifier information|
|Niagara International Transportation Technology Coalition (NITTEC)||CCTV Policy (1/1/14)||Only on request of CCTV owner agency||Notes that images are shared through Web site||Discusses wide-angle view and not collecting personal identifier information|
|Oregon Department of Transportation||Use of CCTV Highway Cameras (4/16/14)||Notes that feeds are generally not recorded, except limited circumstance||Notes that images are shared with public||Lists operating guidelines to address privacy concerns|
|Tennessee Department of Transportation (TDOT)||"Access to Live Video Feeds and Information Sharing" (undated)||Policy is to make live feeds available to the public and to government agencies|
|TDOT||"Access Agreement for Live Video and Information Sharing—Private Entity Users" and corresponding Responder Entity Users version||States that TDOT will not record video except for training and that no recordings will be provided under this agreement||Includes details of TDOT and user responsibilities as well as liability and indemnity information||Notes that should not purposely broadcast zoom that shows individuals or license plates|
|Wisconsin Department of Transportation (WisDOT)||Is an undated template for a written agreement for using WisDOT video and/or data||Mentions that if the media shows recorded video, it must be labeled with date/time||Includes policies and guidelines for use and rebroadcast||Notes that feed can be cut|
As one agency that doesn’t record video commented, there isn't a policy saying the agency doesn’t record, everyone just knows it. Other agencies that don’t record have notes to the effect in frequently asked questions (FAQ’s) on their public Web sites. Some agencies mention the policy in related documents, such as how the Florida Department of Transportation’s (FDOT) real-time video sharing agreement notes that they do not record video.
The New York State Department of Transportation (NYSDOT) has a detailed closed-circuit television (CCTV) policy document that includes the following section on recording:
The language above is from NYSDOT's Policy for the Design and Operation of Closed-Circuit Television (CCTV) in Advanced Traffic Management Systems, September 4, 2001 which is in the appendix.
Best General Practice
Written policies for video sharing provide an opportunity to require attributing the video feed to the DOT source, including the branding of the traveler information service if desired.
One relatively common feature of agreements for sharing video is that the Department of Transportation (DOT) is acknowledged. The Wisconsin Department of Transportation (WisDOT) has detailed language covering multiple formats, including social media:
The FDOT also influences what is around their video images, noting that "The Department requests that the Requestor provide a disclaimer of any Department endorsement of any advertising located near the video images." (Closed-Circuit Televisions (CCTV) Agreement, 2/12)
For entities to access FDOT's real-time video feeds, they install equipment at FDOT facilities to tie into the Department's video matrix switch. Their CCTV agreement contains many requirements for this connection, including that there is an initial $1,000 fee and an annual fee of $500 to cover coordination, security, and logistics.
NYSDOT's statements on video sharing emphasize the purpose of the sharing and notes:
"The Department may also distribute CCTV data directly to the public via the Internet or other means for the purpose of providing traveler information. The Department shall take all reasonable efforts to ensure that any CCTV data disseminated in this manner shall not provide personal identifier information as previously defined in this policy. The sole purpose of providing such data shall be for the dissemination of traveler information to facilitate traffic management and the efficient balancing of transportation infrastructure demand and supply and all such uses and dissemination shall be consistent with statewide regulations, and this policy." (Policy for the Design and Operation of Closed-Circuit Television (CCTV) in Advanced Traffic Management Systems, September 4, 2001)
The Tennessee Department of Transportation's (TDOT)> written agreements for real-time video sharing leverage the desire of emergency response entities and private entities for the video into actions that support the DOT's traffic management goals. The access agreements for both emergency responders and for private entities include user responsibilities to:
The access agreement for emergency responder entities further requires:
The access agreement for private entities invites them to:
Involving the media in TIM can be mutually beneficial during major incidents when news trucks are on scene, such as for agreeing on places to park and knowing who may be sharing information.
Oregon DOT's (ODOT) "Use of CCTV Highway Cameras" has a thorough list of operating guidelines geared to "respect for the privacy concerns of the public." It includes language on keeping cameras zoomed out when possible that is similar to many other policies. It also has language related to overlap with law enforcement and also related to recording video. The complete list is:
Best General Practice
Leverage written agreements for real-time video streaming to emergency responders and the media for:
The Niagara International Transportation Technology Coalition's (NITTEC) CCTV policy also includes the following language on when personal identifying video may be shared, "In the event of a public health danger or safety emergency, NITTEC may provide personal identifier information to such other public partner and/or entities as may be necessary to prevent, limit or mitigate such emergency."
The NYSDOT defines "Personal Identifier Information" as any data (including video) that:
Legal issues vary by State so any included language should be vetted by the appropriate legal authorities. The following samples are provided to illustrate how some States have addressed issues.
The FDOT quotes statues Sections 119.07(2)(a) and 119.07(2)(c) as authorizing the DOT to remote electronic access and authorizing fees to be collected for the service.
The FDOT uses the following language on video availability and risks for using the video:
"The Department does not guarantee the continuity of the video images, nor does it in any way warrant the accuracy or quality of the images provided.
The risk of use of the images is the sole responsibility of Requestor and it agrees to be fully and solely responsible for and to indemnify, defend, and hold harmless, the Department, its agents, officers, and employees from any and all claims, damages, suits, actions or other proceedings for damages arising out of or in any way associated with the use of the video images by Requestor or in any way arising out of or associated with the placement or removal or failure to remove its equipment."
United States Department of Transportation - Federal Highway Administration