March 5th, 2010
Fu- Xing- Fa- Zi- Di- No. 09900145380 enacted and announced
Article 1
The regulation was made by Kinmen County Government to complete the video surveillance system installation and management of Kinmen County Government (called the government for short below) and schools affiliated with the government and all township offices, to maintain public security, keep traffic order, guard against illegal manipulation and also guarantee rights for the public.
Article 2
The video surveillance system in the regulations mean the audiovisual equipment that’s installed by installation organizations or subsidized by other government organizations and donated by private enterprises and individuals on roads in Kinmen County jurisdiction (called the county for short below), public places or places that people must come in and out. Nevertheless the installation management of video surveillance system inside of organization stations, groups and private is not in this limitation.
Article 3
The superior organization in the regulations is the government, management organization is the police bureau in the county and setting organization is the government, schools affiliated with the government and all township offices. Management organization can authorize the police branch offices in jurisdiction to execute to process site investigation, verification and retrieval matters.
Article 4
Installation organization can choose and install in proper locations as follows:
1. Areas that crimes happen frequently.
2. Areas that police forces and the public patrol weakly.
3. Roads that traffic accidents happen easily or frequent volume of traffic.
4. Areas that have needs of installing video surveillance systems based on other public welfare purposes.
Video surveillance system cannot be installed for specific objects or private premises, but those that are given approval by the owners or managers are not in this limit.
Installation organization should review and evaluate regularly the reasons for installation and change or stop the operation of surveillance video at the right time.
Article 5
The installation locations and ways of video surveillance system should get the approval of the owners or managers in advance. Besides the needs for maintenance of public security and traffic safety, the management organization should apply to the superior organization for permission.
Video surveillance system installation should get the legal power source and add circuit protection devices.
To apply for installing video surveillance system, should attach with the documents as follow:
1. Application form.
2. The floor plan and layout of amount of monitors, monitoring mechanical rooms, monitor locations and all line connection.
3. Identification documents of the owners of installation premises or license agreements.
4. Affidavit of maintenance fee, electricity fee, etc, related fees.
5. Other related documents.
Article 6
The compatibility and commonality of video surveillance system installation or equipment expansion must conform to remote control mechanism. It sends video to the platform of management organization and also has the functions of real- time transmission monitoring, storage of files, image retrieval and alarm for being tampered and of malfunction. However, those that have urgent need for video surveillance system and cannot plan and install simultaneously are not in this limit.
Article 7
When the superior organization receives applications, it must invite and gather related affair units of the government, local township offices and related organizations to convene verification conferences and site investigation. At the same time, need to inform village heads (chiefs of village) of installation locations and installation organization to join the site investigation or be present to make statements.
In order to process the application in the previous item, the review committee must be established, form the organization and review the procedures that are made by the superior organization as another point.
Article 8
The custodians should keep the video files recorded by the video surveillance system properly. The keeping period is at least if not more than one month and they can be disposed and made into records when expired. The management organization thinks there are necessary needs for public security or public affairs and the files have to be kept and used and preserved for one year. The retrieval and copy should be recorded in detail.
Article 9
The management organization can check and manage the maintenance and the situation of preserving video files regularly or irregularly and the manager cannot refuse.
In the previous item, the management organization can retrieve and copy when necessarily maintaining public security.
Hardware plans, installation, maintenance of management, retrieval, copy and storage of recording content of video surveillance system should be processed with the regulations and receive the supervision and verification from Information Security Management Committee of the government and comply with information security related regulations.
Article 10
The videos recorded by video surveillance system should be maintained as secrecy.
Stakeholders of civil and criminal affairs or administrative cases have to fill out application forms according to relevant regulations Administrative Procedure Act and Government Information Law and point out the specific time- period. After reporting to management organization and getting approval, can ask the custodians for retrieval or copy.
Due to urgent time, when applicants do not apply by the previous regulation, applicants should report and ask local police stations to send staff to do retrieval with applicants and should correct application procedures after.
Article 11
After installation organization is established, custodians should fulfill the management, maintenance and repair responsibilities other than using related equipment on irregular training. Management does not only send staff to check and repair when finding exception or malfunction but also should check regularly and report the records to superior organization for reference every 6 months.
If there is one of the situations listed below, for those that superior organization urges to improve within a time limit but go past the time limit and still do not improve, the superior organization can investigate the administration or criminal responsibility of custodians and other necessary punishments:
1. To install or change the locations or video directions of video surveillance system with authorization.
2. Those that offer the video files for others to retrieval and copy with authorization.
3. Those that do not fulfill the responsibility of management and result in unclear videos and lost functions.
4. Those that stop operating for more than three months without reason.
5. Others that violate the regulations.
Article 12
Funds of the video surveillance system donated by private or groups cannot be assigned to a particular location or amount. However, particular locations or amounts can be assigned after superior organization’s approval.
The donation in the previous item is for installation, maintenance, and repair fees of the video surveillance system only.
After the government processes recipient matters, the first donation will be handed to management organization for overall planning and manipulation.
Article 13
All kinds of management and repair funds of the video surveillance system should be prepared by each installation organization itself.
Article 14
The competent authority has to publish regularly or use other ways to make public or bulletin timely the locations that the video surveillance system is installed in the county.
Installation organization should clearly record the name of the installation unit and ways of complaint at proper places of equipment appearance.
Article 15
After finishing installing a video surveillance system, the installation organization should report to the management organization for reference and assign custodian units and custodians. When custodians change, there is a standard process for transferring and needs to be reported to a management organization.
Article 16
The required documents of the regulations are additionally made by the management organization.
Article 17
The regulation is implemented from issue date.