Delta State Public Occupational Safty Law

DELTA STATE PUBLIC OCCUPATIONAL SAFTY LAW

1. Short Titile and Commencement. This Law may be cited as the Delta State public Occupational Satfty Law, and shall come into force on 28th day of July, 2020.

2. Interpretation. In this Law: "Camera" means the Prescribed Surveillance Camera; "Footage" means the image or Picture Captured with the aid of the Camera; "Magistrate Courts" means the Magistrate Courts of Delta State; "Public Place" includes the places listed in the schedule to this Law; "Security Agencies" means the Police, Department of State Services, the Nigera Sevcurity and Civil Defence Corps, and any other Security Agencies in the State recognized by Law; "State" means Delta State of Nigeria.

3. Use of camera in Public Places. (1) From the Commencement of this Law, every owner or proprietor of any of the Public Places listed in the schedule to this Law, shall procure and install the prescribed smart Surveillance Camera in such Public Places. (2) The Camera shall be installed or mounted to capture the view from both the inside and the surrounding premises of the Public Place where it is mounted.

4. Restrictions. The footage taken by the camera shall: (a) be used for the purpose of crime detection and prevention; (b) not be deleted; (c) not be released to a third party, except to the Police and other relevant Security Agencies on the order of a court of law.

5. Offences. The Film Footage of any Picture bordering on crime captured by the camera shall be an evidence and proof of commission of such crime or offence by the person captured therein unless the contrary is proved.

6. Use of Cameras in Private Homes. It shall be lawful for any owner of private residential building to install or mount any form of camera in his premises for the purpose of security surveillance provided that such camera is not projected to capture image or pictures for any room or building near or adjacent to the premises where it is installed.

7. Offences. (1) It shall be unlawful and shall constitute an offence for any person without authority to remove, destroy, redirect the position or tamper with a camera installed or mounted in any public place. (2) A Person who commits an offence under sub-section( l) of this Section shall on conviction be liable to imprisonment for a term of two years or a fine of NI,000,000.00 (One Million Naira) or both. (3) Any owner or proprietor of a Public place listed in the schedule to this Law who fails, refuses or neglects to procure and/or install the prescribed camera shall be guilty of an offence under this Law and shall upon conviction be liable to imprisonnrent for a tenrm of two years or a fine of N500,000 (Five Hundred Thousand Naira) or both and the premises shall be liable to and sealed up until such owner or proprietor complies with the provisions of this Law. (4) ln the case of a corporate body, such defaulting corporate body shall be liable to a fine of N500,000 (Five Hundred Thousand Naira) and sealing up of the premises until compliance with the provisions of this Law. (5) Any owner of a private home or premises who uses the camera to take a picture of any person for the purpose of intimidating, black mailing or cause any form of disrepute to such person, commit an offence and on conviction shall be liable to imprisonment for one year or a fine of N300,000.00(Three Hundred Thousand Naira) or both. (6) Offences under this Law shall be tried in the Magistrate Court. DELTA STATE PUBLIC OCCUPATIONAL SAFTY LAW (Section 3)