188体育

16 August 2021

/surveillance-camera-commissioner

Ambassador Pierre-Richard Prosper Partner, Arent Fox LLP

Dear Ambassador Prosper

Hikvision Notes & Queries - August 2021

Further to Justin鈥檚 letter of 10 August 2021 which restates a number of the points from his original letter to Valued Partners that I queried, we need to clarify/note the following please:

Justin鈥檚 latest letter states that 鈥渨e do not oversee and control our devices once they are passed to installers鈥� Operational matters are not within our remit鈥�. This conveys the impression that Hikvision simply manufacture and supply cameras, however, there is documentary evidence that suggests otherwise. For example, the public procurement by Zhongzhao International Tendering Co Ltd. (ref. TC179H2TH) shared with our office refers to the award of a contract for the PiShan County Social Prevention and Control System. This contract is to work in close partnership with the government to 鈥淒esign, Build, Finance, Operate & Transfer the system. It refers to a 鈥渃o-operation system鈥� the contractual life cycle of which is 21 years, of which the construction period is 1 year. 鈥楥o-operation鈥� connotes actively and willingly working with others to achieve an outcome and the winning bidder and delivery partner for this high value (335.99m youan) 鈥榮ocial prevention and control programme鈥� is Hangzhou Hikvision System Technology Co. Ltd.

The tender award announcement goes on to describe the 鈥渞isk distribution structure鈥� under the terms of which the 鈥榗ommercial risks鈥� - such as design, 鈥�operation and maintenance - are borne by the winning bidder while 鈥渓egal and policy risks鈥� are for the government; force majeure risks are shared. Again, this is very clearly a joint enterprise arrangement under which operational matters are expressly within the company鈥檚 contractual remit, intended to last for two decades. It would help me considerably if Justin could confirm the role and contribution of Hikvision in this project and also the following Prevention and Control projects referred to in Hikvision鈥檚 Annual Report to Shareholders 2020: ^{[footnote 1]}

Urumqi High-Tech Zone (New Urban Area) Safe City and Surveillance System for Social Comprehensive Management

MoYu Security Protection & Prevention Control System

PiShan Security Protection & Prevention Control System

LuoP Security Protection & Prevention Control System

YuTian Safe City PPP Project Agreement

Justin goes on to reiterate that 鈥淗ikvision respects human rights and takes our responsibility to protect people seriously. Hikvision fully embraces and has implemented the foundational and operational principles laid out in the U.N. Guiding Principles of Business and Human Rights.鈥�

This is helpful as the Guiding Principles are of central relevance to the matters arising in the course of our correspondence. For example, they require States to take additional steps to protect against human rights abuses by business enterprises that are owned or controlled by the State (Principle 4) and that businesses should 鈥渟eek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts鈥�(Principle 13 emphasis added). The principles also require businesses to consider additional standards in some circumstances such as in the respect for the human rights of 鈥渋ndividuals belonging to specific groups or populations that require particular attention鈥�, such as indigenous peoples; women; national or ethnic, religious and linguistic minorities and children (Principle 12).

Perhaps most importantly here, the principles require that, in all instances, businesses should provide information that is sufficient to evaluate the adequacy of an enterprise鈥檚 response to the particular human rights impact involved (Principle 21 emphasis added) which could scarcely be more germane. My requests for such information are entirely consistent with this 鈥榝oundational principle鈥� and I am encouraged to see Hikvision鈥檚 commitment to providing it.

Finally, Justin refers to a 鈥榗ollaboration鈥� with my predecessor which, he says, was 鈥渋n large part about fostering trust in the surveillance industry鈥�. While I am unaware of the extent of any such collaboration I believe that fostering trust is critical to the effective operation of surveillance camera systems as envisaged by my statutory functions and it is to that end that I am trying to obtain clarity, specificity and transparency in what Justin acknowledges are serious matters.

Yours sincerely

Fraser Sampson, Biometrics and Surveillance Camera Commissioner