Security FAQ's

Are security cameras required for compliance with the Select Agent Regulations?

Surveillance cameras are not required by the Select Agent regulations (42 CFR part 73, 9 CFR part 121 or 7 CFR part 331).

If I use security cameras, how long should I retain the video?

If the entity considers the surveillance video a record created under Section 11 of Select Agent Regulations, the record must be maintained for three years. Otherwise, there is no specified time period to retain the video. We recommend that if the entity uses a surveillance camera as an enhancement to the entity's security measures (e.g., security monitoring device) that the video be maintained for a timeframe that would allow the entity to perform an investigation in the event one should be needed (e.g., 45 days) and that an individual review the video on a routine basis to ensure that there are no safety or security concerns.

When would the Select Agent Program consider a surveillance video a record created under Section 17 (Records) of the Select Agent Regulations?

The Select Agent Program would consider it a record under Section 17 of Select Agent Regulations if the entity decided to use the video as a record in lieu of another means and the video meets all the requirements outlined in Section 17 (Records).

It is very challenging to use video in lieu of another record. The video must be complete and retained for three years. It cannot be 'chopped' or 'edited.' This could make storage and queries very challenging.

If used as a record, the video must also contain all information as required by Section 17 (Records). This would include unequivocal identification of an individual or precise description of a strain of select agent and quantity. Simply showing that a storage area was accessed without associating it to a sample or person will not meet all the provisions outlined in Section 17.

Can surveillance cameras be considered a security barrier or used in lieu of an escort to prevent access to a select agent or toxin?

Cameras are not a security barrier and are not an acceptable substitute for the escort required by Section 11(Security). A surveillance camera can serve as an enhancement to the entity's security program (e.g., security monitoring device). The use of surveillance cameras as part of the entity security program should be documented in the security plan. The plan should address how cameras are used, how they are monitored, who monitors the cameras, and how information obtained through camera surveillance supports the security program.

I am installing cameras, what's the best kind to get?

If the entity determines that cameras are appropriate for their particular security needs, the entity should evaluate the systems available that meet their need. The Select Agent regulations do not contain recommendation for specific makes or models of cameras.

Are personnel monitoring the surveillance cameras required to undergo a security risk assessment?

It would depend on the individual's duties. If the individual monitoring the surveillance camera is able to access the select agent or toxin, the individual would need to undergo a security risk assessment. A registered entity may not provide an individual access to a select agent or toxin, and an individual may not access a select agent or toxin, unless the individual is approved by the HHS Secretary or APHIS Administrator, following a security risk assessment by the Attorney General. An individual will be deemed to have access at any point in time if the individual has possession of a select agent or toxin (e.g., ability to carry, use, or manipulate) or the ability to gain possession of a select agent or toxin. However, if the individual's duties are limited to only observing the camera feed and they will never be able to access the select agent or toxins, then the individual would not need to undergo a security risk assessment.