Community Safety including CCTV and Environmental Crime Privacy Notice
Privacy Notice for Community Safety including CCTV, Body Worn Cameras, Dash Cams and environmental crime
We are committed to tackling and reducing crime, anti-social behaviour and the fear of crime and to provide a safer environment for those people who live and work in the borough of Dartford and for visitors travelling through our borough.
We have installed CCTV (closed circuit television) cameras in various locations across our borough, including premises owned by us. There are visible signs showing that CCTV is in operation.
Section 163 of the Criminal Justice and Public Order Act 1994 creates the power for local authorities to provide closed circuit television coverage of any land within their area for the purposes of crime prevention or victim welfare.
We use body worn cameras for our enforcement activities and for our staff’s personal safety and welfare. The recordings provide video and audio evidence of interactions between our staff, our contractors and members of the public. All recordings are incident specific. Clear signage is displayed, for example on an individual’s uniform, to show that recording is taking place and whether the recording includes audio.
We use dash cams (outward only facing) for our staff’s personal safety and welfare, accident liability and on occasion, to record unlawful activities. There are visible signs on our vehicles to show that recording is taking place and whether the recording includes audio.
Our CCTV, body worn cameras and dash cams are overt methods implemented to promote public reassurance, capture best evidence, modify behaviour, prevent harm and deter people from committing crime and/or engaging in anti-social behaviour.
Processing activity - in order to undertake our community safety functions, it is necessary for us to collect and hold personal information. In general terms, we process personal information relating to:
- the investigation and detection of crime and disorder
- the detection and prevention of terrorism
- the instigation of legal proceedings
- accident liability
- general correspondence between you and us on matters related to our community safety functions
Information requirements - our processing activities may include:
- name, address, email, telephone number
- date of birth
- audio commentary
- video and digital imagery
- vehicle registration numbers
- referrals from partner agencies
- profiles provided by Police intelligence analysts
- details of crime incidents
- anti-social behaviour incidents
- information regarding neighbour disputes and community conflicts
- anti-social behaviour diaries
- statistics regarding unlawful encampments such as location, how many caravans, how many vehicles, date arrived, how many days stayed, powers used to remove and family name
- nomination forms relating to individuals at risk of radicalisation
- specific locations relating to activities of individuals
- Police intelligence or data relating to specific individuals, or groups of people
- case notes from health services
- case notes from public and government agencies
- personal data captured in minutes from meetings
Lawful bases 1- our lawful bases for processing your personal information under the UK GDPR and our legal gateways are:
- our legal obligation(s) under the:
- Control of Pollution Act 1974 (environmental crime)
- Refuse Disposal (Amenity) Act 1978 (environmental crime)
- Children Act 1989 (safeguarding children and young persons)
- Environmental Protection Act 1990 (environmental crime)
- Town and Country Planning Act 1990 (environmental crime)
- Criminal Justice and Public Order Act 1994
- Criminal Procedure and Investigations Act 1996 (prosecutions)
- Crime and Disorder Act 1998 (duty to consider crime and disorder)
- Regulation of Investigatory Powers Act 2000
- Anti-Social Behaviour Act 2003 (tackle anti-social behaviour in local communities)
- Children Act 2004 (safeguarding children and young persons at risk)
- Clean Neighbourhoods and Environment Act 2005 (environmental crime)
- Mental Capacity Act 2005 and associated Code of Practice 2007 (safeguarding)
- Protection of Freedoms Act 2012 and Protection of Freedoms Act 2012 (Code of Practice for Surveillance Camera Systems and Specification of Relevant Authorities) Order 2013 and Surveillance Camera Code of Practice Section 29 Protection of Freedoms Act 2012
- Anti-Social Behaviour Crime and Policing Act 2014 (anti-social behaviour)
- Care Act 2014 (safeguarding adults at risk)
- Immigration Act 2014
- Counter-Terrorism and Security Act 2015
- Modern Slavery Act 2015 (trafficking and slavery offences)
- Serious Crime Act 2015 (fraud)
- in the public interest or in the exercise of official authority vested in us (in accordance with the legislation referred to above) - public space CCTV is provided under the Criminal Justice and Public Order Act 1994 to "promote the prevention of crime", by virtue of the Data Protection Act 2018 s30(1)(b) and s31 as "promoting the protection of crime" satisfies the purpose of prevention of crime (for law enforcement purposes). Our off-street car parks are provided under the Road Traffic Regulation Act 1984 to relieve or prevent traffic congestion and/or preserve local amenities. CCTV protects our car parks from trespass and to ensure that in protecting our property, legitimate users of our facilities are able to park unhindered in our car parks.
- for the purposes of our legitimate interest (we can use ‘legitimate interests’ if we can demonstrate that the processing is for purposes other than for performing our tasks as a public authority). In this context, our objectives are to:
- protect our premises for example - our Civic Centre against burglary, theft or vandalism;
- protect our staff’s personal safety and welfare
These objectives constitute our legitimate interests for video surveillance. A third party could reasonably expect and conclude to be subject to monitoring in these specific situations.
We have a Legitimate Interests Policy that sets out how this information will be handled.
Reasons for processing - some of the information that is collected and shared is classified as
- special category personal data eg: health related personal information;
- criminal convictions and offences (including alleged offences)
This is processed for reasons of substantial public interest under the laws that apply to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.
Data Processor - our litter enforcement is provided by Kingdom Local Authority Support. This company is a data processor for us and only processes personal information in line with our instructions.
Data sharing - to aid with the detection and prevention of criminal acts, we may collect from and share your
- council department(s)
- local authorities
- insurance agencies
- Member of Parliament
- Kent Police
- Kent Fire and Rescue Service
- Kent County Council
- Project Dovetail (Prevent)
- Metropolitan Police
- London Transport Police
- Retail Security Group D-TAC
- National Probation Service
- Crown Prosecution Service
- Border Force
- HM Revenue and Customs
- Trading Standards
- Registered Social Landlords
- School Academies
We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018.
Further processing of your personal information (referred to as secondary use of personal information) is only permitted as long as the new processing activity is not incompatible with the original purpose. Before processing personal information for a secondary use, we assess whether the sharing is within the original lawful basis for processing (see above) and ensure that the information is only used in a way that is ethical and in the public interest.
Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept in accordance with the retention period(s) referred to in the Information Asset Register (Enforcement and Regulatory Services) unless exceptional circumstances require longer retention eg: a pending court case. All information will be held securely and disposed of confidentially.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
You can also object to our processing where we are relying on the ‘legitimate interests’ lawful basis. The burden is on us to prove that we have compelling grounds to continue processing the data.
Please refer to the following privacy notices for further details of how we process your personal information and for details on your additional rights:
- Corporate Privacy Notice
- Parking Services
- Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
GDPR Privacy Notice for Community Safety including CCTV and BWCs and Dashcams and Environmental Crime