Closed Circuit Television (CCTV) - Privacy notice

Your personal data

“Personal data” is any information about a living individual, which allows them to be identified from that data (for example a name, photographs, videos, email address, or address).

Identification can be by directly using the data itself or by combining it with other information, which helps to identify a living individual.

The processing of personal data is governed by legislation relating to personal data, which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR) and other legislation relating to personal data and rights such as the Human Rights Act.

What personal information is being processed and what for

CCTV recordings are used for public safety interests and the prevention and detection of crime. Recordings also provide enforcement agencies with evidence of criminal activity, for formal actions including prosecutions in court and identification of offenders in investigations.

These recordings contain images of the public going about their daily business as well as offenders, persons wanted and missing.

On occasions where RIPA applies, this may include targeted footage of private property.

The CCTV database is used to record incidents that are actioned by the CCTV control room staff. This information can be used as an evidential log if needed for court. It is also used to produce reports, charts etc for performance and intelligence purposes as well as for internal/external partner agencies and Cheshire Police.

We also share with Insurance Companies when authorised by the Data Protection and Compliance Team. It also acts as a reference for operators to use on shift handover. We will record the details of each incident, what happened, any outcomes and what action was taken.

The database also documents the location, time, date, and offender details including name, date of birth, address, mental state if relevant, racial origin and relevant Police data. We will record and share details and activities relating to those suspected of criminal offences under investigation. The database also holds information/data of callers.

Why we are allowed to use your information

The legal basis for using the information you provide us is:

• for the interest of public safety, the prevention and detection of crime, apprehension and prosecution of offenders and for legal proceedings
• public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
• in some circumstances - Vital interests: the processing is necessary to protect someone’s life

The lawful basis for holding and processing the data comes under:

• Section 163 of the Criminal Justice and Public Order Act 1994
• Crime and Disorder Act 1998
• Protection of Freedoms Act 2012
• In certain Circumstances - Regulation of Investigatory Powers Act

We also use your personal data for some or all of the following purposes:

• to deliver public services, including to understand your needs to provide the services that you request and to understand what we can do for you and inform you of other relevant services.
• to confirm your identity to provide some services.
• to help us to build up a picture of how we are performing.
• to prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions.
• to enable us to meet all legal obligations and powers including any delegated functions.
• to seek your views, opinions or comments
• to send you communications which you have requested and that may be of interest to you. These may include information about campaigns, appeals, other new projects or initiatives.
• to allow the statistical analysis of data so we can plan the provision of services.

We will usually seek your consent prior to processing or sharing your information, however, if there is a legal reason, we may not require your consent, e.g. where the disclosure is necessary for the purposes of the prevention and/or detection of crime.

Where we need to disclose sensitive or confidential information such as medical details to other partners, we will do so only with your prior explicit consent or where we are legally required to.

Who we will share your information with

Information will be shared with:

• CCTV operators
• Internal/External enforcement agencies Trading Standards, HMRC .
• Police Forces
• Fire and Rescue Services
• with members of the public under very strict Data Protection or Freedom of Information conditions
• we will also share information with Insurance Companies, but only when we have been authorised by the Data Protection and Compliance Team at Cheshire East Council
• we will share details of those convicted with local crime reduction partnerships.

Where we get your information from

From CCTV Cameras feeding live video images into the CCTV control room, Police, Airwave Radio, Shop and Pubwatch radio, emails, and from phone callers.

How long we will keep your personal information

CCTV images are held for 21 days for non-requested footage, and 6 months for any footage requested and secured.

CCTV database information is held for 3 years.

How your information is stored

CCTV video images are recorded in real time onto a secure CCTV locked system which is stand-alone and not connected to any internal or external network.

Other information is held on a secure electronic database hosted on the Councils secure internal network and both are fully access restricted / auditable.

What happens if you don’t provide us with your information

Information is gathered on a 24/7 basis from many means but not often from the subject themselves. Information from direct callers which is refused may delay or stop us being able to provide a service response

Will your information be used to make automated decisions

No

Your rights

You have a number of rights regarding your personal data, including withdrawing your consent where we have asked for it. You can also ask for a copy of the information we hold about you and ask us to correct anything that is wrong.

For detailed information about your rights please see our privacy notice.