Privacy Notice – Bodycam Technology
South Hams District Council takes your privacy seriously.
In order to deter and capture any aggressive actions towards staff members during their duties, bodycam technology may be used by Civil Enforcement Officers whilst undertaking their duties. This notice sets out what we will do with your personal information and who we may share it with in respect of the above.
How we use your information
Bodycam technology is an overt method implemented to improve the safety of our officers, deter aggressive and anti-social behaviour, prevent harm and capture any of these instances if they occur.
The camera will constantly record, but automatically delete footage every 30 seconds, unless the recording function is activated by the officer, in the event of any aggressive actions towards them or there is another legitimate reason to undertake filming. When the recording function is activated, a light will flash to confirm that recording is taking place.
There is a ‘pre-record’ function on the device, which means that when the Civil Enforcement Officers are carrying out their duties, the cameras will be continually background recording on a ‘loop’, for 30 seconds at a time. This 30 second mini-recording is then recorded-over by a new 30 second recording, and this process continues over and over again throughout the day.
The most recent 30 second of ‘pre-record’ footage is only retained on the device if the Civil Enforcement Officer activates the record button. The device then captures and retains that preceding 30 seconds of footage with the recording of the incident.
Unless the record button is activated, the 30 seconds of pre-record footage is automatically deleted when the camera is turned off.
This ‘pre-record’ feature should help to establish/clarify what has led to the record function being activated.
Recordings will not be made of general patrolling duties or to capture evidence of parking contraventions.
The devices will only be used in a public place.
Personal data that we may collect includes photographic, video and digital imagery and audio commentary. This is to provide a reliable record of the incident, as it may be used as evidence in an internal or external investigation. The minimum amount of personal information necessary will be used.
Footage cannot be accessed on the device itself. The device needs to be connected to software stored on the Councils network, which will import the footage from the device to the network, at which point it can be viewed. Access to footage will be limited to authorised officers of the Councils and the Police for law enforcement purposes only.
How the law allows us to share your information
The Councils are processing this personal information as it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and in the Legitimate Interests of the Councils. This is in accordance with Article 6(1)(e) and Article 6(1)(f) of the General Data Protection Regulation.
Under Article 6(1)(e) Civil Enforcement Officers will wear and activate Bodycam Technology when they believe an individual, or individuals are being aggressive, or there is potential for aggression. The use of the Bodycam Technology will not be continuous and the activation of the Bodycam Technology must be shown to be proportionate, legitimate, necessary and justifiable. Use of the equipment will address real concerns and a pressing social need. The uniform of the Civil Enforcement Officers will have clear signage to indicate that recording may take place and the equipment will flash when the recording function has been activated.
Under Article 6(1)(f) the Council has a legitimate interest to process personal data in the form of Bodycam Technology to ensure the safety of its employees. In considering the balance with the fundamental rights and freedoms of individuals, it is important to note that recording will only be commenced where an officer is being treated in a manner that they feel is threatening. Any recording will also be available to the data subject on request of a valid subject access request. It will be important that officers are aware that a verbal request made to them to see any recorded footage will be a valid request. This will be captured within the operational guide for officers.
The Councils will not process any special category data for this purpose.
Sharing your information
The personal recorded will not be shared outside of the Councils for any purpose unless required by law, to prevent or detect crime or to protect public funds.
Transferring of data outside the EU
Your data will not be transferred outside of the EU. It will be securely stored electronically within the UK only.
Length of time we keep your information
The Councils will retain personal data for a maximum of 30 days, unless it is required to be kept longer for the purpose of an investigation, is required as evidence by a prosecution agency (i.e. The Police), or has been requested as a Subject Access Request under the Data Protection Act 2018 and General Data Protection Regulation 2018.
All recordings will be securely held in accordance with agreed data protection procedures. The cameras will encrypt all recordings so that there can be no unauthorised access to any data recorded. Access to recordings will be restricted only to authorised personnel.
We may amend this privacy notice at any time, so please review it frequently. The date at the bottom of each page will be amended each time this notice is updated.
Individual rights
You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website.
If you would like to exercise any of these rights, please email the data protection officer.
The Data Controller for your information
South Hams District Council
Follaton House,
Plymouth Road,
Totnes,
Devon
TQ9 5NE
Data Protection Officer
The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE
If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by email, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE
If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:
- Telephone them on 0303 123 1113
- Visit their website at www.ico.org.uk/concerns
- Write to them at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF