In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.
Lancashire County Council occasionally uses body worn cameras in order to protect council officers dealing with members of public in situations where they are particularly vulnerable to abuse or where there is an ongoing need to capture images or speech for evidential purposes.
Any use of body worn cameras is governed by internal policies and is conducted in accordance with the law. Lancashire County Council will never continuously record using body worn cameras and will only utilise such technology where there is a legitimate need to do so.
In the event that body worn cameras are in operation, Lancashire County Council operators will take all reasonable steps to make sure those captured in such footage are made aware that recording it taking place.
The legal basis for processing your personal data, in accordance with the UK GDPR is:
(c) Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.
(d) Vital Interests: the processing is necessary to protect someone's life.
(e) Public Task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.
In this instance the legislation that informs this processing is as follows,
Depending upon the individual circumstances one or more of the above lawful basis for processing may be applied.
Human Rights Act 1998: Article 6 provides the right to a fair trial. All images captured through the use of a body worn camera have the potential to be used in court proceedings and must be safeguarded by an audit trail in the same way as any other evidence. Article 8 of the Act concerns the right for private and family life, home and correspondence. Recordings of individuals in a public place are only public for those present at the time and may still be regarded as potentially private. Any recorded conversation between individuals should always be regarded as private and users of body worn cameras will ensure that they refrain from recording anything which is beyond necessary with respect to a confrontational situation.
The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:
(b) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law
(c) Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
(f) Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
(g) Processing is necessary for reasons of substantial public interest.
The substantial public interest condition met in these circumstances falls under the Data Protection Act 2018 Schedule 1 Part 2 (10) Preventing or detecting unlawful acts.
Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.
|File type||Description||Security||Retention period|
|Audio and visual recordings||Audio and visual recordings made using body worn cameras||Yes device and associated software is password protected and stored in staff only areas when not worn securely by staff member.||Up to 6 weeks and then overwritten.
If footage is identified and utilised for specific purposes (for example law enforcement), footage will be retained for 7 years from closure of investigation.
You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:
If you want to exercise any of these rights then you can do so by contacting:
Information Governance Team
Lancashire County Council
PO Box 78
Or email: email@example.com
To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.
If you would like more information about this specific activity then please contact firstname.lastname@example.org.
For more information about how we use personal information see Lancashire County Council's full privacy notice.
If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.
Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: email@example.com
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).