Body Worn Video Devices Privacy Notice
Who the Council is and what the Council does
West Oxfordshire District Council is a data controller under the Data Protection Legislation as the Council collects and processes personal information about you in order to provide services and meet their statutory and regulatory obligations.
The Council is committed to compliance with the Information Commission’s data protection code of practice for surveillance cameras and personal data, the Home Office’s surveillance camera code of practice and the council’s own BWV camera policy.
A number of our officers’ operate body worn video devices. Our body worn video devices process video images and audio data of members of the public generally and particularly people who come into contact with our officers.
This notice explains why the Council asks for your personal information, how that information will be used and how you can access your records.
Any questions regarding our privacy practices should be sent to:
Data Protection Officer (DPO)
West Oxfordshire District Council
Council Offices, Witney, OX28 1NB
Email: data.protection@westoxon.gov.uk
Tel: 01993 861194
Why the Council needs your information and how the Council uses it
The personal data is collected and processed by body worn video devices when officers are undertaking statutory regulatory duties which are linked to an investigation of, or the prevention of, offences under the regulatory areas the council enforces. Personal data is also processed more generally to ensure a true and accurate record is made of events and to keep our staff and contractors safe from abuse or harm.
Body Worn Video device 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 council is committed to compliance with the Information Commission’s data protection code of practice for surveillance cameras and personal data.
Body Worn Video Cameras are used by the council’s Enforcement Officers. This will include, but is not limited to, our Parking Enforcement Officers, Planning Enforcement Officers, Licensing Officers, Dog Warden and Environmental Officers.
The Council does not sell your personal information to anyone else.
What is the legal process for collecting and processing this data
The Council is 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 and Part 3 of the Data Protection Act 2018 (DPA 2018).:
- Under Article 6(1)(e) Civil Enforcement Officers will wear and activate body worn video devices when they believe an individual, or individuals are being aggressive, or there is potential for harm. 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 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.
- Part 3 of the Data Protection Act 2018 (DPA 2018) specifically governs the processing of personal data by competent authorities (like police or CPS) for law enforcement purposes, such as preventing crime, investigating offences, and executing penalties.
What type of information is collected from you
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 council is committed to comply with the Information Commission’s data protection code of practice for surveillance cameras and personal data, the Home Office’s surveillance camera code of practice and the council’s own body worn video device procedure.
Who your information may be shared with (internally and externally)
Body worn video recordings may be shared with law enforcement agencies, prosecution agencies, legal representatives and third parties where it is lawful to do so.
The Council will not share your information with third parties for marketing purposes.
How long the Council keeps your information (retention period)
The data will be kept in accordance with our retention schedule, unless it is required to be kept longer for the purpose of an investigation.
Once your data is no longer needed it will be securely and confidentially destroyed or disposed of the data in line with retention schedules.
How the Council protects your Information
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.
The Council will not transfer your personal data outside the EU without your consent.
The Council have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse or unauthorised alteration or destruction.
Please note however that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.
The Council will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.
Your rights
You have the following rights under the Data Protection Legislations:
- To access your personal data
- To be provided with information about how your personal data is processed
- To have your personal data corrected
- To have your personal data erased in certain circumstances
- To object to or restrict how your personal data is processed
- To have your personal data transferred to yourself or to another business in certain circumstances
- To be told if the Council have made a mistake whilst processing your data and the Council will self-report breaches to the Commissioner.
How you can access, update or correct your information
The Data Protection law gives you the right to apply for a copy of information about yourself. This is called a ‘Subject Access Request'. You can request footage under article 15 of the UK GDPR. You are entitled to receive a copy of your records free of charge, within a month. In certain circumstances access to your records may be limited, for example, if the records you have asked for contain information relating to another person. Please contact: Data.protection@westoxon.gov.uk
The accuracy of your information is important to us to be able to provide relevant services more quickly. The Council is working to make our record keeping more efficient. In the meantime, if you change your address or email address, or if any of your circumstances change or any of the other information the Council holds is inaccurate or out of date, please email us or write to us at:
Data.protection@westoxon.gov.uk
Further information
If you would like to know more about how the Council uses your information, or if for any reason you do not wish to have your information used in any of the ways described in this privacy notice, please contact the Data Protection Officer at data.protection@westoxon.gov.uk
For more information about data protection please visit:-
www.westoxon.gov.uk/about-the-council/council-data-and-information/data-protection/
If you are concerned about the way the Council is handling your personal information you can contact the Information Commission (IC): https://ico.org.uk/make-a-complaint/
The Council reserve the right to update this privacy notice from time to time by publishing a new version on our website