Privacy Notice - Body Worn Camera

What this privacy notice is for

Our core data protection obligations and commitments are set out in the council’s primary privacy notice at www.oldham.gov.uk/DataProtection

This notice provides additional privacy information for:

  • Members of the public
  • Oldham Council employees
  • Other organisations and professional persons

Regarding the use of Body Worn Camera devices:

  • Externally across the Oldham Council borough
  • Internally within premises the council is responsible for

Updating our privacy notices

We may update or revise our privacy notices at any time so please refer to the version published on our website for the most up to date details.

What we use your information for

We collect your personal information for the following purpose(s):

  • For the safety and welfare of members of the public, our employees and all other individuals
  • To assist in the prevention and detection of suspected criminal offences
  • For the security of our premises and also those under a service level agreement with Oldham Council
  • Improvements to service performance
  • To process requests for footage release

What categories of personal information we use

Personal information can be anything that identifies and relates to a living person. This can include information that when linked with other information, allows a person to be uniquely identified. For example, this could be your name and contact details.

The law treats some types of personal information as ‘special’ because the information requires more protection due to its sensitivity. This information consists of:

  • Racial or ethnic origin
  • Sexuality and sexual life
  • Religious or philosophical beliefs
  • Trade union membership
  • Political opinions
  • Genetic and bio-metric data
  • Physical or mental health
  • Criminal convictions and offences

In order to carry out these purposes we collect and obtain the following personal information shown in the following  table:

Category of personal data

Special/ Sensitive

Moving/static images/dialogue of living individuals

Yes*

 

 

*whilst we do not intentionally capture special/sensitive categories of personal data there may be occasions when they are incidentally featured as part of the overall footage.

Legal basis for processing

The legal basis for processing and/or sharing your personal information is: 

  • Under the terms of a contract
  • Where we have a legal obligation
  • Under the duties of a public task
  • Where we have a vital interest

Examples of the legislation that support this are listed here:-

  • Crime and Disorder Act 1998
  • Health & Safety Act 1974
  • Regulation of Investigatory Powers Act 2000
  • Protection of Freedoms Act 2012
  • Data Protection Act 2018
  • Human Rights Act 1998
  • Trademarks Act 1994
  • Consumer Rights Act 2015
  • Environmental Health Act

Information sharing/recipients

We may share Body Worn Camera footage/audio held on our systems relating to you, in limited and specific circumstances with the following organisations:

  • Internally with other parts of the Council
  • Police
  • Ambulance Service
  • Fire & Rescue Service
  • Solicitors
  • Insurance companies/Claims Handlers
  • Other Local Authorities
  • Other Government Departments and Executive Agencies eg. DWP, HMRC, Environment Agency, DVSA

As well as information collected directly from you, we may also obtain or receive information relating to you from:

  • Internally from other parts of the Council
  • Police
  • Ambulance Service
  • Fire & Rescue Service
  • Solicitors
  • Insurance companies/Claims Handlers
  • Other Local Authorities
  • Government Departments and Executive Agencies eg. DWP, HMRC, Environment Agency, DVSA
  • Members of the public

Data Transfers beyond European Economic Area

We do not transfer any of your personal information outside the European Economic Area (‘EEA’).

Automated Decisions

All the decisions we make about you involve human intervention.

Our Guide to Exercising Your Rights outlines the procedure to ask us for an automated decision to be reviewed by an appropriate officer. This can be found at www.oldham.gov.uk/yourdatarights

How long we keep your data

We will only keep your personal information for as long as the law specifies or where the law does not specify this, for the length of time determined by our business requirements.

  • The normal duration for retaining body worn camera footage is no more than 60 days
  • In the case of any legal proceedings (both criminal and civil) we may keep body worn camera footage beyond 60 days until those proceedings have concluded and the purpose to retain the body worn camera footage ceases to exist.
  • Where we provide a service to another organisation under a contract and body worn camera footage is captured in association with providing that service, we may be required to retain personal data for a period of twelve months after the expiration of that contract.

Where can I get advice

More information on how to seek advice in order to exercise your rights, raise a concern or complain about the handling of your personal information by the council can be found in the council’s privacy notice which can be found at www.oldham.gov.uk/dataprotection