Fair processing notices - Community CCTV

This notice is to tell you about why we need your information and how we will handle it. This notice is for:

• Public Space CCTV
• Public Building CCTV

How we use your personal information

We are a Data Controller for the purposes of Closed-Circuit television (CCTV) processing and are responsible collecting and processing certain personal data. When we do so, we are regulated under the United Kingdom General Data Protection Regulation (UK GDPR) and the Human Rights Act.

What Information do we capture?

Stoke-on-Trent City Council has CCTV in operation at various locations across the City in both Public Space and its Public Buildings. CCTV will capture images in real time wherever the cameras are pointed and these cameras may capture footage of you whilst you are in Public Spaces or in City Council Public buildings. Cameras have been situated both externally and internally.

The Purpose of the CCTV Scheme is:

• To detect, prevent or reduce crime
• providing high quality evidence which may assists in the detection of crime and the apprehension and prosecution of offenders
• protecting property
• to reduce the fear of crime
• to create a safer environment
• to assist with civil matters where there is a legal basis
• to assist with health and safety and other serious occurrences, including internal employment issues, for example, disciplinary investigations, where appropriate to do so.
• to assist with issues relating to public safety and health
• to assist and reassure the public in emergency situations
• to provide data intelligence for insurance claims, incidents and accidents
• to enable the City Council to deliver its services in an efficient and effective manner.

Why are we allowed to process your information?

Data Protection law allows us to process your information within certain conditions. We rely on the following lawful basis in the UK GDPR to collect and use your personal data:

• Processing is necessary in order to protect the vital interest of the data subject or of another natural person - Article 6(1)(d).
• Processing is necessary for the performance of a task carried out in the public interest - Article 6(1)(e).

In this case we are using as the lawful condition for us to do this:

• Our legal obligations
• our legitimate interests.

We also need an appropriate lawful reason to process sensitive data. In this case we are processing your sensitive personal data because it is

• Of substantial public interest
• necessary as part of your employment or of social security and protection law

Additionally, the processing is necessary for compliance with:

• The Common Law Duty of Care.
• Health and Safety at Work Act.

Who will we share this with?

Sometimes we need to share the data we hold with other agencies investigating criminal or civil matters such a s the Police other agencies. We will only do this when it is necessary and there is a lawful basis to do so.

We may also be asked for footage from insurance companies at times to resolve incidents

However, there is no planned regular or scheduled sharing of CCTV footage with any external organisations outside of criminal or civil investigations. Should this situation change, this fair processing notice will be updated and reissued, in order to keep you fully aware of how the Council plans to use CCTV footage which you may be captured in.

Footage may be shared with an individual in response to a subject access request (SAR). The CCTV images and videos are generally kept for a very limited time, you should make your SAR request without delay. You should provide as much information as possible about when and where the image or images were captured, i.e. the specific date, time, location of the camera. Identity documents and any other supporting information will be requested by the CCTV Team that might assist in identifying you such as the colour and or type of clothing worn on the date and time in question.

Where a subject access request is made, efforts will be made to seek the consent to disclosure of images of any other individuals captured in the footage, and where this is not possible, consideration will be given as to whether it is reasonable to share the information without their consent.

The City Council may not be able to share the image or a video under a subject access request if:

• Other people can be seen in it.
• The City Council is unable to edit out people to protect their identity.

In certain circumstances, the City Council can refuse your request if sharing the imagery or the video could put an ongoing criminal investigation at risk.

Retention period

Images and videos captured by CCTV will not be kept for longer than 31 days. On occasions, however, there may be a need to keep images and footage for longer, e.g. where a crime is being investigated or it may become relevant to an investigation. In such cases, images will be retained for a long as necessary (e.g. until the conclusion of any criminal proceedings arising from the incident).

The City Council reserves the right to amend this privacy notice at any time and will keep it under review.

• For CCTV images linked to a Subject Access Request (SAR), please contact the FOI Team: FOI@stoke.gov.uk
• If you have any queries regarding how your data is handled, please contact the CCTV team at CCTV@stoke.gov.uk