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Privacy Notice - CCTV Operations

Please read the following Privacy Notice carefully.

The purpose of this Privacy Notice is to explain how and for what purposes we process your personal data. It applies to personal data that is processed electronically and on paper. 

Why we are collecting your data

Basildon Council has installed CCTV cameras in various locations across the borough for the main purposes of public safety interest and for the prevention, detection and reduction of crime, disorder, anti-social behaviour and the fear of crime by helping to provide a safer environment for those people who live and work in the area and for visitors travelling through the area.

In all locations, signs are displayed notifying you that CCTV is in operation, the reason for the CCTV along with details of who to contact for further information about the scheme.

Information collected

  • Live video recording images of an identifiable individual 24 hours a day
  • These recordings contain images of the public going about their daily business as well as offenders and persons wanted and missing
  • Recordings also include the location, time and date

Some examples of how we use Basildon Borough Council CCTV footage and data in the borough are:

  • to help identify, apprehend and prosecute offenders
  • to provide the Police/Council with evidence to enable criminal and/or civil proceedings to be brought in the courts; and to maintain public order
  • to provide evidence in criminal proceedings (police and criminal evidence act 1984 and criminal procedure and investigation act 1996)
  • providing evidence in civil proceedings
  • the prevention and reduction of crime and disorder
  • the investigation and detection of crime
  • identification of witnesses
  • maintaining public order

The data is collected through:

  • 24 hours a day live video recording of an identifiable individuals  
  • Airwave Radio and ShopSafe Radio
  • The CCTV is used to record and monitor incidents by Basildon Council. This information can be used as an evidential log if needed for court.

The basis for the processing

The lawful bases for processing are set out in Articles 6 and 9 of GDPR

Personal Data

  • Vital interests - 6(1)(d): Processing is necessary to protect the vital interests of a data subject or another person
  • Performance of a task - 6(1)(e): Processing 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
  • legitimate interests - 6(1)(f): Necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Special Category Data

  • Vital interests - 9(2)(c): Processing is  necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent.

Data is collected and processed in line with all applicable laws concerning the protection of personal data, including but not limited to, the General Data Protection Regulation (GDPR) and the following legislation:

  • Protection of Freedoms Act 2012
  • The Terrorism Act 2000
  • Serious Crime Act 2015
  • Environmental Protection Act 1990
  • Human Rights Act 1998 (HRA)
  • Freedom of Information Act 2000 (FOIA)
  • The Regulation of Investigatory Powers Act 2000 (RIPA)
  • Surveillance Camera Commission
  • Home Office Surveillance Camera Code of Practice.

Who your information will be shared with

  • Authorised members of Basildon Council staff
  • Information may be shared with other agencies such as the police
  • In emergency situations, information may be shared with other agencies such as fire service, ambulance and other relevant agencies as required in the event of an emergency
  • Any incidents revealed will be brought to the attention of council staff responsible for the service/premises in question. This may involve making a copy of the storage media or a screen print, which may be used as evidence in any subsequent civil/criminal court proceedings or in the course of other regulatory proceedings or disciplinary hearings.
  • In cases of suspected criminal activity the storage media will normally be passed to the police for investigation and possible prosecution.
  • Disclosure may also be made to other law enforcement agencies (for example Customs and Excise, HMRC, Trading Standards) and other public bodies with regulatory functions (which includes other services within the council).
  • The police and other law enforcement agencies may, on showing good cause, request copies of storage media or access to monitoring screens. In general such requests will be complied with.
  • We also share with Insurance Companies when authorised by the Data Protection Officer
  • Contractors working on behalf of Basildon Council to maintain the equipment who comply with the Data Protection Law.

We will never sell your data, however it will be shared with third parties to:

  • comply with legal obligations and legislative requirements
  • to help prevent fraud and/or tackle crime
  • to advise agencies where there are safeguarding concerns.

Provide accurate information

CCTV footage does not affect the right of individuals to access any personal data under the provisions of the Data Protection Act 2018 or the Freedom of Information Act 2000.

This is known as a 'Subject Access request'. 

All requests for CCTV material will be in writing, logged and subject to a signed handover detailing the basis for the request and authorising officer.

This process is subject to regular review.

We will not:

  • Use your information for marketing or sales purposes.
  • Send or store your data abroad unless it meets the requirements of the Data Protection regulations
  • Make decisions about you based on automated processing
  • Provide recorded material to members of the public or media organisations for profit, gain or commercial exploitation.

How long will we hold your data for?

  • Images that are not requested/downloaded will be automatically deleted on a 30-day rolling basis.
  • Images that are requested/downloaded will be securely stored for up to 12 months.

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.

If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.

You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

The Data Protection Officer
Basildon Borough Council
Basildon Centre,
St. Martin's Square,
Basildon
SS14 1DL.

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see: