Who will own my data once I submit it?
Knowsley Metropolitan Borough Council
Why do you need my information?
There are two processing activities for which your personal data may be collected:
- Processing for law enforcement
- Processing to protect staff
Officers may wear Body Worn Visual (BWV) cameras whilst conducting specific operational tasks such as:
- Visits to retailers / businesses where offences are suspected
- Attendance to locations where crimes are in action or are being reported such as rogue traders targeting the elderly and vulnerable
- To evidence breaches of legislation and criminal offences identified by front line Environmental Health and Consumer Protection Officers when conducting regulatory enforcement duties consistent with their roles and lawful powers.
The cameras are also known to reduce incidents of violence and aggression towards staff and to deter and prevent inappropriate behaviour towards front line enforcement officers of the Environmental Health and Consumer Protection Service.
To enable these services to perform their duties, intelligence and data will be collected, stored and processed about individuals and businesses. Information will be collected from complaints, inspections, investigations and service requests.
What allows you to use my information?
For some of the functions performed by the Trading Standards, Environmental Health and Licensing Service, we need to use your personal data so we can provide the service or carry out enforcement action.
The Data Protection Act 2018 and the UK General Data protection Regulation outlines the lawful use of data, which includes statutory and legal obligations.
The lawful basis which allows the Council to use your information for this purpose is as follows:
Article 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.
The legislation that permits this processing under Article 6(1)(e) includes:
- Local Government Act 1974
- Localism Act 2011
- Consumer Rights Act 2015
- Consumer Protection from Unfair Trading Regulations 2008
- Trademarks Act 1994
- Consumer Protection Act 1987
- Agriculture Act 1970
- Fraud Act 2006
- Proceeds of Crime Act 2002
- Road Traffic Act 1988
- Children & Young Persons Act 1933
- Licensing Act 2003
- Gambling Act 2005
- Local Government (Miscellaneous Provisions) Act 1976
- Local Government (Miscellaneous Provisions) Act 1982
- Public Health Act 1875
- Animal Welfare Act 2006 & subservient regulations
- Environment Act 1990
- Health & Safety at Work etc Act 1974
- Food Safety Act 1990, as amended
- Food Safety and Hygiene (England) Regulations 2013
- Trade in Animal and Related Products Regulations 2011
- Public Health (Control of Disease Act) 1984
We will also use your data for the purpose of performing statutory enforcement duties.
Part 3 of the Data Protection Act 2018 applies to the processing of personal data for law enforcement purposes by competent authorities.
The council's Environmental Health and Consumer Protection Service consists of the front-line regulatory services of Environmental Health, Trading Standards and Licensing. As a competent authority, each of these services has a legal power to process personal data for law enforcement purposes. These services have responsibility for regulatory enforcement of statutory and non-statutory functions within their respective remits.
Any data obtained by the use of the body worn video recording devices by these services will be used for the primary purpose of law enforcement, as defined under section 31 of The Data Protection Act 2018 as:
“The prevention, investigation detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.’”
Who will my information be shared with?
Law Enforcement Agencies / Partners
For example: Merseyside Police, HM Courts, HMRC Customs & Excise, other Local Authority Trading Standards, Licensing or Environmental Health services (as applicable).
Do I have to provide this information and what will happen if I don’t?
The data is required to enable individuals alleged and/or identified as having committed criminal breaches of legislation enforced by the Environmental Health and Consumer Protection Service to be brought to justice via the appropriate applicable regulatory sanction. E.g. Licence Review, Fixed Penalty Notice, Prosecution.
If data is not provided, this may not be possible.
You have the right to object to the Council using your personal data in certain circumstances, however the Council may not comply with your request if there are strong and legitimate reasons to continue using your data. For more information on your right to object to the use of your data please click here
How long will you keep this data for and why?
Data will be retained for a minimum 28 days, in line with the automatic retention schedule built into the body worn camera operating system software.
The maximum length of time data will be retained in the event of a non-criminal breach of legislation will be 6 months from the date of capture.
If the decision is taken to use the data to evidence a criminal breach of legislation, the data will be retained until the case has been presented to and heard by either Magistrate and/or Crown Court (as applicable), and any appropriate appeal period following conclusion of any Court hearing has lapsed and no further legal procedure is required.
How will my information be stored?
Initially data will be stored as digital media built into the body worn camera device. There are no external memory cards used and the data is encrypted. At the earliest opportunity, the officer will transfer that data from the body worn camera device, to the body worn camera operating system.
Data will be stored in the body worn camera operating system as encrypted digital media, on a secure Council owned and controlled server.
If required for evidential / court purposes and where there is a lawful basis to share, a copy of the digital media may be transferred to a hard copy disc in order to comply with any applicable evidential disclosure requirements and/or to facilitate playback in a Courtroom or similar during a hearing.
Any hard copy disc will be encrypted, and it will be stored in line with the existing secure evidence storage procedure. In the event a hard copy disc needs to be disclosed, every effort will be made to hand deliver the disc, however where that is not possible, a secure courier will be used.
Will this information be used to take automated decisions about me?
No.
Will my data be transferred abroad?
No
What rights do I have when it comes to my data?
The subject access rights and the rights to rectification, erasure and restriction do not apply to the processing of ‘relevant personal data’ in the course of a criminal investigation or criminal proceedings.
‘Relevant personal data’ means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on behalf of a court of other judicial authority.
Access to ‘relevant personal data’ is governed by the appropriate legislation covering the disclosure of information in criminal proceedings, such as the Criminal Procedure and Investigations Act 1996.
Outside of the above, you have the right under the Data Protection Act 2018/UK General Data Protection Regulation to request a copy of your information and to know what it is used for and how it has been shared. This is called the right of subject access. Exemptions may apply.
To request a copy of your data or ask questions about how it is used, please download a copy of our form and send it to: -
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: inforights@knowsley.gov.uk
Who can I complain to if I am unhappy about how my data is used?
You can complain directly to the Council’s Data Protection Team by writing to: -
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: inforights@knowsley.gov.uk
You also have the right to complain to the Information Commissioner’s Office using the following details: -
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk