Fixed Penalty Notices (FPNs) in relation to environmental crime enforcement privacy notice

Find out about Fixed Penalty Notices (FPNs) in relation to environmental crime enforcement privacy notice here.

Knowsley Council’s dedicated enforcement team undertakes environmental compliance and enforcement activities across the borough. As part of those activities, officers may collect personal data.

Who will own my data once I submit It?

Knowsley Metropolitan Borough Council

Why do you need my information?

We collect your data when issuing fixed penalty notices (FPNs) for environmental crime offences.  We will also use the data which is recorded on body worn cameras for the purpose of processing an FPN in relation to an environmental crime offence. Examples of these offences are; littering, breach of the dog control Public Space Protection Order (PSPO) or smoke free legislation.

We also use footage, which is recorded on an officer’s body worn camera, as well as strategically placed, overt CCTV cameras to manage/investigate incidents of inappropriate behaviour towards enforcement officers.

At the commencement of any recording body worn cameras the officer should, where practicable, introduce themselves and make a verbal announcement to indicate that the recording has been activated and why.

What Personal Information do we collect?

In order for Knowsley Environmental Enforcement Service to offer support within Knowsley we may collect all, or some, of the following information from you:

Examples include:

  • Personal details (e.g. your name, date of birth etc.).
  • Contact details (e.g. home address, phone number, email address).
  • Special Category Data (e.g. Racial or ethnic origin, diversity and inclusion data, Personal Data such as physical description).

What allows you to use my information?

We will use your data for the purpose of performing statutory enforcement duties. Under the following legislation:

  • Environmental Protection Act 1990
  • Anti-Social Behaviour, Crime and Policing Act 2014
  • The Health Act 2006
  • Anti-Social Behaviour Act 2003

Part 3 of the Data Protection Act 2018 allows the processing of personal data for law enforcement purposes by competent authorities.  Any data obtained by the use of the body worn video recording devices 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."

In addition to the above we will also use the data captured using body worn video recording devices to manage staff effectively under the Health and Safety at Work Act.

The UK General Data Protection Regulation (UK GDPR) allows this processing of personal data under the Article 6(1)(e) lawful basis, which states that “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”.

Who will my information be shared with?

Law Enforcement Agencies / Partners including:

  • Merseyside Police.
  • HM Courts.
  • Other Local Authority Regulatory Services such as Licensing or Environmental Health (as applicable).

Do I have to provide this information and what will happen if I don’t?

The data enables the officer authorised by the Environmental Health Service to carry out investigations in to any potential breaches of legislation they enforce and such decide upon the appropriate enforcement action to proceed with, this could be a Fixed Penalty Notice and/or Prosecution.  Should you not provide this information then this could be deemed to be obstruction and the enforcement action could be more severe.

How long will you keep this data for and why?

The body camera footage will be retained until the fixed penalty notice is paid. If the decision is taken to prosecute the offender for nonpayment of the fixed penalty notice, the data will be retained until the case has been presented to and heard by HM Court Service 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?

The data is stored and transferred securely.

The data is stored on the camera until it can be automatically transferred to the cloud-based server.  The data is then deleted from the camera.

The footage is encrypted and cannot be viewed when stored on the camera. The footage can only be viewed if it is necessary for enforcement purposes.  Access to the data stored in the cloud will only be permitted for specifically named officers within Knowsley Council’s Environmental Health Service and is retained securely.

If required for evidential / court purposes and, where there is a lawful basis under the UK GDPR to share to share the footage, 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.

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?

Under the Data Protection Act (DPA) 2018/ UK GDPR, you have the following rights with regards to your personal data: -

  • The right to subject access – you have the right to see a copy of the personal data that the council holds about you and find out what it is used for
  • The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you.
  • The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you
  • The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems
  • The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request
  • The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used
  • The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)

Please be aware that the Data Protection Act 2018 exempts you from some of the above rights if personal data is processed in the course of criminal investigations or criminal proceedings.

To request a copy of your data or ask questions about how it is used, contact:

Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

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
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA

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 

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