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CCTV - Public Open Spaces

Introduction

This privacy notice is intended to provide information about how Rhondda Cynon Taf County Borough Council (referred to as ‘RCTCBC, ‘Council’, ‘Local Authority’, ‘we’) will use (or ‘process’) personal data about individuals whose image is captured by the Councils ‘Public Open Spaces’ CCTV system.

This notice should be read in conjunction with the Council’s corporate privacy notice.

About the Council's Public Open Spaces CCTV system

The Council operates a network of CCTV cameras throughout the county borough.

The CCTV cameras monitor publicly open spaces such as town centres, parks, car parks, roads etc. for the purposes set out in this privacy notice. Click here to access a map of our Public Open Spaces CCTV cameras.

Signs are located at the entrance and exit of town centres and in car parks, to indicate that images are being captured for the purposes of crime prevention and community safety.

Click here for more information on the Council’s Public Open Spaces CCTV system.

The Data Controller

The Council is the data controller for the personal data captured by the CCTV Public Open Spaces system.

The Council is registered with the Information Commissioner’s Office (ICO) as a controller under reference Z4870100.

Queries relating to this privacy notice

If you have any questions or queries relating to this privacy notice please contact the Council’s  CCTV department:

By email : cctvvisitor@rctcbc.gov.uk

By telephone : 01443 425005

By post: CCTV Control Centre, Ty Elai, Williamstown, TONYPANDY, RCT, CF40 1NY

The categories of personal data we process

We process the images of individuals captured by the Council’s Public Open Spaces CCTV system.

We do not capture audio via the Public Open Spaces CCTV system.

Whilst we do not deliberately set out to capture any other personal data, indirectly CCTV images may capture other information about individuals such as a health issue or a criminal offence.

Whose personal data we process

We process the personal data of individuals who’s images are captured by the Public Open Spaces CCTV system. This may include but is not limited to:

  • Residents of RCT
  • Visitors to the area
  • Individuals working in the area 

Why we process the personal data

We process the personal data captured by our Public Open Spaces CCTV system for crime prevention and community safety purposes. Specifically to:

  • help reduce the fear of crime
  • help deter crime
  • help detect crime
  • assist in supporting civil proceedings which will help detect crime
  • provide evidential material in court proceedings
  • assist in the management of town centres
  • enhance community safety, assist in developing the economic well-being of the area and encourage greater use of the town centres, shopping areas, car parks etc.
  • assist the Council in its enforcement and regulatory functions 

Our lawful basis for processing the personal data

Under the General Data Protection Regulation (GDPR) and Data Protection Act 2018, our lawful basis for processing the personal data captured by our Public Open Spaces CCTV system is;

Personal Data

  • Legal Obligation (c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
  • Public Task - Article 6 (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.

Special Category Data

  • Substantial public interest - Article 9 (2) (g) - processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
  • Data Protection Act, Schedule 1, Part 2, 6  - Statutory and Government purposes
  • Data Protection Act, Schedule 1, Part 2, 10 – Preventing and detecting unlawful acts

Criminal Offence Data

  • Article 10 – under the control of official authority

The primary legislation, regulations and guidance that supports this includes, but is not limited to;

  • Criminal Justice and Public Order Act 1994 - Section 163 of the Criminal Justice and Public Order Act 1994 creates the power for local authorities to provide closed circuit television coverage of any land within their area for the purposes of crime prevention or victim welfare and it is also considered a necessary initiative under the Crime and Disorder Act 1998.
  • Criminal Procedures and Investigations Act 1996
  • Human Rights Act 1998
  • Regulatory and investigatory Powers Act 2000
  • Surveillance Camera Code of Practice

Who or where we get the personal data from

We obtain the personal data directly from the individuals whose image is captured by our Public Open Spaces CCTV camera’s.

Who we share personal data with

As we monitor our Public Open Spaces CCTV in real-time, we routinely share information obtained from our system with the Police, other law enforcement agencies, emergency services and Council enforcement teams to:

  • Prevent and detect crime
  • Apprehend offenders
  • Arrange an emergency response e.g. to a road traffic accident
  • Trace missing people

In addition, access to recorded CCTV footage may be requested by third parties on a case by case basis. We may disclose to these third parties where the law allows us to do so. We have listed below the most common types of requests for footage received. Please note this list is not exhaustive.

Who

Purpose

Police and law enforcement agencies

Personal data captured by our Public Open Spaces CCTV system may be shared with the Police for the purpose of;

  • Prevention and detection of crime
  • Apprehension or prosecution of offenders
  • Legal proceedings

Local Authority Enforcement teams

Personal data captured by our Public Open Spaces CCTV system may be shared with Local Authority enforcement teams for the purpose of;

  • Prevention and detection of crime
  • To process civil offences e.g. dog fouling, littering, fly tipping
  • Apprehension or prosecution of offenders
  • Legal proceedings

Courts

Personal data captured by our Public Open Spaces CCTV system may be shared with the Courts for the purpose of;

  • Legal proceedings
  • Court Order

Solicitors and Legal Representatives etc.

Personal data captured by our Public Open Spaces CCTV system may be shared with Legal Representatives for the purpose of;

  • Legal proceedings
  • Court order

Insurance companies, claim handlers etc.

Personal data captured by our Public Open Spaces CCTV system may be shared with Insurance companies for the purpose of;

  • Legal proceedings

Health & Safety Executive

Personal data captured by our Public Open Spaces CCTV system may be shared with the Health & Safety Executive and other relevant agencies to support an investigation.

Data Processors

A data processor is a company or organisation that processes personal data on our behalf. Our data processors act only upon our instruction. They cannot do anything with the personal data unless we instruct them to do so. They will not share the personal data with any organisation apart from us or use it for their own purposes. They will hold it securely and retain it for the period we instruct.

The category of data processors we use for the purpose of maintaining the system is;

  • CCTV system maintenance contractors and supplier

How long we retain the personal data

The Council retains footage captured by our Public Open Spaces CCTV system for a period of 31 days from the date the footage was captured.

Where a request for footage is received, the footage may be retained for longer pending completion of the request.

Where footage is subject to, for example a police or health and safety investigation a copy of the footage may be retained longer for those purposes.

Your data protection rights

The General Data Protection Regulation (GDPR) gives individuals important rights, including the right to access their personal data. Click here for further information on your information rights and how to exercise them. 

Your right to make a data protection complaint to the Council

You have the right to complain to the Council if you believe we have not handled your personal data responsibly and in line with good practice.

You can raise a formal complaint via the Council’s Customer Feedback Scheme using the following link (Make a comment, compliment or complaint online) or you can contact the Council’s Data Protection Officer at Information.management@rctcbc.gov.uk.

Your right to make a data protection complaint to the ICO

You also have the right to complain to the ICO if you are unhappy with how we have used your data. However, we encourage you to contact us first and provide us with an opportunity to look into your concern and put things right.

The ICO can be contacted:           

  • Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • Helpline number: 0303 123 1113
  • Website: https://www.ico.org.uk