Public Space CCTV & Body Worn Cameras Privacy Statement

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Public Space CCTV (this includes mobile CCTV) and Body Worn Camera data for the following purposes

• public and staff safety
• for the prevention and detection of crime

We may monitor and record images of members of the public captured on cameras in and around Stirlingshire.

Body Worn Cameras will include video and audio data of interaction between Officers and members of the public.

Data may also include names, ages, descriptions, as well as data captured in relating to criminal offences.

Our lawful basis for processing your personal data is:

UK GDPR 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;

UK GDPR Article 9(2)(g) - processing is necessary for reasons of substantial public interest;

UK GDPR Article 10(1) as the processing is authorised by domestic law, in this case – Section 163 of the Criminal Justice and Public Order Act 1994. Section 163 of this Act authorises local authorities to provide CCTV to promote the prevention of crime, or the welfare of victims of crime.

Images are captured by CCTV and Body Worn
cameras.

Additional information may come from Police Scotland.

CCTV imagery is retained in a secure environment and is only accessible by authorised personnel who have a legitimate reason to do so.

Under normal circumstances your information could be retained for up to 30 calendar days after which point it will be deleted. Imagery required for investigative or evidential purposes may be retained beyond 30 days and is securely disposed of upon completion/conclusion of the purpose for which it has been retained.

Sometimes we need to share your information with others. We will only do this when it is necessary, or if we are required to do so by law.

We may be asked to provide CCTV imagery to assist the police with any criminal damage or their investigations. We may also be asked for CCTV imagery from insurance companies or solicitors in connection with civil cases, such as incidents involving car accidents or damage to cars parked on council premises.

CCTV imagery will only be processed internally by council staff who are authorised to do so and any other departments where there is a legitimate and lawful reason for their involvement, such as HR colleagues in the event of an investigation.

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

• The right of access – You have the right to request information we hold about you. This is known as a subject access request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex.
  
  
• The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  
  
• The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  
  
• The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  
  
• The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.
  
  
• The right to object - You can object to your information being used for profiling, direct marketing or research purposes.
  
  
• You have rights in relation to automated decision making and profiling - to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.