Surveillance camera privacy notice

This document is intended to serve as general guidance only and does not constitute legal advice. The application and impact of laws can vary widely based on the specific facts involved. This document should not be used as a substitute for consultation with professional legal or other competent advisers. Before making any decision or taking any action, you should consult a professional.

This privacy notice tells you about the processing of your data by Reigate & Banstead Borough Council (RBBC) via our surveillance cameras in operation across Reigate & Banstead Borough Council premises, Banstead, Horley, Redhill, Reigate, and the wider borough.

This privacy notice will explain what personal information is collected, what it is used for, and to whom it is provided. This notice also describes why we require your data and the legal basis on which we do this.

Reigate & Banstead Borough Council (RBBC) is registered as a Data Controller with the Information Commissioner's Office (ICO). Our registration number is Z5833130. 

Personal data is any information about a living individual which allows them to be identified. Identification can be obtained directly using the data itself, or by combining it with other information which helps to identify a living individual. The processing of personal data is governed by legislation, which includes the UK General Data Protection Regulation (the “UK GDPR”) and the Data Protection Act 2018 (the “DPA”), and other legislation relating to personal data and rights, such as the Human Rights Act 1998. 

RBBC will collect the following forms of personal data via surveillance cameras; photographic, video, digital imagery, and audio commentary. This is likely to include the personal data of RBBC staff members, and members of the public. These cameras will be directed at targeted areas and will not capture personal data unnecessarily.

RBBC has surveillance cameras operating at various council-owned or council-managed premises, and public areas across the borough.

The following types of surveillance cameras are in operation:

• Fixed Closed-Circuit Television (CCTV) camera systems. Closed-Circuit Television (CCTV) that utilise a cloud based, VSaaS (Video Surveillance as a Service) type solution
• Stand-alone camera systems.
• Re-deployable cameras, such as battery-operated wildlife cameras.
• Mobile cameras.

Appropriate surveillance camera signs will be in place highlighting where surveillance cameras are in operation.

RBBC uses surveillance cameras for the following purposes:

• To prevent and detect crime.
• To act as a deterrent, and protect buildings and assets from damage, disruption, and vandalism.
• To prevent and respond effectively to all forms of possible harassment and disorder.
• To reduce the fear of crime and create a safer environment for employees and the public.
• To help manage the public safety of staff, contractors, and members of the public.
• To assist in the effective resolution of disputes which arise in the course of legal and insurance claims.
• To assist in the day-to-day management of RBBC premises.

Our legal basis for processing your personal data is:

• Article 6(1)(e) where it is necessary to perform tasks in the public interest.

Our legal basis for processing special category personal data is:

• Article 9(2)(g) reasons of substantial public interest (with a basis in law). This legal basis requires RBBC to also meet one of 23 specific substantial public interest conditions set out in Part 2 of Schedule 1 of the DPA 2018. The two conditions that RBBC meets as required are '10. Preventing or detecting unlawful acts' and '11. Protecting the public'.

Where RBBC has to comply with the law to disclose footage to support law enforcement bodies, the legal exemption, under Schedule 2 of the Data Protection Act 2018, comes under the prevention and detection of crime.

Furthermore, RBBC has installed surveillance cameras as part of their duty under Section 17 of the Crime and Disorder Act 1998 whereby they are bound to do everything they reasonably can to “prevent people from becoming involved in serious violence in its area and reduce instances of serious violence in its area”.

We may be asked to provide footage to assist the police with criminal investigations. We may also be asked for footage from insurance companies. However, there is no planned regular or scheduled sharing of surveillance footage with any external organisations. Surveillance camera footage will be accessed and processed by designated staff.

Your personal data may be shared securely with the following parties, where it is both necessary, and appropriate to do so:

• Representatives of the person or company whose personal data we are processing. 
• Other Reigate & Banstead Borough Council departments.
• Insurance companies.
• Ombudsman and regulatory authorities.
• Courts and tribunals.
• Police forces.
• Regulatory bodies.
• Other third parties, in the course of our duties as a public authority.

Information sharing with the police and other enforcement agencies will be conducted under Schedule 2 of the Data Protection Act 2018 (DPA 2018).

All information collected from surveillance cameras is stored in secure systems with restricted access.

We will ensure that your information is secure to avoid unlawful disclosure, unauthorised access, accidental loss, destruction, or damage, using appropriate technical and organisational measures.

We will not transfer the personal data you have provided outside of the UK or European Union unless this is permitted in accordance with UK GDPR and the Data Protection Act 2018.

We will not carry out automated decision-making, and any decision made by us which affects the way your personal data is handled, will always include human intervention.

We do not carry out any profiling activities with surveillance camera footage.

All footage will be kept in line with our retention schedule and will not be kept for longer than necessary. In most cases, we will keep surveillance camera footage for 30 days, after which it will be automatically deleted. However, we may keep images longer for purpose of insurance claims, crime detection, or prevention, and further investigation.

For further information please see our retention schedule.

The UK GDPR gives you certain rights in relation to surveillance camera footage. These rights are to: 

• be informed about how we use your data.
• access a copy of your data.
• have us rectify or correct your data that we process.
• restrict our processing of your personal data.
• object to the use of your data.
• have your personal data erased.
• request that we transfer your information to you or another organisation.
• object to the use of automated decision making.
• withdraw your consent (if this is the lawful basis under which your data is processed).

Some of the rights listed above apply only in certain situations, and some have a limited effect.

If you have any queries or wish to make a complaint about the processing of your personal data, you can do so using the contact details below. 

This privacy notice is kept under regular review to make sure it is up-to-date and accurate.

If you have any further questions about how we use your personal information regarding surveillance cameras, then please contact us via: data.protection@reigate-banstead.gov.uk. 

Any complaints regarding surveillance cameras should be made to RBBC’s Data Protection Officer who will investigate the matter, see details below.

• Email: data.protection@reigate-banstead.gov.uk
• Phone: 01737 276 000

If you are not satisfied with how your complaint has been dealt with initially and you would like to request an independent assessment, a ‘Formal Complaint’ can be submitted via an online form on the website (‘Stage 1’) or via an email (‘Stage 2’), see details below.

• Website: see our complaints webpage
• Email: democratic@reigate-banstead.gov.uk

If you are not satisfied with our response to your complaint or request for your images, you may contact the Information Commissioners Office (ICO). The ICO does like to see that you have raised a complaint with us first and received a response before contacting them.

If you do wish to contact them, the details are:

• Information Commissioner's Office, Wycliffe House Water Lane, Wilmslow Cheshire SK9 5AF
• Phone: 0303 123 1113
• Fax: 01625 524 510
• Email: casework@ico.org.uk