Household Waste Recycling Centre and Enforcement Surveillance Equipment privacy notice
This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.
Who we are
We are Kent County Council (KCC). KCC collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as joint controller with our contracting parties of that personal information for the purposes of those laws. Onwatch is the data processor and process the images on behalf of our contracting parties and KCC. Our Data Protection Officer is Benjamin Watts.
Waste Management help people to manage their waste, encourage the use of waste as a resource in synergy with economic and housing growth in Kent plus ensure a robust, commercial approach to commissioning, performance and delivery throughout the service.
We currently manage 18 Household Waste Recycling Centres (HWRCs) and 6 transfer stations and closed landfill sites across Kent. The sites are operated by contracting parties under the remit of KCC.
Personal information we collect and use
Information collected by us
In order to enforce our HWRC policies and investigate illegal fly tipping we collect, by way of surveillance cameras and body worn videos, the following personal information:
- video images of you
- photo images of you (for example, photographs of any activities at a location of fly tipping)
- your vehicle details (for example, vehicle licence plate number and vehicle type)
- your conversations (for example, audio recordings of verbal conversations) by the way of body worn videos if deemed necessary for the protection of staff whilst making face to face enquiries with the public about their purpose at the site.
KCC contracts Onwatch to collect this information on KCC’s behalf. They are responsible as the ‘data processors’ of that personal information.
Requests will only be made by KCC in relation to incidents on site and will only be used for the purpose of the incident.
We also collect your conversations (e.g. audio and visual recordings of verbal conversations), by the way of body worn videos, if deemed necessary for the protection of staff whilst making face to face enquiries with the public about their purpose at the site.
If you have completed a non-trade waste declaration form, the following additional personal information will also be collected by us:
- your name
- your address
How we use your personal information
We use your personal information to:
- assist with the prevention and detection of crime and protect property at the Household Waste Recycling Centre
- increase the security and welfare of employees when there are concerns around their safety
- improve public safety
- assist in the prevention and reduction of public disorder and anti-social behaviour
- provide data intelligence for third party insurance claims, incidents and accidents
CCTV footage is used by the police when investigating and prosecuting theft (e.g. car batteries, common scrap metal), vandalism (e.g. damage to property such as fences from breaking and entering premises) and arson and fire prevention, both during operational hours and when closed. CCTV is also used for insurance and accident investigations involving incidents with the public and/or corroborating complaints by the public or site operatives.
How long your personal data will be kept
Recorded material is requested from our contracting parties only for the purpose of investigating potential criminal acts. KCC will hold your personal information securely and retain it for 6 years and then review whether there is a need to keep this information, in accordance with our Retention Schedule. We then securely destroy your personal information after this date and keep a record of when we have disposed of it.
Surveillance camera images that are not required for investigatory purposes are stored digitally on a secure server on each site and are routinely kept for a maximum of 30 days. After this point the hard disk is overwritten with a new recording.
Body worn video (audio and visual) images are stored securely by the third- party contractor and will be destroyed as soon as the matter has been investigated and dealt with.
Reasons we can collect and use your personal information
The provision of personal information is required from you to enable us to enforce our HWRC policies and Investigate illegal fly tipping.
We rely on ‘processing is necessary for the performance of a task carried out in the public interest’ being the lawful basis on which we collect and use your personal information.
The legal basis is underpinned by acts of legislation and Codes of Practice that dictate what actions can and should be taken by local authorities, including but not limited to:
- Section 68 of the Serious Crime Act 2007 that allows us to share information
- Code 33 Protection of Freedoms Act 2012
- Section 30 (1) (a) Surveillance Camera Commissioners code of practice
Who we share your personal information with
Audio, video and photo information may be shared with Kent Police but only when there is a lawful reason for them to view it e.g. where it is necessary to investigate illegal activity such as fly tipping or obtaining evidence in relation to a public order offence.
We may also share audio, video and photo information with KCC’s Intelligence Unit where it is necessary to monitor legitimate and safe use of the HWRC’s and ensure contractual management is being undertaken.
Further, we will share personal information with law enforcement or other authorities if permitted or required to do so by applicable law.
Under GDPR you have rights which you can exercise free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you (subject access request)
- ask for a copy of your non-trade waste declaration form
- ask us to correct any mistakes in the information we hold about you
- object to direct marketing
- make a complaint to the Information Commissioner’s Office
Depending on our reason for using your information you may also be entitled to:
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation
- object to decisions being made that significantly affect you
- object to how we are using your information
- stop us using your information in certain ways
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under GDPR.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
Viewing and analysis of the CCTV images will only be undertaken by authorised employees. All monitoring of camera recordings is logged and kept in a secure location.
The surveillance camera data is recorded onto hard drives located at each site where the staff have no access to it. The data storage is held within a controlled environment in the Onwatch monitoring station which meets BS8418 Monitoring station standards. This is also regularly assessed by the Security Systems and Alarms Inspection Board (SSAIB)for security standards.
For the body worn camera data the Biffa staff take the camera to their head office when the incident is recorded onto a USB device and handed over to KCC staff for investigation purposes. The device is kept secure until the handover. The data is then viewed by the KCC waste enforcement officer and if it is evidential the data is recorded onto a master disk and kept secure. The data on the USB is deleted and returned to our contracting parties. If the data is non-evidential it is deleted and returned. For the data storage, KCC has a standalone system to record data from camera onto a secure Master DVD. There is no access from the camera to view or delete any recorded data. The data is held within a controlled environment in line with Criminal Procedure and Investigations Act 1996 (CPIA).
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to contact
Please contact the Information Resilience and Transparency Team at firstname.lastname@example.org to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, Benjamin Watts, at email@example.com, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.
GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231113.
Read our corporate privacy statement.