National Enforcement Solutions Ltd (NES Ltd) carry out environmental enforcement on behalf of Knowsley Metropolitan Borough Council.
Who will own my data once I submit It?
Knowsley Metropolitan Borough Council
Why do you need my information?
We collect your data on our electronic devices which issue the FPN this is then uploaded into the TM Enforce which is the system operated by NES Ltd. We will also use the data which is recorded on our body worn cameras for the purpose of processing a Fixed Penalty Notice (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 will also use footage which is recorded on the Officer’s Body Worn Camera to manage/investigate incidents of inappropriate behaviour towards enforcement officers.
At the commencement of any recording the Officer should, where practicable, introduce themselves and make a verbal announcement to indicate why recording has been activated.
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.’”
The UK GDPR allows this processing under 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”.
We will also use the data to manage staff safety under the Health and Safety at Work Act. The UK GDPR allows this processing under 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”
Who will my information be shared with?
Law Enforcement Agencies / Partners:
- National Enforcement Solutions Ltd,
- 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 is required to enable individuals alleged and/or identified as having committed criminal breaches of legislation enforced by the Environmental Health Service to be brought to justice via the appropriate applicable regulatory sanction. E.g. Fixed Penalty Notice or Prosecution.
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 none payment 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 NES Ltd and Knowsley Council’s Environmental Health Service and is password protected.
If required for evidential / court purposes and where there is a lawful basis to share, 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. Any hard copy disc will be encrypted, and it will be stored in line with the existing secure evidence storage procedure. In the event a hard copy disc needs to be disclosed, every effort will be made to hand deliver the disc, however where that is not possible, a secure courier will be used.
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?
The subject access rights and the rights to rectification, erasure and restriction do not apply to the processing of ‘relevant personal data’ in the course of a criminal investigation or criminal proceedings.
‘Relevant personal data’ means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on behalf of a court of other judicial authority.
Access to ‘relevant personal data’ is governed by the appropriate legislation covering the disclosure of information in criminal proceedings, such as the Criminal Procedure and Investigations Act 1996.
Outside of the above, you have the right under the Data Protection Act 2018/UK General Data Protection Regulation to request a copy of your information and to know what it is used for and how it has been shared. This is called the right of subject access. Exemptions may apply.
To request a copy of your data or ask questions about how it is used, contact:
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
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
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
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