Household Waste Recycling Centre (HWRC) and Enforcement Surveillance Equipment Privacy Notice
We keep this privacy notice under regular review and was last updated on 9 April 2022.
Kent County Council respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Who are we?
Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (‘UK GDPR’) and the Data Protection Act 2018. We are responsible as ‘joint controllers’ with our contracted parties Commercial Services Kent Ltd (CSKL) and FCC for that personal information, for the purposes of those laws. Commercial Services Kent Ltd (CSKL) and FCC are data processors and process the images on behalf of 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 19 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 Kent County Council.
The 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
- Audio recordings (for example, conversations with HWRC contracted staff who use body worn cameras)
- 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)
KCC contracts CSKL and FCC (via Camera Security Systems Ltd) to collect this information via CCTV/ANPR on KCC’s behalf. They are responsible as ‘joint data controllers’ of that personal information. KCC will only make requests to FCC and CSKL for CCTV/ANPR video and/or audio footage in relation to incidents on FCC and CSKLS sites only and will only be used for the purpose of the incident.
We also collect your conversations (e.g. audio recordings of verbal conversations), by the way of body worn video cameras, if deemed necessary for the protection of staff whilst making face to face enquiries with the public about their purpose at the site or serious complaint. Body worn video cameras are also used by KCC Waste Management enforcement officers to comply with their statutory duties.
We also collect your contact details via the DVSA (name, postal address, telephone numbers, email address) using your vehicle licence number for the purposes of contacting you as part of an enforcement of the KCC HWRC policy, customer enquiry or complaint, or for insurance purposes due to a health & safety matter.
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
- contact you regarding a customer enquiry or compliant, or as part of an enforcement of KCC’s HWRC policies.
CCTV/ANPR 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/ANPR 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 fully encrypted secure servers 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.
KCC Waste Management body worn video data is fully encrypted and stored securely. Non-evidential data is automatically deleted after 30 days.
Reasons we can collect and use your personal information
Purpose or activity | Type of data | Lawful basis for processing including the basis of any legitimate interest grounds |
|---|---|---|
Enforce our KCC HWRC policies | Body Worn camera/CCTV/ANPR – video, images, and/or audio recordings | KCC HWRC policies |
Investigate illegal fly tipping and Duty of Care Offences | Body Worn camera/CCTV/ANPR – video, images, and/or audio recordings | Environmental Enforcement Act 1990 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 Code 33 Protection of Freedoms Act 2012 Section 30 (1) (a) Surveillance Camera Commissioners code of practice |
Contact you regarding a customer complaint or enquiry | Contact details Video images Vehicle details | Necessary for the performance of a task carried out in the public interest’ |
Who we share your personal information with
Who we share your personal information with | Type of data | Purpose or activity |
|---|---|---|
KCC Intelligence Unit CSKL FCC Camera Security | Video images Photo images Vehicle details | Enforcing KCC’s HWRC policies Investigate illegal fly tipping |
Kent Police | Video images Photo images Audio recordings | Where it is necessary to investigate illegal activity such as fly tipping or obtaining evidence in relation to a public order offence. |
KCC’s Waste Management | Video images Photo images Audio recordings | To monitor legitimate and safe use of the HWRC’s and ensure contractual management is being undertaken. |
We have a data processing agreement in place with FCC, CSKL, who process your data on our behalf.
We will share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings.
We will share personal information with our legal and professional advisers in the event of a dispute, complaint, or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, exercise, or defence of legal claims or whenever courts are acting in their judicial capacity
Your rights
Under the UK GDPR you have several rights which you can access 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 us to correct any mistakes in the information we hold about you
- Object to direct marketing
- Make a complaint to the Information Commissioners 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 Commissioners Office (ICO) on individuals’ rights under the United Kingdom General Data Protection Regulation.
If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk
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.
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 data.protection@kent.gov.uk 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 dpo@kent.gov.uk.
The United Kingdom General Data Protection Regulation also gives you right to lodge a complaint with the Information Commissioner who can also be contacted by telephone using 03031 23 11 13.
For further information visit our corporate privacy notice.