Overt filming privacy notice
This privacy notice relates to overt filming by evidence-gathering teams.
Overt filming by Evidence Gathering Teams, which involves the deployment of staff utilising equipment for the purpose of capturing video images, is an effective police tactic used for the prevention and detection of crime, the maintenance of public order and the gathering of intelligence in support of such policing aims. Overt filming does not involve the use of public space fixed CCTV systems, where those systems are placed and maintained by bodies other than the Police. Overt filming has the potential to make a significant contribution to policing purposes, and serves to reassure the public that police are engaged in dealing with local policing issues.
The Chief Constable of North Yorkshire Police is committed to protecting your personal information.
This Privacy Notice contains important information about what personal details we collect; what we do with that information; who we may share it with and why; and your choices and rights when it comes to the personal information you have given to us.
We may need to make changes to our Privacy Notice, so please check our website for updates from time to time. If there are important changes such as changes to where your personal data will be processed, we may need to contact you to let you know.
Who we are?
This Privacy Notice is provided to you by the Chief Constable of North Yorkshire Police who is the data controller of this data.
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified (for example a name, photographs, videos, email address, or address). Identification can be 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 relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018, and other legislation relating to personal data and rights, such as the Human Rights Act.
The data we may collect about you:
Personal Data that we may collect includes photographic, video and digital imagery and audio commentary.
Officers will take reasonable steps to make you aware of the active recording.
What is the legal basis for processing your personal data?
The Chief Constable of North Yorkshire Police may process personal data as part of their official duties for the purpose of 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 Data Controller will comply with data protection law. This says that the personal data we hold about you must be:
- Used lawfully and fairly;
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- Relevant to the purposes we have told you about and limited only to those purposes;
- Accurate and kept up to date;
- Kept only as long as is necessary for the purposes we have told you about;
- Kept and destroyed securely, including ensuring that appropriate technical and security measures are in place to protect your personal data and to protect personal data from loss, misuse, unauthorised access and disclosure.
Sharing your personal data:
We may share your personal data internally with relevant departments for the purpose of fulfilling the above stated legal basis. For the same purpose, we may also engage the services of other agencies.
Where we have arrangements to share your personal data, there is a contract, memorandum of understanding or information sharing agreement in place to ensure that the requirements of the Data Protection legislation on handling personal information are met. Where we are required to disclose information by law, for example for safeguarding purposes, we may do so without these arrangements.
We engage with third party processors who handle some, or all, of the above mentioned information on our instruction.
NYP will take steps to ensure any disclosures of personal data are necessary and proportionate, as required by law. Whenever we share your personal information, sharing options will be evaluated to ensure that your data is shared in the most secure manner.
How do we keep your personal information secure?
We are committed to ensuring that your personal data is safe and processed securely. In order to prevent your personal data from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed, we have put in place suitable physical, electronic and managerial measures. These include information security awareness training for our staff. We have also compiled procedures to safeguard and secure the information that we hold about you which our staff adhere to.
We limit the access to your personal information to those employees who have a business need to know, for instance through secure work areas and access controls on all of our systems. Employees, contractors and other third parties who handle personal data will only process your personal information in line with our direct instructions.
How long do we keep your personal information?
North Yorkshire Police keeps your personal information as long as is necessary for the particular purpose, or purposes, for which it is held.
North Yorkshire Police keeps your personal information as long as is necessary for the particular purpose, or purposes, for which it is held and records will be managed in accordance with the Force’s Retention Schedule.
Personal information which is placed on the Police National Computer is retained, reviewed and deleted in accordance with the Retention Guidelines for Nominal Records on the Police National Computer.
Other records that contain your personal information and which was processed for law enforcement purposes are retained in accordance with the College of Policing guidance on the Management of Police Information and North Yorkshire Police Record Retention Policy.
Your rights and personal data:
A key area of change in the new Data Protection Act relates to individuals’ rights. The law refreshes existing rights by clarifying and extending them and introduces new rights.
However your information rights will be dependent on the reason why the data was collected, how the data was collected and why it is being used.
Further information about your rights can be found on the Your Data Rights page.
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, we may provide you with a new notice explaining this new use and setting out the relevant purposes and processing conditions, prior to commencing the processing. We will seek your prior consent to the new processing if this is appropriate.
Details as to how we can be contacted as well as how you can submit a complaint is available on our website: https://northyorkshire.police.uk/access-to-information/data-protection/
This version of our Privacy Notice was last updated on 1 October 2018.