Drones
Drone technology is used by Kent Police, to help detect, deter and disrupt criminality at a local, force, regional and national level. It is also used in circumstances of significant public interest and the purposes of public safety such as to assist in locating vulnerable and missing people.
Introduction
This specific privacy notice has been created to make it easier for you to understand what personal data Kent Police could process about you via drones and how and why it could be used.
This privacy notice is a requirement of the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR).
It is subordinate to, and should be read in conjunction with, the police forces’ high-level privacy notices:
Kent Police specific privacy notice
The high-level privacy notices provide you with complete details of the rights you have relating to the personal data we may hold about you now and any personal data we might collect about you in the future.
If you require this specific privacy notice in Braille or in another language please contact the force’s data protection officer.
Kent Police uses drones in response to emergency incidents or to support policing operations. It enables an aerial view for officers and commanders to make informed decisions during incidents, or to capture critical evidence in a similar way that Body Worn Video, or CCTV does. Whilst a drone is being deployed, the default setting is that it is not recording, allowing only the drone operator(s) to observe the image being captured by the drone camera. If there is a policing need for a picture or video to be captured, the officer then selects the desired recording option.
Drones are used to great effect across the UK, and indeed internationally to assist with incidents such as:
- search and rescue
- crime scene policing response
- disaster response
- crime scene evidence gathering
- hazmat response
- Road Traffic Collisions (RTC) evidence gathering
- major/critical Incident overview
- assist with planning events or emergency plans at critical sites
- multi-agency events
The technology has been proven within Kent Police to be an excellent tool which can directly be attributed to the rescue of vulnerable missing persons, the locating of outstanding violent offenders, providing vital information during major incidents and providing an overview of critical incidents involving firearms.
Any pictures or videos that have been recorded are uploaded on to the Kent police Digital Asset Management System (DAMS). This is a secure system which holds all digital files for Kent Police, tracks any activity relating to the file and manages the retention periods based on whether the data is evidential, meeting a policing need or not required and will be deleted after 31 days as mandated.
Law enforcement processing privacy information
Chief Constable of Kent Police
Kent Police Headquarters
Sutton Road
Maidstone
Kent
ME15 9BZ
DPA Section 44(1)(a)
Data Protection Officer
Information Management
Kent Police
Coldharbour
London Road
Aylesford
ME20 7SL
Email: [email protected]
DPA Section 44(1)(b)
Kent Police collect and process the following personal data:
- still/moving aerial image(s)
- metadata of said file including date and time the image(s) were captured
For law enforcement purposes – defined as: the prevention, investigation, detection or prosecution of criminal offences, the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, or common law policing purposes.
More specifically law enforcement purposes include use for:
Operational response
Officers responding to an emergency incident may request aerial support, for example they may searching for a person, or perhaps a stolen vehicle that has been tracked to a nearby area. Most of the time this does not require recordings to be made, unless the person/item being sought has been located.
Supporting investigations
Drones are often used to take aerial images of crime scenes or scenes of serious RTCs.
DPA Section 44(1)(c)
It may be possible that you or your property is nearby whilst a policing incident is in progress which involves a drone. If the drone is used to capture recordings which happen to also include you or your property, Kent Police would process your personal data in the following ways:
Any pictures or videos that have been recorded are uploaded on to the Kent police Digital Asset Management System (DAMS). This is a secure system which holds all digital files for Kent Police, tracks any activity relating to the file and manages the retention periods based on whether the data is evidential, meeting a policing need or not required and will be deleted after 31 days as mandated. This file will not be shared with any other persons unless it complies with policies for the sharing of information. For example, the file could be used as part of a prosecution, where the material is shared with the CPS to be used as evidence during a trial at court.
You have the following rights under the DPA:
- right of access to your personal data Section 44(1)(d)(i) Section 45
- right of rectification of your personal data Section 44(1)(d)(ii) Section 46
- right of erasure of your personal data or the restriction of its processing Section 44(1)(d)(iii) Section 47
- right to lodge a complaint with the Information Commissioner Section 44(1)(e) Section 51
Full details of those rights and how to exercise them can be found in the Kent Police privacy notice. They can also be obtained from:
Public Disclosure Team
Kent Police
Coldharbour
London Road
Aylesford
ME20 7SL
Email: [email protected]
None identified.
DPA Section 44(2)(d) and Section 44(3)(a)
Kent Police legal bases for processing data on the drone systems are derived from their common law policing purposes of protecting life and property, preserving order, preventing the commission of offences, bringing offenders to justice, and any duty or responsibility of the police arising from common or statute law.
In terms of Section 35(2) of the DPA the processing is necessary for the performance of a task carried out for a law enforcement purpose by Kent Police or another competent authority.
DPA Section 44(2)(a) and Section 35(2)
Data is wiped off of the drone after each use. Before this is done, any recorded data is uploaded and securely stored on the Kent Police DAMS.
Where of evidential or investigative value the data is copied to other police systems and retained as long as is necessary in accordance with the requirements of the Data Protection Act 2018, the College of Policing’s Authorised Professional Practice on the Management of Police Information, and Criminal Procedures and Investigations Act 1996.
If a file is identified as not being required for a policing purpose or evidential, then it will be marked in such a way for deletion within 31 days.
DPA Section 44(2)(b)
It may be shared with other law enforcement agencies within the UK and abroad, other competent authorities and Criminal Justice agencies.
DPA Section 44(2)(c)
Who are the Controllers (the persons who determine the purpose and means by which my personal data could be processed) for the drone systems and what are their contact details?
Chief Constable of Kent Police
Kent Police Headquarters
Sutton Road
Maidstone
Kent
ME15 9BZ
UK GDPR Article 13(1)(a) and Article 14(1)(a)
Data Protection Officer
Information Management
Kent Police
Coldharbour
London Road
Aylesford
ME20 7SL
Email: [email protected]
UK GDPR Article 13(1)(b) and Article 14(1)(b)
Kent Police collect and process the following personal data:
- still/moving aerial image(s)
- metadata of said file including date and time the image(s) were captured
For general purposes including:
- in circumstances of significant public interest
- public safety such as to assist in locating vulnerable and missing people
- enforcement of the collection of any tax or duty by police and other agencies
UK GDPR Article 13(1)(c)
It may be possible that you or your property will be captured whilst the drone is deployed outside of the policing purpose as defined by S.31 of the DPA '18. If the drone is used to capture recordings which happen to also include you or your property, Kent Police would process your personal data in the following ways:
Any pictures or videos that have been recorded are uploaded on to the Kent police Digital Asset Management System (DAMS). This is a secure system which holds all digital files for Kent Police, tracks any activity relating to the file and manages the retention periods based on whether the data is evidential, or not required and is subject of mandatory deletion after 31 days. This file will not be shared with any other persons unless it complies with policies for the sharing of information. For example, the file could be used as evidence in a complaint against the force or to safeguard an individual.
Kent Police legal bases for processing the personal data from the drone system are for one of the following:
- the processing is necessary for compliance with a legal obligation to which either Chief Constable is subject
- the processing is necessary in order to protect the vital interests of the data subject or of another natural person
- the 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
UK GDPR Article 13(1)(c) and Article 14(1)(c)
Not applicable.
UK GDPR Article 14(1)(d)
The personal data could be disclosed to a wide range of bodies, but only where it was lawful under data protection and other legislation and proportionate to do so.
UK GDPR Article 13(1)(e)
Kent Police do not routinely transfer information out of the UK or to international organisations.
UK GDPR Article 13(1)(f) and Article 14(1)(f)
Kent Police will ensure that adequate safeguards are in place including:
- An adequacy agreement with the third country;
- Enforceable data subject rights;
- Standard data protection clauses;
- An appropriate policy document outlining the protections for data subjects
UK GDPR Article 13(1)(f) and Article 14(1)
Data is wiped off of the drone after each use. Before this is done, any recorded data is uploaded and securely stored on the Kent Police DAMS.
Where of evidential or investigative value the data is copied to other police systems and retained as long as is necessary in accordance with the requirements of the Data Protection Act 2018, the College of Policing’s Authorised Professional Practice on the Management of Police Information, and Criminal Procedures and Investigations Act 1996.
If a file is identified as not being required for evidential or investigative purposes there is a mandatory deletion period of 31 days.
UK GDPR Article 13(2)(a) and Article 14(2)(a)
You have the following rights under the GDPR:
- right to be informed
- right of access
- right of erasure
- right to restriction of processing
- right to data portability
- right to object
- right not to be subject of automated decision-making
Full details of those rights and how to exercise them can be found in the Kent Police privacy notice. They can also be obtained from:
Public Disclosure Team
Kent Police
Coldharbour
London Road
Aylesford
ME20 7SL
Email: [email protected]
UK GDPR Article 13(2)(b) and Article 14(2)(c)
Kent Police does not rely on your consent as a basis to process your personal data.
UK GDPR Article 13(2)(c) and Article 14(2)(d)
You may lodge a complaint with the Information Commissioner’s Office. Their contact details are:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Website: www.ico.org.uk
You may wish to initially raise any concerns with the Kent Police Data Protection Officer.
UK GDPR Article 13(2)(d) and Article 14(2)(e)
Not applicable.
UK GDPR Article 14(2)(f)
No.
UK GDPR Article 13(2)(e)
No.
UK GDPR Article 13(2)(f) and Article 14(2)(g)
Not applicable.
UK GDPR Article 13(2)(f) and Article 14(2)(g)