Evidence Gather Teams (EGT)
Evidence Gather Teams (EGT) are one of the thirty Public Order Public Safety Tactical Options and is used by Kent Police, to detect, deter and disrupt criminality during planned and spontaneous incidents by capturing video and audio recordings of the best evidence of the worst offence.
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 EGT 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 Evidence Gathering Teams in response to planned and spontaneous incidents operating overtly with video cameras where its proportionate and necessary to support the legitimate aim of maintaining law and order during Public Order Public Safety Events in support of prosecution of persons who commit criminal offences.
An authorising officer will consider each application of its use and the potential evidence that will be obtained by use of such equipment. The authorising officer will ensure that the use of such equipment will not involve any unwarranted intrusion of privacy.
EGT are used to great effect across the UK in a number of incidents:
- planned protests and demonstrations in public and private locations
- spontaneous incidents of disorder in public or private locations
- recording of lawful entry into premises to provide continuity of evidence and intelligence gathering
- recording of private land with the written consent of the landowner for the purpose of briefings or contingency plans
- recording of a crime scene or other incident such as road traffic collision
- recording of police activity for training purposes
Footage is recorded on a formatted memory card and either downloaded onto a DVD and secured in property store or uploaded on to the Kent police Digital Asset Management System (DAMS). DAMS 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. Once uploaded the memory card is formatted and footage deleted.
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:
- video recordings
The deployment of officers operating overtly with video cameras is necessary and proportionate, as it is an essential tool used by police to support the legitimate aim of maintaining law and order during Public Order events and to support the prosecution of persons who commit criminal offences. Often such events attract hundreds if not thousands of participants and thus video recording is often the only viable way of gaining relevant evidence.
It may be possible that you or your property is nearby whilst a policing incident is in progress which involves a EGT. If EGT 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.
DPA Section 44(1)(c)
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 EGT 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 memory card used within the EGT camera after each use when the upload to DAMS is confirmed.
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)
General processing privacy information
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:
- video recordings
Where it is necessary and proportionate to support the legitimate aim of maintaining law and order and support the prosecution of persons who commit criminal offences. It is recognised that the tactic has the potential to gather the images of a large number of people, whilst also tracking an individual's behaviour and thus is a potential interference with qualified rights (e.g, Article 8 ECHR – right to respect for private and family life). Overt filming raises significant human rights issues, notably the question of whether police action is compatible with the right to private life protected by ECHR Article 8. The Court of Appeal considered these issues in Wood v Commissioner of Police of the Metropolis [2009] EWCA Civ 414.
UK GDPR Article 13(1)(c)
It may be possible that you or your property will be captured whilst EGT cameras are used outside of the policing purpose as defined by S.31 of the DPA '18. If the EGT 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 EGT 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)
The memory card that the EGT camera records on is formatted after each use when the upload to Kent Police secure system ‘DAMS’ is confirmed, or the footage is downloaded to DVD.
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)
- 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)