Provida in car speed detection and video car system
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 with Provida in Car Speed Detection and Video Car Systems 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.
The Roads Policing Unit in Kent Police has 20 vehicles fitted with Provida in car speed detection systems. These systems also have video recording capability similar to a conventional Dash Cam. They are fitted to both marked and un-marked police vehicles and are intended for the prevention and detection of crime with their main use being the detection of road traffic offences. The video recording capability allows Kent Police to achieve best evidence in relation to traffic offences and the manner of driving during pursuits with vehicles which fail to stop. The systems are generally operating and recording at all times the police vehicle is being driven. This is to allow for evidence capture in relation spontaneous incidents. The speed detection function of Provida is also generally being operated at all times while the police vehicle is being driven, unless it is inoperative due to a fault or requiring re-calibration. The speed detection function is not automatic and requires operation by a suitably trained and authorised user. Recorded footage is saved on a removable hard drive within the police vehicles which can be removed and downloaded to a secure network if needed as evidence. When the hard drive is full, the system re-writes over the old data and anything that hasn’t been saved as evidence is deleted. The use of the Provida system to evidence road traffic offences in this manner has proved pivotal in successful prosecutions.
The remainder of this document is formed of two sections – the first provides privacy information for where Kent Police Provida systems are used for law enforcement purposes, while the second covers their use for any other purposes, known as ‘general purposes’.
Law enforcement processing privacy information
The Controller is:
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:
- vehicle registration mark (‘number plate’)
- images of vehicles
- in some cases images of persons around or within the subject vehicle
- date, time and location the recording took place
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
This can include the following:
- recording of police pursuits
- recording of road traffic offences being committed
- recording of speeding offences using the calibrated speed detection equipment within Provida
- recording of collisions involving police vehicles
DPA Section 44(1)(c)
If collected, Kent Police would process your personal data in the following ways:
If a police vehicle fitted with a Provida system that is in the process of recording passes you, the moving images of you, your vehicle and possibly persons within your vehicle depending on the time of day, camera angle and proximity to the police vehicle will be stored on the in car hard drive. Unless of evidential or operational value, this footage will not be reviewed and is overwritten once the hard drive is full. If the recorded footage is of evidential value, it will be downloaded to a secure network, saved and retained as evidence for a period of time dictated by the Management of Police Information (MoPI).
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’s bases for processing personal data on the Provida 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.
DPA Section 44(2)(a) and Section 35(2)
Unused personal data is overwritten from the forces’ Provida systems as soon as the in car hard drive becomes full and new data overwrites old data. The exact time the data remains within the Provida system varies depending on how much the recording vehicle in question is used. Where of evidential or investigative value, the data is copied to other secure police systems and retained as long as is necessary in accordance with the College of Policing’s Authorised Professional Practice on the Management of Police Information, and Criminal Procedures and Investigations Act 1996 cognisant of the requirements of the Data Protection Act 2018.
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
The Controller is:
Chief Constable of Kent Police
Kent Police Headquarters
Sutton Road
Maidstone
Kent
ME15 9BZ
DPA 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]
DPA Article 13(1)(b) and Article 14(1)(b)
Kent Police collect and process the following personal data:
- vehicle registration mark (‘number plate’)
- images of vehicles
- in some cases images of persons within the subject vehicle
- date, time and location the recording took place
For general purposes including:
- police complaints
- in circumstances of significant public interest
DPA Article 13(1)(c)
If collected, Kent Police would process your personal data in the following way:
If a police vehicle fitted with a Provida system that is in the process of recording passes you, the moving images of you, your vehicle and possibly persons within your vehicle depending on the time of day, camera angle and proximity to the police vehicle will be stored on the in car hard drive. The information may be accessed by officers and staff working for Kent Police where required for general processing purposes. Where appropriate the information will be used or disclosed for those purposes. Ultimately the information will be deleted.
Kent Police’s legal bases for processing the personal data from the Provida 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
DPA Article 13(1)(c) and Article 14(1)(c)
Personal data may be obtained by Provida systems in one of our 20 video equipped vehicles. The categories of personal data collected in this way will be vehicle ‘number plates’, images of vehicles, images of persons, the location of the images, the time of the recording and the date of the recording. There are no other agencies that operate Provida on behalf of Kent Police.
DPA Article 14(1)(d)
The personal data could be disclosed to a wide range of bodies, but only where it is lawful under data protection and other legislation and proportionate to do so.
DPA Article 13(1)(e)
No.
DPA Article 13(1)(f) and Article 14(1)(f)
Not applicable.
DPA Article 13(1)(f) and Article 14(1)
Unless of evidential or operational value, data recorded for general processing purposes will be overwritten when the hard drive within the recording vehicle becomes full. The time taken to delete the data will depend on how frequently the recording vehicle is used. If data is required to be retained for general processing purposes it will be stored in accordance with the requirements of the Data Protection Act 2018, the National Retention Schedule, and in accordance with the forces’ procedure W1012 Records Review, Retention and Disposal and Management of Police Information.
DPA 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]
DPA 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.
DPA 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.
DPA Article 13(2)(d) and Article 14(2)(e)
Not applicable.
DPA Article 14(2)(f)
No.
DPA Article 13(2)(e)
Data processed by Provida is not used for automated decision-making, or profiling.
DPA Article 13(2)(f) and Article 14(2)(g)
Not applicable.