Closed-Circuit Television (CCTV) Privacy Notice

Information last updated: 3 April 2024

Who we are

Birmingham Childrens Trust is the Data Controller for the purposes of Closed-Circuit television (CCTV) processing, the Trust collects, uses and is responsible for certain personal data about you. When we do so, we are regulated under the United Kingdom General Data Protection Regulation (UK GDPR) and the Human Rights Act.

Information we collect

• Still imagery.
• Videos that are triggered when the sensor picks up a movement.
• Vehicle registration numbers.
• We do not deliberately set out to capture any special category personal data. However, cameras may incidentally record information which falls within these categories.
• Additionally, footage cameras may be used as evidence regarding criminal offences or related security measures.

How we use the information

The purpose of the CCTV processing in the Trust is:  

• To maintain public and employee safety. 
• The assist with the security of property and premises.
• to assist in the recovery of lost property. 
• To support sanctioned internal and external investigations and for the detection, prevention and investigating of crime. It may also be used to monitor staff when carrying out work duties. 
• To provide data intelligence for insurance claims, incidents and accidents.

CCTV is also necessary due to the nature of the work being undertaken on the premises and the value of assets, both corporate and personal within the property boundary.  

CCTV is in place to assist Birmingham Children’s Trust in its provision of statutory services and any regulatory functions.   

Lawful basis for processing

We rely on the following lawful basis in the UK GDPR to collect and use your personal data:

• Processing is necessary in order to protect the vital interest of the data subject or of another natural person - Article 6(1)(d).
• Processing is necessary for the performance of a task carried out in the public interest - Article 6(1)(e).

Where special category data is processed, the legal basis is:

• Article 9(2)(f): Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
• Article 9(2)(g): processing is necessary for reasons of substantial public interest.

The specified substantial public interest condition in Sch 1 met through the following:

• Sch 1 para 10: Preventing or detecting unlawful acts.
• Sch 1 para 11: Protecting the public.
• Sch 1 para 20: Insurance.

Where personal data relating to criminal allegations or offences is processed, this will be carried out only by the Trust in compliance with GDPR Article 10 and can meet one or more of the following conditions set out Schedule 1, Part 3 of the Data Protection Act 2018:

• Sch 1 para 33: Legal Claims.
• Sch 1 para 36: Substantial Public Interest.
• Sch 1 para 37: Insurance Claims.

Additionally, the processing is necessary for compliance with:

• The Common Law Duty of Care. 
• Health and Safety at Work Act. 
• Compliance with articles 6, 8 and 14 of the Human Rights Act. The Act applies to the Trust when they are carrying out public functions. Article 6: the right to a fair trial, Article 8: right to a private and family life Article 14: protection from discrimination.

Access to data

There is no planned regular or scheduled sharing of CCTV footage with any external organisation. However, in the event of a security incident or suspected security incident, footage may be shared with third party organisations such as the police or insurance companies.

Footage may be shared with an individual in response to a subject access request (SAR). The CCTV images and videos are generally kept for a very limited time, you should make your SAR request without delay. You should provide as much information as possible about when and where the image or images were captured, i.e. the specific date, time, location of the camera. Identity documents and any other supporting information will be requested by the Disclosure Team that might assist in identifying you such as the colour and or type of clothing worn on the date and time in question.

Where a subject access request is made, efforts will be made to seek the consent to disclosure of images of any other individuals captured in the footage, and where this is not possible, consideration will be given as to whether it is reasonable to share the information without their consent.

The Trust may not be able to share the image or a video under a subject access request if:

• Other people can be seen in it.
• The Trust is unable to edit out people to protect their identity.

In certain circumstances, the Trust can refuse your request if sharing the imagery or the video could put an ongoing criminal investigation at risk.

Data security

Imagery and videos captured on CCTV work in different ways across each site.  The Trust has appropriate security measures in place on each site to prevent CCTV images and videos captured from being accidentally lost or used or accessed in an unauthorised way. We limit access to the personal data processed through CCTV to those who have a genuine business need to know it.

Retention period

Images and videos captured by CCTV will not be kept for longer than 30 days. On occasions, however, there may be a need to keep images and footage for longer, e.g. where a crime is being investigated or it may become relevant to an investigation. In such cases, images will be retained for a long as necessary (e.g. until the conclusion of any criminal proceedings arising from the incident).

Further Information

• The Trust reserves the right to amend this privacy notice at any time and will keep it under review.  
• For CCTV images linked to a Subject Access Request (SAR), please contact the Disclosure Team using this link.
• For any urgent investigative requests, please contact the Data Protection Officer

If you have any concerns about how the Trust is processing the personal data for CCTV use, you can contact the Trust’s Data Protection Officer by email: dpo@birminghamchildrenstrust.co.uk