Data protection and CCTV

On 25 May 2018, the Data Protection (Charges and Information) Regulations 2018 (the 2018 Regulations) came into force, changing the way the ICO funds its data protection work.  Under the 2018 Regulations, organisations that determine the purpose for which personal data is processed (controllers) must pay a data protection fee unless they are exempt.  The new data protection fee replaces the requirement to 'notify' (or register), which was in the Data Protection Act 1998 (the 1998 Act).

The council is a Tier 3 Fee Payer as it is a public authority, has more than 250 employees and is a data controller.  The annual fee payable to the ICO is £2900.  

A copy of the council's Registration Certificate (PDF 103KB) can be downloaded or you can search the ICO Register of Fee Payers using the council's Registration Number Z5623112.     

As a public authority the council is required to have a Data Protection Officer who is responsible for:

  • monitoring the council's compliance with the GDPR and other data protection laws
  • advising the council in respect to their data protection obligations
  • provide advice and monitor the Data Protection Impact Assessment process
  • acts as a point of contact for the Information Commissioner's Office (ICO) and members of public on any matter relating to Data Protection.

If you need to contact the Data Protection Officer their details are:

Email: dataprotection@cumbria.gov.uk 
Post:  Cumbria House, 117 Botchergate, 1st Floor, Legal and Democratic Services, Carlisle, Cumbria CA1 1RD

Being transparent and providing accessible information to individuals about how we use personal information is a key element of the General Data Protection Regulation (GDPR). The most common way to provide this information is in a privacy notice.  The council's Privacy Notice combines general and service specific information. 

Why does the council operate CCTV?

A CCTV system has been installed at Cumbria County Council's new build (Cumbria House) for the following purpose: assisting with the prevention and detection crime and disorder i.e. burglary, damage to property, arson.  This purpose is reflected in the council's entry on the Information Commissioner's Register of Data Controllers. 

Civil Enforcement Officers (CEOs) employed by Cumbria County Council, who undertake the enforcement of parking restrictions, are each equipped with a Body Worn Video Device (BWVD) which has both video and audio recording capability. During their work the CEOs are vulnerable to verbal and physical abuse.

The BWVDs can act as a deterrent to abusive and aggressive behaviour and prevent a situation escalating and the recording can also be used as evidence in cases where a CEO has been assaulted or abused. It can also be used to investigate complaints about a CEO.

The Council's Body Worn Video Device and Hand Held Unit Policy (PDF 417kb) details the operational procedures for using the devices, data storage and requests for access to footage.

Where does the council operate CCTV?

Cumbria County Council operates a CCTV system at Cumbria House, 117 Botchergate, Carlisle CA1 1RD.  The system covers the exterior of the building (including rear car park), entrance/exit points and reception area.  The CCTV System is programmed to block out windows - a privacy zone (a black block) will remain on the windows.  All cameras that overlook residential premises are also programmed with privacy zones.

How do I make a request?

You have the right to request CCTV footage of yourself.  To do this you must submit a request in writing preferably using the council's online make a request form.  This allows for the identification and handling of requests for CCTV footage. Contact details can be found on this page or on signage displayed on the exterior of the building.

When submitting your request you should provide the following details to allow for accurate identification of relevant footage:
• specific date(s)/time
• proof of your identity
• a description of yourself
• a description of the incident

What does the council have to provide?

The council must provide a copy of the footage that you can be seen in within one month.  Images that identify other people will be blurred out or redacted.  Any redactions will be explained at the point of disclosure.  If your request is unclear or further detail is required the council will contact you as soon as possible.

How will the council respond? 

The council's preferred method of response is in writing.  A permanent copy of the images or footage will be provided to you by secure email or recorded delivery.  If this is not possible an appointment will be made for you to view the footage on council premises. 

Can the council refuse my request?

The council can refuse your request if sharing the footage will put a criminal investigation at risk.

Who can I contact for advice?

If you would like advice on CCTV or submitting a request please contact:

Online:  Make a Request
Email:   dataprotection@cumbria.gov.uk
Post:     Cumbria House, 117 Botchergate, 1st Floor, Legal and Democratic Services, Carlisle, Cumbria CA1 1RD
Phone:  01228 221234

If you would like to request a copy of the data the council holds about you please visit Requesting Personal Data for further information on how to submit a Data Subject Access Request. 

In addition to your right of access the General Data Protection Regulation (GDPR) also gives you the following rights:

  • the right to be informed via the council's Privacy Notice
  • the right to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point
  • the right of rectification, we must correct inaccurate or incomplete data within one month
  • the right to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information
  • the right to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future
  • the right to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked
  • the right to object. You can object to your personal data being used for profiling, direct marketing or research purposes
  • you have rights in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

Where our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. If you do decide to withdraw your consent, we will stop processing your personal data for that purpose, unless there is another lawful basis we can rely on - in which case, we will let you know. Your withdrawal of your consent won't impact any of our processing up to that point.

Where our processing of your personal data is necessary for our legitimate interests, you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim. 

You can exercise any of these rights by contacting: