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Privacy notice 009 - videos and photos at incidents – members of the public

This notice is one of a set which explain what data we collect, store and process to provide our services to customers. It also sets out the legal basis we are using for collecting the data stated.

It should be read alongside our overall privacy notice and the breach process, which sets out what we will do should any data we collect be lost or misused.

What data does this notice cover?

This notice covers our limited use of personal and identifiable photographs of members of the public at operational incidents. 

Our legal bases

As part of a medical handover to the ambulance service or other trained medical staff in the employment of the NHS, and to protect your vital interests, we may without your consent take a photograph of you, or someone for whom you are legally responsible, and share this with relevant parties. We process this data under Section 9H special conditions of the General Data Protection Regulations, as adopted within the Data Protection Act 2018, namely:

“(h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3”

We do not take photographs of identifiable living persons at incidents at any other time. 

Type of data collected

We hold the following personal information:

Who might we share your data with?

Drone and underwater footage will be shared with police to assist with their enquiries into any cases they may be investigating. 

We may also share images of fire scenes taken by our fire investigation team with forensic investigators appointed by insurers. These will be shared in order to assist with their enquiries in determining the origin and cause of any fires they may be investigating. However, any images shared with forensic investigators acting on behalf of an insurer will not include images of identifiable persons, either living or dead.

Where is the data stored?

All imagery is captured on devices provided by the authority. The use of personal devices for such imagery is forbidden and may be investigated under the authority’s code of conduct for employees. 

Data captured from drones or underwater equipment for investigations on behalf of the police, another fire and rescue service or other authorised agency will be immediately transferred to that agency at the scene of the incident, and then destroyed. They will not be stored within our network at any time.

How long will we hold your data for?

Data captured for sharing with the NHS is deleted as soon as it is passed to the NHS and receipt has been acknowledged. It is not saved within our network for any longer than is absolutely necessary. A record that the data pas been passed to the NHS will be made on the incident log. 

What are my rights?

You have the right of access to any data we hold which identifies you. You can ask to see it by making a subject access request.

We do not charge for making a subject access request.

Sharing data with Kent Police and other enforcing agencies is a legal duty placed upon us, and you cannot remove your consent to us doing so.

If you want to amend any data we hold about you, or query why we hold it, please email dataprotection@kent.fire-uk.org or use the details on our contact us page.

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