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Public communication held within internal monitoring logs

The digital monitoring software logs keystrokes and actions taken by users on North Yorkshire Police issued devices for the purposes of system auditing and monitoring in support of criminal investigations and disciplinary matters.

The tool will be used for both pro-active, live-time and reactive monitoring to identify at the earliest opportunity officers / staff who commit corrupt acts and abuse their position for a sexual purpose, also to investigate system misuse matters. Any members of the public or employees of organisations choosing to communicate with North Yorkshire Police in either a professional or personal capacity, are likely to have their details logged in the software as a result of an NYP employee responding to communications.

The Chief Constable of North Yorkshire Police is committed to protecting your personal information.

This Privacy Notice contains important information about what personal details we collect; what we do with that information; who we may share it with and why; and your choices and rights when it comes to the personal information you have given to us.

We may need to make changes to our Privacy Notice, so please check our website for updates from time to time. If there are important changes such as changes to where your personal data will be processed, we may need to contact you to let you know.

Who we are

This Privacy Notice is provided to you by the Chief Constable of North Yorkshire Police who is the data controller of this data.

Your personal data – what is it?

Personal data” is any information about a living individual which allows them to be identified.  Identification can be directly using the data itself, or by combining it with other information which helps to identify a living individual. The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018, and other legislation relating to personal data and rights, such as the Human Rights Act.

The data we may collect about you:

Personal Data that we may collect includes:

  • Personal details that the NYP employee may include when responding to individuals, i.e. name, email address, telephone number, nature of the communication, whether personal or professional;
  • Your views and opinions expressed in your communications.

Although the provision of special category data is not expected or sought, your interaction with NYP may involve special category personal which may reveal:

  • Racial or ethnic origin;
  • Political opinions;
  • Religious or philosophical beliefs;
  • Trade Union membership;
  • Physical or mental health;
  • Sex life or orientation;
  • Genetic or biometric data.

North Yorkshire Police will use the minimum amount of personal information necessary to carry out a particular activity.

Whose personal data do we handle?

We collect the data of all users of NYP systems, this includes the NYP workforce and volunteers, employees from partner organisations who may have access to NYP systems, and members of the public who interact with NYP employees through NYP systems.

What is the legal basis for processing your personal data?

The Chief Constable of North Yorkshire Police may process personal data under GDPR Article 6 (1) (e), the processing is necessary for the performance of a task in the public interest, 6(1) (b) necessary for the performance of a contract that North Yorkshire Police has with the individual, 6(1) (c) the processing is necessary for North Yorkshire Police to comply with legal obligations. Similarly, where we process special categories of personal data, we will do so Under GDPR Article 9 (b) Employment, 9(2)(f) Legal claims, judicial capacity, 9(2)(g) Substantial public interest/rule of law.

The processing is also lawful under the Data Protection Act 2018, s35 (2) (b), the processing is necessary for the performance of a tasks for law enforcement purposes carried out by a competent authority, and for sensitive processing s35 (3) to (5).

The Data Controller will comply with data protection law. This says that the personal data we hold about you must be:

  • Used lawfully, fairly and in a transparent way
  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
  • Relevant to the purposes we have told you about and limited only to those purposes;
  • Accurate and kept up to date;
  • Kept only as long as is necessary for the purposes we have told you about;
  • Kept and destroyed securely, including ensuring that appropriate technical and security measures are in place to protect your personal data and to protect personal data from loss, misuse, unauthorised access and disclosure.

Sharing your personal data:

Data may be shared by the Professional Standards Department within North Yorkshire Police and external parties to achieve the purposes described above, or where the law requires us to do so.

Where we have arrangements to share your personal data, there is a contract, memorandum of understanding or information sharing agreement in place to ensure that the requirements of the Data Protection legislation on handling personal information are met. Where we are required to disclose information by law, for example for safeguarding purposes, we may do so without these arrangements.

NYP will take steps to ensure any disclosures of personal data are necessary and proportionate, as required by law. Whenever we share your personal information, sharing options will be evaluated to ensure that your data is shared in the most secure manner.

How do we keep your personal information secure?

We are committed to ensuring that your personal data is safe and processed securely. In order to prevent your personal data from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed, we have put in place suitable physical, electronic and managerial measures. These include information security awareness training for our staff. We have also compiled procedures to safeguard and secure the information that we hold about you which our staff adhere to.

We limit the access to your personal information to those employees who have a business need to know, for instance through secure work areas and access controls on all of our systems. Employees, contractors and other third parties who handle personal data will only process your personal information in line with our direct instructions.

The Professional Standards Department abide by a Standard Operating Procedure that controls the appropriate access and use of the monitoring data. The users of this software are also audited on their access to and use of the data.

How long do we keep your personal information?

North Yorkshire Police keeps your personal information as long as is necessary for the particular purpose, or purposes, for which it is held.

Records that contain your personal information processed for “general data” purposes will be managed in accordance with the Force’s Retention Schedule.

Your rights and personal data:

A key area of change in the new Data Protection Act relates to individuals’ rights. The law refreshes existing rights by clarifying and extending them and introduces new rights.

However your information rights will be dependent on the reason why the data was collected, how the data was collected and why it is being used.

Further information about your rights can be found on the “Your Data Rights” page.

Further processing:

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, we may provide you with a new notice explaining this new use and setting out the relevant purposes and processing conditions, prior to commencing the processing.  We will seek your prior consent to the new processing if this is appropriate.

Contact Details:

Details as to how we can be contacted as well as how you can submit a complaint is available on our website: https://northyorkshire.police.uk/access-to-information/data-protection/