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Law enforcement privacy notice

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 such as name, date of birth, gender, address, ID numbers and contact details;
  • Sound, video and visual images including a photograph for ID purposes or video compilations for identification parades;
  • Parents’ or carers’ details if you’re a young person going through law enforcement proceedings;
  • Your vehicle details such as make, model, colour and vehicle registration mark;
  • Financial details including bank details;
  • Intelligence material;
  • Complaint, Incident and accident details including past conviction details;
  • Location data;
  • School records and membership to sporting organisations;
  • Data devices such as mobile devices like tablets and phones; and
  • Employment details including job title*.

Special category personal data may include personal data revealing:

  • 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 such as fingerprints and DNA.

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

* Please note, where a Notice of Intended Prosecution under section 172 of the Road Traffic Act is sent out to a company and the driver of the vehicle involved in an alleged speeding offence needs to be identified, this enables the Traffic Bureau to ensure that an appropriate party from the company has the authority to respond to the notice; private individuals alleged of speeding offences do not need to provide their job title.

Where do we obtain data from?

We collect data from a range of sources. We may collect data for our investigations from partner agencies, for example as part of our Multi-Agency Collaboration arrangements, through direct reporting from the public, but also from information which is already publically available.

All crimes disclosed as part of these proceedings will be recorded by North Yorkshire Police in accordance with the National Crime Recording Standard and the Home Office Counting Rules for Recorded Crime. All crimes recorded will be assessed and may be subject of an investigation.

Your title, full name and address are publically available if you successfully register to vote. In line with the Gov.uk privacy notice, North Yorkshire Police may use the data held on the Open Register or the Electoral Register for preventing, detecting, investigating crime and apprehension of suspects of crime. This is done through identifying habitable addresses and current residency details, or confirming an individual’s registered electoral address.

Whose personal data do we handle?

  • Victims;
  • Witnesses;
  • Individuals convicted of an offence;
  • Individuals suspected of committing an offence;
  • Intelligence sources;
  • Complainants, including information such as correspondence and enquiries;
  • House to house pedlars (for more information please see the licencing section of this website)
  • House to house collectors (for more information please see the licencing section website)
  • Consultants and other professional experts;
  • Third parties whose data may be stored on devices seized as part of proceedings for data extraction; and
  • Other members of public.

What are the legal bases for processing your personal data?

We will only use personal information when the law allows us to and where it is necessary and proportionate to do so.

The Chief Constable of North Yorkshire Police may process personal data for the following reasons:

  • It is necessary for the performance of a task carried out by a competent authority, specifically that of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
  • You have given consent for your personal data to be processed;
  • It is necessary to meet a legal obligation;
  • It is necessary for the purpose of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
  • It is necessary to exercise a function;
  • It is necessary to protect the interest of the data subject (for example the individual applying for a firearms license), or another individual (for example one affected by a firearms license being issued);
  • It is necessary for the administration of justice;
  • It is necessary for carrying out judicial acts;
  • It is necessary for preventing fraud; and
  • We are reusing information originally collected for law enforcement processing, for general purposes, for instance in allowing an individual to claim legal aid.

We process special category personal data including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, for the following purposes:

  • It is necessary for the purpose of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
  • You have given consent for your personal data to be processed;
  • The personal data being processed is already in the public domain;
  • It is necessary for the purposes of performing or exercising obligations in connection with employment, social security or social protection;
  • It is necessary for protecting individual’s vital interests;
  • It is necessary for reasons of substantial public interest;
  • It is necessary for the safeguarding of children and of individuals at risk;
  • It is necessary for the purpose of any legal proceedings;
  • It is necessary for statutory purposes;
  • It is necessary for administration of justice;
  • It is necessary when a court or other judicial authority is acting in its judicial capacity;
  • It is necessary for preventing fraud; and
  • It is necessary for archiving purposes.

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 the case of data being processed for general, non-law enforcement purposes, in a transparent way (this only applies to data processed under the GDPR);
  • 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:

We may share your personal data internally with relevant departments for the purpose of fulfilling one or more of the above stated legal bases. We may also engage the services of other agencies to meet legal requirements, or fulfil another lawful basis. For instance, we may share information collected during investigations with other agencies working on crime reduction and prevention initiatives for law enforcement purposes, or we may share such information with relevant parties as part of our Multi-Agency Collaboration arrangements, for example Community Safety Hubs.

If appropriate we will pass your details to Social Care to discuss services they can offer you. The Police are permitted to share your information without your consent, should we believe any safeguarding or welfare concerns exist.

Furthermore, when receiving your 999 or 101 call, where appropriate, we may refer you to other agencies to ensure you get the most appropriate support delivered by agencies best suited to addressing your needs. We may also share information for the purpose of meeting legal obligations under the Victim’s Code of Practice.

If you have given consent to engage with agencies to reduce or desist your offending, we will share your personal data with the key agencies involved in delivering the scheme. The Integrated Offender Management Programme privacy notice provides more information.

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. In addition, we may have an overarching information sharing protocol with partner agencies as part of our Multi-Agency Collaboration agreements. Where we are required to disclose information by law, for example for safeguarding purposes, we may do so without these arrangements.

We engage with third party processors who handle some, or all, of the above mentioned information.

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.

Under some circumstances, offence details may be shared by the victim, which may reveal the offender’s personal data. Supporting Victims who provide support to anyone affected by crime, both reported and unreported, enquire about the details of the incident which led individuals to them as part of their service delivery. This is so that the victims’ needs can be identified and so that the victim can be provided with the most appropriate support. More details relating to the data collected for the purpose of supporting victims can be found on the Police, Fire and Crime Commissioner’s website. The Supporting Victims Privacy Notice also provides more information.

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.

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.

Personal information which is placed on the Police National Computer is retained, reviewed and deleted in accordance with the Retention Guidelines for Nominal Records on the Police National Computer.

Other records that contain your personal information which was processed for law enforcement purposes are retained in accordance with the College of Policing guidance on the Management of Police Information and North Yorkshire Police Record Retention Policy.

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. Consequently, where data is being processed for law enforcement purposes, some of your rights may be restricted.

Further information about your rights relating to data processed under the Law Enforcement Directive  and information about your rights relating to data processed under the GDPR 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/

This version of our Privacy Notice was last updated on 20 May 2019.