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Below you will find the North Yorkshire Police Consent Statement (May 2018).
- Wherever possible North Yorkshire Police will seek a legal basis for sharing information rather than relying on consent. We will rely on consent of the data subject, only when it is the most appropriate lawful basis for processing.
- All requests for consent will be made prominent and separate from the Force’s other terms and conditions.
- Where consent is relied upon, we will ask people to positively opt in.
- We will not use pre-ticked boxes or any other form of default consent.
- We will use clear, plain language that is easy to understand.
- We will specify to the data subject why we want the data and what we are going to do with it through our privacy notices published here.
- We will give clear options to consent separately to different purposes and types of processing.
- When actively seeking consent, we will name any third party data controllers who will rely on the consent also.
- When giving consent to process data, we will inform the data subject of their rights in withdrawing consent.
- We will ensure that individuals can refuse to consent without detriment.
- We will avoid making consent a precondition of a service.
- We will ensure that, when processing data relating to children under the age of 13, the Force will gain the consent of a parent or appropriate adult.
- We will keep a record of any consent received. Consent may be given verbally or in writing.
- We will keep a record of conversations around consent being given, including any advice given.
- We will regularly review consents received to check that the relationship, processing and purposes have not changed.
- We have processes in place to refresh consent at appropriate intervals, including any parental given consents.
- We publicise the ease of withdrawing consent at any time on our privacy notices published here.
- We will act on withdrawals of consent as soon as possible.
- We will not penalise individuals who wish to withdraw consent.
The above includes the processing of all personal data, including sensitive and special category data. Where explicit consent is given for voluntary or compulsory referrals, risk assessments and requests to share information, the above will still apply.
Individuals have the right to withdraw their consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before the withdrawal. Before giving consent, individuals will be informed about their right to withdraw consent at any time.
North Yorkshire Police are committed to ensuring that all Officers and Staff adhere to the data protection principles when handling personal data.
Anyone collecting and processing personal data must have a legal basis for doing so. When relying on consent for the legal basis in processing the personal data of children, the age of the child is important. This is applicable to such processes as Subject Access, Safeguarding Referrals etc.
Before seeking consent, it is important to consider whether the subject’s data may be collected and processed under another, more appropriate, legal basis.
For any child under 13, a parent or appropriate adult may give consent on their behalf – this person must be able to prove parental responsibility. Any child who is 13 and over, and competent, can give consent themselves, however the following must apply when seeking consent to process the personal data of anyone under the age of 18:
- When collecting and processing the personal data of children, it is important that they are informed of, and fully understand, the risks involved.
- An explanation must be given to the child of why the data is required and what will happen to it.
- Any data processed must be done so fairly – considerations must be made around whether the information being collected and processed is justified, proportionate and necessary.
- Data protection principles must be adhered to when processing personal data.
- Children have the same rights as adults over their personal data. These include the following:
- The right to access their personal data
- The right to rectification
- The right to object to processing
- The right to erasure
- Consent, once obtained, must be recorded. This record must include the Force’s name, the name of any third party controllers who will rely on the consent, why the data is needed, what will happen to the data, and that the individual was informed of their right to withdraw consent.
- The child, or their parent/appropriate adult, must be informed of their right to withdraw consent at any time.
Data Privacy Impact Assessments have been drawn up to assess and mitigate the risks to children, particularly if the processing is likely to result in a high risk to the rights and freedom of children.
North Yorkshire Police’s Privacy notices, including information around processing children’s data, are available here.
For any queries or advice around this, please contact the Civil Disclosure Team on CivilDisclosure@northyorkshire.pnn.police.uk.