This notice should be read in conjunction with our corporate privacy notice.
Who are we?
North Yorkshire Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR).
What personal information do we collect?
We need to collect both personal and special category data depending on the specific service being delivered.
Personal data may include:
- name and contact details
- addresses
- date of birth
- photographs and video recordings
- lifestyle and social circumstances
- relationship status
- educational history (for example, qualifications)
- behaviour
- relationship to decease
- records from meetings and decisions
Special category information:
- racial or ethnic origin
- religious or philosophical beliefs
- health information
- sex life and sexual orientation
- criminal convictions and offences
- trade union membership
Why do we collect your personal information and what is our lawful basis for processing?
Community safety
Purpose
North Yorkshire Council has a duty to work with the police to reduce crime and disorder. The council work in collaboration with the police and other partners to reduce crime and disorder through tackling issues such as anti-social behaviour, drug and alcohol misuse, re-offending and the fear of crime.
Lawful basis
UK GDPR Article 6(1)(a) - you have given us consent for the processing of the information.
UK GDPR Article 6 (1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject.
UK GDPR Article 6(1)(d) - processing is necessary in order to protect the vital interests of the data subject or another individual.
UK GDPR Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
For the processing of personal data relating to criminal convictions and offences, processing meets Schedule 1, Part 2 of the data protection act 2018 as below:
- (10) - preventing or detecting unlawful acts
- (18) - safeguarding of children and individuals at risk
Where the council processes your special category data, this will be based on:
UK GDPR Article 9(2) (a) – you have given us your explicit consent to process the information
UK GDPR Article 9(2) (c) – processing is necessary to protect your vital interests or another individual where neither are able to physically or legally give consent
UK GDPR Article 9(2) (g) – processing is necessary for reasons of substantial public interest
UK GDPR Article 9(2) (h) – processing is necessary for the purposes of preventive or occupational medicine
The above Article 9 conditions are in pursuance with the following conditions from the Data Protection Act 2018:
- schedule 1 (2) – health and social care purposes
- schedule 1 (6) – statutory etc and government purposes
- schedule 1(18) – safeguarding of children and or individuals at risk
Domestic homicide review
Purpose
North Yorkshire Council is a member of the North Yorkshire Community Safety Partnership (NYCSP) which is the statutory County Strategy Group that provides the strategic leadership for addressing community safety matters across North Yorkshire.
One of the North Yorkshire Council partnership’s responsibilities is to provide (on behalf of the Community Safety Partnerships) the governance for domestic homicide reviews as they are required in the county. Officers within North Yorkshire Council provide the management and administration.
This notice explains what information we collect, why we collect it and how we keep it secure. Should you wish to find out more about North Yorkshire Council's data protection policies please contact our data protection officer.
Lawful basis
UK GDPR Article 6(1)(c) – processing is necessary to fulfil a statutory obligation.
UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The legal principles are contained in the following framework or legislations: Common Law Duty of Confidentiality, Data Protection Act 2018, Access to Medical Reports Act 1988 and Access to Health Records Act 1990. These legislations protect Patient Identifiable Data 7 (PID).
With regard to special category data:
Article 9(2)(b) – processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law.
UK GDPR Article 9(2) g) - reasons of substantial public interest, condition 6. Statutory and government purposes.
Statutory government purpose - statutory guidance under section 9(3) of the Domestic Violence, Crime and Victims Act (2004).
With regard to criminal offence data:
Article 10 (1)(18) safeguarding children and adults at risk.
The following legislation and frameworks also support the sharing arrangements:
- Children Act 2004 – requires a variety of agencies to share information to help safeguard children and promote their welfare
- Domestic Violence, Crime and Victims Act 2004, section 9(3) of the Domestic Violence, Crime and Victims Act (2004)
- Crime and Disorder Act 1998 (preventing crime and disorder, Section 17 – Duty to consider crime and disorder implications, Section 115 – Disclosure of information)
NHS Act 2006 requires NHS bodies and local authorities to work together for the benefit of the health and wellbeing of the population. The Act also ensures that information that identifies patients and which is needed to support essential NHS activity can be used without the consent of those patients.
- Crime and Disorder Act 1998 – sets out the power for a range of agencies to share information for the purposes of preventing crime and disorder
- Mental Capacity Act 2005 and associated code of practice
- The Care Act 2014 – specially talks about responsibilities and refers to information sharing
- MAPPA operating protocol us used for managing sexual or violent offenders
- MARAC arrangements cover sharing information to allow provision of services by a variety of agencies for victims of domestic abuse
- MATAC arrangements cover sharing information by a variety of agencies to identify serial perpetrators of domestic abuse
- North Yorkshire safeguarding children board – arrangements are in place to permit the secure, lawful and confidential sharing of information between organisations for the purpose of safeguarding children
- North Yorkshire Safeguarding Adults Board – arrangements are in place to permit the secure, lawful and confidential sharing of information between organisations for the purpose of safeguarding adults
Who do we obtain your information from?
Information that we collect from you will be obtained via face-to-face discussions and interviews, through email and telephone communications, via review of medical and social care records and via discussions with professionals who have been involved with the victims and their families.
We will also collect information relevant to the review from those organisations participating in the review process.
This may include but is not limited to, organisations such as:
- North Yorkshire Police
- North Yorkshire Fire Brigade
- North Yorkshire Community Safety Partnership
- HM Crown Prosecution Services
- North Yorkshire Youth
- Ministry of Justice (HM Courts and NOMS)
- National Probation Service
- Police and Crime Commissioner's Office
- health services including mental health, drug and alcohol services
- local housing associations
- youth justice and youth services
- registered social landlords
- IDAS
- North Yorkshire Horizons
- Tees, Esk and Wear Valley NHS Foundation Trust
- South Tees NHS Trust
- York and Scarborough Hospital Trust
- City of York Council
- Harrogate and District NHS Foundation Trust
- Housing organisations such as Beyond Housing, Broadacres, Selby Housing, Yorkshire Housing, Changing Lives
Who do we share this information with?
We share personal information with external partner agencies, including the following organisations:
- North Yorkshire Police
- North Yorkshire Fire Brigade
- North Yorkshire Community Safety Partnership
- IDAS
- HM Crown Prosecution Services
- North Yorkshire Youth
- Ministry of Justice (HM Courts and NOMS)
- National Probation Service
- Police and Crime Commissioner's Office
- health services including mental health, drug and alcohol services
- local housing associations
- youth justice and youth services
- registered social landlords
In some cases, we may share information with charities, voluntary organisations and other third parties who are not partner agencies but have an interest in the matter.
When the decision to initiate a domestic homicide review is taken an independent chair is appointed and a multi-agency review panel is convened. The review panel is made up of representatives from a range of organisations who are best placed to contribute to the review and take forward any recommendations that come out of the process.
We will securely share information relevant to the review with those organisations participating, as described above, in the review process as described within the statutory guidance for the conduct of domestic homicide reviews.
We may share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings.
In the event of a dispute, complaint or claim, we will share personal information with our legal and professional advisers.
How long do we keep your information for?
Community safety
| Data held | Retention period |
|---|---|
| Information for the purposes of reducing crime and disorder | Kept 6 years after closure (unless legally required otherwise) |
Domestic homicide review
| Data held | Retention period |
|---|---|
| Personal information |
Kept 6 years post‑review, then securely destroyed Exception (recordings) - deleted once minutes are finalised |
Other relevant transparency information
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.