This privacy notice is designed to help you understand how and why North Yorkshire Council processes your personal data. 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).
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.
The council has appointed Veritau to be its data protection officer. Their contact details are:
Information Governance Office
Tel: 01904 552848
What personal information do we collect?
To deliver community safety services we may collect the following personal information:
- date of birth
- CCTV footage
- lifestyle and social circumstances
- relationship status
- housing tenure and tenancy information
We may collect special category information about you including:
- health and treatment received
- race, ethnicity or nationality
- religion, faith or belief
- sexual orientation
- criminal convictions and offences
- trade union membership
Why do we collect your personal information?
To undertake our community safety functions we process personal information for:
- the prevention, detection and investigation of crime and disorder
- the prevention and detection of terrorism
- the instigation of legal proceedings
- to carry out comprehensive safeguarding procedures in order to protect vulnerable adults and children from harm or injury
- to enable us to meet all legal and statutory obligations and powers including any delegated functions
Who do we obtain your information from?
We may collect your personal information in the following ways:
- information provided by yourself
- through the criminal justice system
- through the collection of CCTV recordings
- referrals from partner agencies such as those mentioned below
- information regarding neighbour disputes or community conflicts
- police intelligence or data relating to specific individuals, groups or people
- case notes from health representatives
- internally from North Yorkshire Council’s adult and children’s services
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
- HM crown prosecution services
- North Yorkshire youth
- ministry of justice (HM courts and NOMS)
- national probation service
- police and crime commissioners 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.
How long do we keep your information for?
Information for the purposes of reducing crime and disorder
Generally, we keep the information for 6 years after we close a file. But sometimes this period can be longer or shorter, if legally justified.
What is our lawful basis for processing your information?
North Yorkshire Council relies on the following lawful basis to process your personal data:
- 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
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
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 childrens 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
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.