On the 25th May 2018 the UK produced its third generation of data protection law. This is the same date as the General Data Protection Regulation (GDPR) was launched throughout the European Union, EU.
The new data protection law will apply the EU’s GDPR standards for the processing of data considered as “general data”, this is data which is processed for a reason not involving law enforcement or national security. How organisations should process “general data” can be found at Part 2 of the new law.
The processing of data for law enforcement purposes can only be done by an organisation which is considered as a “competent authority”. Law enforcement purposes are “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”. The description of a “competent authority” is laid down in data protection law, and includes but is not limited to, organisations such as police forces, the Financial Conduct Authority and the Information Commissioner. How organisations should process data for “law enforcement purposes” can be found at Part 3 of the law.
This Privacy Notice explains how and why South Wales Police and Crime Commissioner’s Office process your personal data, under Part 2, “general data” and Part 3 “law enforcement data” and the steps we take to keep your information safe. It also describes your rights in regard to your personal information and how to complain to the Information Commissioner if you have concerns as to how we have handled your data.
Who are we?
South Wales Police is the territorial police force responsible for policing the areas of South Wales, United Kingdom, including the Bridgend, Cardiff, Merthyr Tydfil, Neath Port Talbot, Rhondda Cynon Taf, Swansea and Vale of Glamorgan unitary authority areas.
The Police and Crime Commissioner has overall responsibility for ensuring an effective and efficient police force and criminal justice system in the area in which they serve.
The Police and Crime Commissioner is the “Controller” and as such has overall responsibility for the lawful processing of all personal data processed by the Office of the Police and Crime Commissioner. He is assisted by the “Data Protection Officer” who provides advice and guidance in relation to data protection law.
The Police and Crime Commissioner
Data Protection Officer
South Wales Police Headquarters
Strategic Lead: Quality, Standards and Compliance
Police and Crime Commissioner’s office
South Wales Police Headquarters
Processing under Part 2 – General Data (GDPR)
Why do we process your personal information, considered as general data?
South Wales Police and Crime Commissioner’s office processes personal information for a variety of reason which are not related to law enforcement.
For example we process personal data for the following “lawful purposes” to;
Whose personal information do we hold?
In order to carry out the purposes described above South Wales Police and Crime Commissioner may obtain, use and disclose personal information relating to a wide variety of individuals including:
What type of personal information do we process?
The type of personal information we hold will vary depending upon the reason you have had contact with us but it may include:
We will use the minimum amount of personal information necessary to fulfil a particular purpose. Your personal information may be held on a computer system, in a paper record such as in a physical file or a photograph.
Where do we get the personal information from?
To carry out the purposes we have described we may obtain personal information from a wide variety of sources, including:
How do we handle your personal information?
We handle personal information according to the requirements of Part 2 of the UK Data Protection Act 2018, which applies the EU’s General Data Protection Regulation (GDPR) standards for the processing of data considered as “general data”. Your personal information, held on our systems and in our files, is secure and is processed by:
only when required to do so for a lawful purpose.
We will ensure that your personal information is handled fairly and lawfully. We will strive to ensure that any personal information used by us or on our behalf is of the highest quality in terms of accuracy, relevance, and adequacy, is not excessive and is kept as up-to-date as possible and is afforded appropriate protection.
We will regularly review your data to ensure it is still required and we have a lawful purpose to continue to retain it. If there is no lawful purpose then your data will be securely destroyed.
We will respect your information rights under the Act.
Who do we share your personal information with?
To carry out the purposes described, South Wales Police and Crime Commissioner may disclose personal information to a wide variety of recipients, where necessary, including those from whom personal data is obtained. This may include:
Disclosures of personal information are made on a case-by-case basis, only relevant information, specific to the purpose and circumstances, will be disclosed and with necessary controls in place.
South Wales Police and Crime Commissioner will also disclose personal information to other bodies or individuals when required to do so, this could be under an act of legislation, by a rule of law, or by court order. This may include:
South Wales Police and Crime Commissioner may also disclose personal information on a discretionary basis for the purpose of, and in connection with, any legal proceedings or for obtaining legal advice.
How do we keep your personal information safe?
South Wales Police and Crime Commissioner takes the security of all personal information under our control very seriously. We will comply with the relevant parts of the legislation relating to security, and seek to comply with relevant parts of the ISO27001 Information Security Standard.
We will ensure that appropriate policies and training, as well as technical and procedural measures are in place. These will include, but is not limited to, ensuring our buildings are secure and protected by adequate physical means. The areas restricted to our police officers, staff and partner agencies staff is only accessible by those holding the appropriate identification, and have legitimate reasons for entry. We carry out audits of our buildings’ security to ensure security is adequate. Our systems meet appropriate industry and government security standards.
We carry out regular audits and inspections, to protect our manual and electronic information systems from data loss and misuse, and only permit access to them when there is a legitimate reason to do so. Our standard operating procedures and policies contain strict guidelines as to how any personal information contained within them may be used. These procedures are reviewed regularly to ensure our security of information is kept up-to-date.
How long will you keep my personal information?
South Wales Police and Crime Commissioner 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 South Wales Police and Crime Commissioner Retention and Disposal Policy.
What are my information rights?
A key area of change in the new Data Protection Act relates to individuals’ rights, the law clarifies and extends rights which existed under the Data Protection Act 1998, as well as introducing some additional ones.
Your information rights will depend on the reasons why and how your information was collected and why it is being used.
Your information rights in relation to personal data, considered as “general data”, are:
Right to be Informed- This places an obligation upon South Wales Police and Crime Commissioner to tell you how we obtain your personal information and describe how we will use, retain, store and who we may share it with.
We have written this Privacy Notice to explain how we will use your personal information and tell you what your rights are under the legislation.
Right of Access – This is commonly known as subject access and is the right which allows you access to your personal data and supplementary information, however it is subject to certain restrictions.
Right to Request Rectification – You are entitled to have personal data rectified if it is inaccurate or incomplete.
Right to Erasure – The right to erasure is also known as ‘the right to be forgotten’. This right enables you to request the deletion or removal of personal data where there is no compelling reason for its continued processing.
Right to Restrict Processing – Individuals have a right to ‘block’ or suppress processing of personal data. When processing is restricted, organisations are permitted to store the personal data, but not further process it.
Right to Data Portability- The right to data portability allows you, in some instances, to obtain and reuse your personal data for your own purposes across different services.
Right to Object- Individuals have the right to object to:
o The processing of your personal data based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
o The processing of their personal data for direct marketing (including profiling); and
Rights Relating to Automated Decision Making – Automated individual decision making and profiling is a decision made by automated means without any human involvement.
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