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1. The General Data Protection Regulations (GDPR) came into force in May 2018, and brought into force new rules about how organisations can handle personal data.
2. This statement sets out what personal data the PCC holds, our purposes for processing that data, the lawful basis we have for doing so, who we share that information with, your individual rights in relation to that data, and some ancillary information about data security, data retention (how long we hold the data) and data breaches.
3. This document is intended to serve as a ‘privacy statement’ within the requirements of the GDPR to explain how we handle personal data.
4. We have the following key business purposes for processing personal data:
i. The effective personnel management i.e. PCC staff, volunteers and contractors as well as recruitment functions. Note that this is contained in a separate Employee Privacy Notice and so is not considered further in this privacy statement.
ii. To engage with our partner organisations and contracted service providers to progress joint policing, criminal justice, victim support and community safety objectives and related matters. Our partner organisations include national and local public, private and voluntary organisations and an indicative list of these organisations is set out at Annex A for information.
iii. To assist members of the public who have contacted us for help or advice about specific issues or who have raised complaints. iv. To effectively administer Committees and Panels and communicate with Committee and Panel members.
5. We hold business email and postal addresses, and business telephone numbers. Annex A (below) sets out an indicative list of our stakeholders / partner organisations.
6. We hold information they have supplied to us, to enable us to respond to them. This may include home or business addresses, personal and/or business email addresses and personal or business phone numbers. This may include some “Special Category” data, as defined below – but only where the member of the public has offered this information to us of their own volition.
7. We hold home and/or business email and postal addresses, and telephone numbers, together with information required to assess potential conflicts of interest and to be able to pay expenses. This may include some “Special Category” data.
8. The legal basis for our use of information will vary depending on the particular circumstance. These are some examples:
9. The GDPR contains specific requirements about the handling of “Special Category Data”. This is personal data which is regarded as particularly sensitive and includes race, ethnic origin, politics, religion, health, sexual orientation, genetic information, etc.
10. In order to process special category information, organisations must satisfy a specific condition (from a limited range set out in Article 9(2) of the GDPR). The following applies:
11. Personal data belonging to members of partner organisations – Where we hold personal data, we do not generally share this without the permission of the data subject, except in exceptional circumstances i.e. there is an urgent need that a third party is able to contact that person.
12. Personal information from members of the public – unless there is a compelling public interest in doing so (i.e. to protect your safety or that of other people), we do not share this data without first seeking the agreement of the member of the public.
13. Personal data belonging to Committee and Panel members – Where we hold personal data, we do not generally share this without the permission of the data subject, except in exceptional circumstances i.e. there is an urgent need that a third party is able to contact that person.
14. We will not transfer personal data to countries outside the EEA.
15. The GDPR protects the rights of individuals about how personal information is held. Individuals have the following rights (except in certain specific circumstances):
i. The right to be informed about the collection and use of your personal data - This means we must explain our purposes for processing your personal data, our retention periods for that personal data, and who it will be shared with. That is what this document aims to do.
ii. The right of access – this allows you the right to be aware of the personal data and any supplementary information we hold about you and allows you to check that our processing is lawful. However, we must verify your identity before allowing you access.
iii. The right to rectification – you have the right to ask us to correct your personal data where it is inaccurate or incomplete. You can make this request either verbally or in writing and we must respond within one month. We do not have to make a change if we think the data is accurate or if we believe the request is manifestly unfounded or excessive.
iv. The right to erasure – you can ask us to erase your personal data (also known as the ‘right to be forgotten’). The section below on Our Data Protection Policy sets out information about how long we would normally retain data before erasing it, but if you want us to erase personal data before the end of that period, you can ask us to do so, either in writing or verbally. We will respond within one month, and we can only refuse to erase personal data in a limited number of circumstances which are set out in the ICO guidance
v. The right to restrict processing – you can ask us not to share your personal data (as set out in the section on Sharing Personal Information), under specific circumstances if you have contested the accuracy of the data or our lawful basis for processing it.You can also ask us to hold your data but not share it, where we would normally delete under our retention policy, but you need us to keep it in order to establish, exercise or defend a legal claim.
vi. The right to data portability – this right only applies where the lawful basis for processing is consent or for the carrying out of a contract, and processing is carried out by automated means. These conditions do not apply to the PCC or the personal data we hold.
vii. The right to object – you have the right to object to our processing of your personal data. We must comply with your request unless we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms.
viii. Rights in relation to automated decision making and profiling – the PCC does not use these.
16. This sets out a summary about how long we retain different types of personal data before we delete it. This varies according to the type of personal data it is:
17. We have undertaken an internal audit to identify the types of personal information we hold. This is set out in ‘The ‘Business Related” Personal Data We Hold’ section of this policy.
18. We take the security of business-related personal data seriously. We have controls in place to protect personal data against loss, accidental destruction, misuse or disclosureand to ensure that data is not accessed, except by employees in the proper performance of their duties. We:
19. OPCC Employees who have access to personal data are required:
20. A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. If a breach does occur, we must inform the Information Commissioner within 72 hours. We must also notify you as soon as possible if the breach carries a high risk to your rights and freedoms. In the unlikely event that this occurs, we will discuss with you how best to address any adverse consequences that might arise from the breach.
21. We have appointed a Data Protection Officer (DPO) to help monitor our compliance with the GDPR and other data protection laws, our data protection policies, awareness-raising, training, and audits. If you have any concerns about your data or how we process it, you should contact the DPO in the first instance using the details set out below (under Contact, Complaints and Concerns).
22. If you have concerns or queries about how we handle your data, you should contact our Data Protection Officer: Matt Walton – Senior Governance and Performance Officer Phone: 01606 364000 Email: email@example.com
23. If you are not satisfied with how we have handled your query or the action we have taken as a result, you can:
24. In some circumstances, you might also be able to enforce your rights through legal action/the courts. You may want to seek independent legal advice about this, where appropriate.
25. The Police and Crime Commissioner for Cheshire and Cheshire Constabulary may use a range of methods, including face-to-face interviews, telephone and postal surveys, both to identify community priorities and to establish public satisfaction levels so our performance and effectiveness can be evaluated and improved. Depending on the purpose of the survey, the questionnaires may be targeted at members of the public chosen randomly according to accepted statistical principles, or specifically at victims or witnesses of crime or other incidents. Like many organisations we may use a private company to undertake some surveys on our behalf with strict controls to protect the personal data of those involved.
The following is an indicative list of the main partner organisations where we hold the business email and postal addresses and business telephone number of some staff and officers:
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