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To understand how your data is collected and handled, read our privacy notice.
The use and disclosure of personal data is governed in the United Kingdom by the Data Protection Act 2018 (the Act). Under the Act the Chief Constable of Cheshire Constabulary is registered as a data controller. In the rest of this privacy notice, the Chief Constable of Cheshire Constabulary is referred to as we or us.
This privacy notice explains:
We will treat information you provide to us in using this website in confidence and we will not disclose it to third parties unless we are required to do so by law, or as explained in this privacy notice.
We gather information about site usage to help the development and improvement of services to the public, and to protect the integrity of our systems from malicious users. We also gather information through the various functions available on the site that allow you to provide us with information (such as online forms and the live-chat function) for the purposes described later in this privacy notice. At the moment this information consists of:
Personal data is any information we handle that relates to an identified or identifiable natural person. An 'identifiable natural person' is anyone who can be identified, directly or indirectly from information, including by reference to a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Our Information Compliance Department manages our data protection compliance.
We take our data protection responsibilities seriously. We take great care to ensure we process your personal data properly to maintain your trust and confidence. You can contact our Data Protection Officer if you have any questions or concerns about how we process your personal data.
Data Protection OfficerCheshire Constabulary HQClemonds HeyOakmere RoadWinsfordCheshireCW7 2UA
Telephone: 01606 36 2384Email: [email protected]
We have a legal duty to uphold the law, prevent crime, bring offenders to justice, and protect the public. To do this we process your personal information for carrying out a range of activities commonly known as the ‘policing purpose’. These include:
We also process personal data for purposes in support of the policing purpose. These include:
We process information relating to a range of individuals, including:
We may process personal data relating to or consisting of the following categories:
The types of personal data we process will vary depending on the purpose. We aim to process the minimum amount of personal data necessary for the relevant purpose. You should not assume that we hold personal data in all of the categories identified for every person whose personal data we process.
The categories identified may not be complete as occasionally we may gather personal data in other categories for the purposes described.
Where you provide your information within an online form on our website, you may provide some information which will not be used by Cheshire Constabulary. This is because the forms have been developed nationally for all UK Police forces and some forces require more information than others to fulfil their purposes. Cheshire Constabulary will only extract the information which is required from these forms to fulfil our purposes.
See the Covid-19 privacy notice for more information about how we may seek to collect and hold additional information about you in relation to the challenges we are all facing during the Coronavirus pandemic.
We collect personal data from a variety of sources, including:
Where we process personal data for the purposes of 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 our legal basis is that it is necessary for a task which is carried out for the law enforcement purposes. This task will be necessary for the performance of a function, power or duty conferred by an enactment.
Where we process personal data for other non-law enforcement purposes our legal basis for processing will vary depending on the circumstances. Ordinarily, the relevant legal basis is that the processing is:
and on occasion
Please see our policy which explains the lawful conditions we rely on when processing sensitive, special category and criminal offence data relating to people. This policy also outlines how we ensure this type of data is safeguarded in compliance with the DPA.
We take the security of all personal data under our control seriously. We comply with our legal obligations regarding security, relevant parts of the ISO27001 Information Security Standard, and where appropriate the College of Policing Authorised Professional Practice guidance on Information Assurance.
We ensure that appropriate policy, training, technical and procedural measures are in place, including audit and inspection, to protect our manual and electronic information systems from data loss and misuse. We only permit access when there is a legitimate reason and under strict guidelines on what use may be made of any personal data contained within them. We continuously manage and enhance our compliance with relevant standards and guidance to achieve adequate and up-to-date personal data security.
We may disclose personal data to a wide variety of recipients in any part of the world (including outside of the United Kingdom and the European Economic Area), including to those from whom we originally obtain personal data. Recipients may include:
We decide on disclosure case-by-case, disclosing only the personal information that is necessary and proportionate to a specific purpose and with appropriate controls and safeguards in place.
Where you have provided your personal data to us for the purposes of the police constable recruitment process, your data, including biographical monitoring information, will be shared with the College of Policing.
It will be stored on their secure network or within their Assessment Information Management System (AIMS). From this information, your name, email address and candidate reference number will be uploaded to the new online assessment platform for constable recruitment and shared with the third party provider hosting the system in order to progress your application virtually.
Because of the way the website is set up, all completed online forms are automatically sent securely to the central police IT team responsible for delivery of the National Police Chiefs' Council Digital Policing Portfolio, as well as us.
If we make disclosures outside of the United Kingdom and the European Economic Area to locations which do not have as extensive data protection laws we ensure that there are appropriate safeguards in place to certify that the personal data disclosed is adequately protected.
We keep your personal data for as long as necessary for the particular purpose or purposes for which we hold it.
If we place any of your personal data on the Police National Computer it will be retained, reviewed and deleted in accordance with agreed national retention periods, which are subject to periodic change.
We will retain records containing personal data relating to criminal investigations, intelligence, public protection, and custody in accordance with the College of Policing guidance on the Management of Police Information.
The College of Policing provides the minimum standards for the retention and disposal most of police records. Other records containing personal information relating to intelligence, custody, crime, firearms, child abuse investigations, domestic violence will be retained in accordance with the Management of Police Information 2006. Records held by the Professional Standards Department (PSD) are held in accordance with the PSD Retention Schedule.
Under the Act you have a number of rights that you can exercise in relation to personal data we process about you. You do not have to pay to exercise your rights
We sometimes need to request specific information from you to help us confirm your identity and ensure your authority to exercise the rights.
Right of Access: You can request access to the personal data we hold about you free of charge. Normally we will provide it within one month of receipt of your request unless an exemption applies. You can request access to the personal data we hold about you using the contact details in this privacy notice.
Right to be Informed: You are entitled to be told how we obtain your personal information and how we use, retain, and store it, and who we share it with. This privacy notice gives you that information, as well as telling you what your rights are under the relevant laws.
Right to Rectification: If we hold personal data about you that is inaccurate or incomplete you have the right to ask us to correct it. You can ask us to correct your personal data using the contact details in this privacy notice. We will reply to you within one month unless the request is complex.
Right to Request Erasure: Under certain circumstances you have the right to ask us to delete your personal data to prevent its continued processing where there is no justification for us to retain it. The circumstances most likely to apply are:
The right of erasure does not apply if we are processing your personal data:
If you want to ask us to delete your personal data you can do so using the contact details in this privacy notice. We will respond to you within one month unless the request is complex.
Right to Restrict Processing: Under certain circumstances you have the right to ask us to restrict the processing of your personal data. This may be in cases where:
Where it relates to law enforcement and we are unable to ascertain its accuracy. You can ask us to restrict processing of your personal data using the contact details in this privacy notice.
Right to Data Portability: You have the right to obtain and reuse your personal information for your own purposes, transferring it from one environment to another. This right only applies to personal data provided by an individual for non-law enforcement purposes, and where the processing is based on their consent or for the performance of a contract and when that processing is carried out by automated means. If you wish to discuss this right, you can do so using the contact details in this privacy notice.
Right to Object: You have the right to object to:
Any objection must be on grounds relating to your particular situation. If you want to exercise your right to object you can do so using the contact details in this privacy notice.
Rights related to automated decision making and profiling: You have the right not to be subject to a decision when it is based on solely automated processing (including profiling) and which produces a legal effect or similar significant effect on you. This right does not apply if the decision is authorised by law, is necessary for entering into or performance of a contract, or is based on your consent. We are unlikely to carry out automated decision making because our processes involve some type of human interaction and decision-making. Profiling is any form of automated processing of personal data intended to evaluate certain personal aspects about you to predict things about you such as your behaviour, interests, movements or performance at work. We do not currently carry out automated profiling. If you have any questions about automated decision-making or automated profiling you can raise them using the contact details in this privacy notice.
This applies to anyone submitting information to us when reporting driving offences. It also applies to individuals captured on photographic or video evidence.
Dash cam use (or helmet/bike cams etc) means the public are capturing motoring offences including careless or dangerous driving and people being distracted whilst using smart devices.
The Roads Policing Unit are responsible for the receipt, recording and investigation of driving offences. Where appropriate, we seek to educate or prosecute offenders if necessary using the footage and testimony from the public.
The Road Traffic Act 1988 provides legal obligations on both the police and drivers. For drivers, this can include certain duties after collisions and the duty to give driver identity details. For the police, this can include the service of a notice of intended prosecution (NIP). Where we intend to prosecute an individual, these cases will be necessary for law enforcement purposes and in compliance with the Criminal Procedure and Investigations Act 1996.
We are likely to use a wide variety of information about people to facilitate this process. Examples include names, dates of birth, gender, addresses, contact numbers and email addresses, sound and visual images, vehicle details, and any special measures for court appearances.
Reports will be made by witnesses (members of the public) who have captured an offence under the Road Traffic Act 1988. We may then obtain further information from police systems to enable us to identify the driver and consider further investigation.
We may pass personal information to other police forces, the Crown Prosecution Service, the courts and the defendant’s legal representative. We may also pass information to other enforcement agencies where required. However, the extent of disclosure will be limited to relevance and necessity.
The Roads Policing Unit store NIP compliance and non-course attendance for 8 months. Evidence which results in no further action is held for 31 days. Criminal investigations are held in accordance with the Management of Police Information retention rules. You can find further information in the NPCC Review Retention and Disposal Schedule.
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