The Chief Constable, Giles York is defined as the ‘Data Controller’ for the purposes of the legislation and is required to ensure Sussex Police handles all personal information in accordance with that legislation.
Sussex Police takes that responsibility very seriously and takes great care to ensure your personal data is processed appropriately to maintain your trust and confidence in the police.
Why do we process personal information?
Sussex Police have a statutory duty to uphold the law, prevent crime, bring offenders to justice and protect the public. To do this it is necessary for us to process your personal information under the lawful basis of ‘public interest’ and ‘official authority’. This means we process your personal information for carrying out tasks that are laid down in law and collectively described as the administration of justice.
We process some personal information under the lawful basis of ‘legal obligation’ for example when we provide salary information for tax purposes, or use ethnicity data for equality legislation purposes.
Some personnel information is used by us under the lawful basis of ‘legitimate interests’ when processing information to manage the human resources of all our employees such as their professional development, and to protect our network and information security such as vetting.
We also have a public interest, legal obligation or legitimate interest to carry out user satisfaction surveys to evaluate our performance and effectiveness and improve the service we deliver. We may contact you if you have been a victim of crime or reported an incident to us to ask for your opinion about the service you have received. Sometimes, like many police services, we my use a private company to undertake these surveys. The information we obtain from the surveys are used wherever possible to help us improve. Police will only use the minimum amount of personal information necessary to carry out a particular activity, such as your name and address and the offence type.
We obtain, hold, use and disclose personal information for these purposes:
For the administration of justice, which includes the prevention and detection of crime
Apprehension and prosecution of offenders
Protecting life and property
Maintenance of law and order
Assisting the public in accordance with force policies and procedures
Defending civil proceedings
Any duty or responsibility of the police arising from common or statute law
The provision of services to support the administration of justice, our legal obligations and legitimate interests – this includes:
occupational health and welfare
management of public relations, journalism, advertising and media
management of finance
accounting and auditing
vehicle and transport management
payroll, pensions and benefits management; management of complaints
management of information technology systems
legal services and defending ourselves in civil proceedings
licensing and registration
research, including customer surveys
sports and recreation
management of safety and health
system testing and security
Whose personal information do we hold?
In order to carry out the purposes described above Sussex Police may obtain, use and disclose personal information relating to a wide variety of individuals including (see full Privacy Notice details):
Our staff, officers, volunteers, agents, temporary and casual workers
Complainants, correspondents, litigants and enquirers
Relatives, guardians and associates of the individual concerned
Advisers, consultants and other professional experts
Offenders and suspected offenders
Individuals passing information to Sussex Police
Victims (current, past and potential)
Former and potential members of staff, pensioners and beneficiaries
Other individuals necessarily identified in the course of our police enquiries and activity
We will use the minimum amount of personal information necessary to fulfil a particular purpose or purposes. Personal information can be information that is held on a computer, in a paper record such as a file or images, but it can also include other types of electronically held information such as CCTV images.
What type of personal information is it?
The type of personal information we hold will vary depending upon the reason you have had contact with us but it may include (see full privacy notice details):
Your name and address
Fingerprints, DNA or photograph
Family, lifestyle and social circumstances
Education and training details
Goods or services provided
Racial or ethnic origin
Religious or other beliefs of a similar nature
Trade union membership
Physical or mental health or condition
Offences and alleged offences
Criminal proceedings, outcomes and sentences
Physical identifiers including DNA, fingerprints and other genetic samples
Sound and visual images
Licenses or permits held
References to manual records or files
Information relating to safety and health
Complaint, incident, civil litigation and accident details
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 but it can also include other types of electronically held information such as CCTV or Body Worn Video.
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:
Other law enforcement agencies
HM Revenue and Customs
International law enforcement agencies and bodies
Licensing authorities; Legal representatives
Prisons and Young Offender Institutions
Partner agencies involved in crime and disorder strategies
Private sector organisations working with the police in anti-crime strategies
Voluntary sector organisations
Approved organisations and people working with the police
Independent Office for Police Conduct
Her Majesty’s Inspectorate of Constabulary
Police and Crime Commissioners
Central government, governmental agencies and departments
Emergency services such as the Fire Brigade, National Health Service or Ambulance
Relatives, guardians or other persons associated with the individual
Current, past or prospective employers of the individual
Healthcare, social and welfare advisers or practitioners
Education, training establishments and examining bodies
Business associates and other professional advisors
Employees, officers and agents of Sussex Police
Suppliers, providers of goods or services
Persons making an enquiry or complaint
Financial organisations and advisors
Credit reference agencies
Survey and research organisations
Trade union, staff associations and professional bodies
Voluntary and charitable organisations
Ombudsmen and regulatory authorities
Data Processors working on behalf of Sussex Police
CCTV systems; Body Worn Video and from correspondence sent to us
There may be times where we obtain personal information from sources such as other police services and our own police systems such as the Crime Reporting System known as Niche RMS.
How do we handle your personal information?
We handle personal information according to the requirements of the Data Protection Act 2018 and General Data Protection Regulations (GDPR). Your personal information held on our systems and in our files is secure and is accessed by our staff, police officers, contractors working on our behalf, outsourced providers in accordance with their contract and volunteers when required to do so for a lawful purpose.
We will ensure that your personal information is handled fairly and lawfully with appropriate justification. We will only use your information for lawful purposes in connection with our requirement to uphold the law, prevent crime, bring offenders to justice, protect the public, manage our personnel and protect our network infrastructure and information security.
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, adequacy, not excessive is kept as up to date as possible and is protected appropriately. We will regularly review to ensure it is still required and is lawful for us to continue to retain it and when no longer required we will securely destroy it. We will respect your individual rights under the Act.
Who do we share your personal information with?
To carry out the purposes described Sussex Police may disclose personal information to a wide variety of recipients in any part of the world, including those from whom personal data is obtained:
Disclosures to other law enforcement agencies (including international agencies)
Partner agencies working on crime reduction initiatives
Partners in the Criminal Justice arena
To bodies or individuals working on our behalf such as IT contractors or survey organisations
Authorities involved in offender management
Ombudsmen and regulatory authorities
International agencies concerned with the safeguarding of international and domestic national security
Third parties involved with investigations relating to the safeguarding of national security
To other bodies or individuals where necessary to prevent harm to individuals
Disclosures of personal information are made on a case-by-case basis, using the personal information appropriate to a specific purpose and circumstances, and with necessary controls in place.
Some of the bodies or individuals to which we may disclose personal information are situated outside of the European Union – some of which do not have laws that protect data protection rights as extensively as in the United Kingdom. If we do transfer personal data to such territories, we undertake to ensure that there are appropriate safeguards in place to certify that it is adequately protected as required by the legislation.
Sussex Police will also disclose personal information to other bodies or individuals when required to do so by, or under, any act of legislation, by any rule of law, and by court order. This may include:
Serious Fraud Office
Child Maintenance Service
National Fraud Initiative
General Medical Council
Nursing and Midwifery Council
Sussex Police 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?
Sussex Police 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 the College of Policing Information Assurance authorised practice, and relevant parts of the ISO27001 Information Security Standard.
We will ensure that appropriate policy, training, technical and procedural measures are in place. These will include, but are not limited to, ensuring our buildings are secure and protected by adequate physical means. The areas restricted to our police officers and staff are only accessible by those holding the appropriate identification, and have legitimate reasons for entry. We carry out audits of our buildings security to ensure they are secure. 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 what use may be made of any personal information contained within them. These procedures are reviewed regularly to ensure our security of information is kept up-to-date.
What are my rights?
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
The legislation allows you to request access to your personal information free of charge and requires us to provide you with access to it normally within one month of receipt of your request unless an exemption from doing so can be lawfully applied. Should you wish to request access to the personal information we may be holding about you please contact the Data Protection Officer (see bottom of this page). Any disclosure under this section of the act will be limited to your personal information and therefore any third party information will be redacted.
Right to be informed
This places an obligation upon Sussex Police 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 to rectification
If the personal information Sussex Police is holding about you is inaccurate or incomplete you have the right to request us to correct it. If you need to tell us your information is not correct, you should raise your concern by contacting our Data Protection Officer using the details below. We will respond to you within one month unless the request for amendment is complex.
Right to erasure – also known as ‘the right to be forgotten’
Under certain circumstances, you have the right to have your personal information deleted to prevent its continued processing where there is no justification for us to retain it. Circumstances that are likely to require us to delete your information include:
where your personal information is no longer necessary in relation to the purpose for which it was originally collected and processed
when an individual withdraws consent if we are relying on your consent to hold it
if we are relying on the legitimate interests as our basis for processing and you have objected and there is no overriding reason for us to continue processing
the personal data was unlawfully processed by us in breach of the first principle of the legislation
the personal information has to be deleted to comply with a legal obligation
The right of erasure does not apply if your personal information is being processed by us:
to comply with a legal obligation
for the performance of a task carried out in the public interest or in the exercise of official authority
for the establishment, exercise or defence of legal claims
to exercise the right of freedom of expression and information
for archiving purposes in the public interest, scientific research, historical research or statistical purposes where erasure is likely to make it impossible to carry out or seriously impair that processing
If you wish to request your information is deleted you should raise a request by contacting our data protection officer whose contact information is below. 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 information. This may be in cases where:
you are contesting the accuracy your information and while we are verifying the accuracy of it
your information has been unlawfully processed and you oppose its erasure and have requested a restriction instead
you have objected to us processing your information under article 21(1) and we are considering whether our legitimate grounds override those of yourself
where Sussex Police no longer requires your information but you need it to establish, exercise or defend a legal claim
Should you wish to request access to the personal information we may be holding about you please contact the Data Protection Officer (see bottom of this page). Any disclosure under this section of the act will be limited to your personal information and therefore any third party information will be redacted.
Right to data portability
The right to data portability allows you to obtain and reuse your personal information for your own purposes from one environment to another.
This right only applies to personal information provided by an individual, 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.
The processing of personal information within Sussex Police is necessary for the purposes we have described as the basis of public interest and official authority and are required by statute to uphold the law, prevent crime, bring offenders to justice and protect the public. Please note article 20(3) and Recital 68 say this right shall not apply to processing necessary for the performance of a task carried out in the public interest or in exercise of official authority.
Right to object
You have the right to object to:
processing based on legitimate interests or performance of a task in the public interest and or exercise of official authority
processing of your information for scientific and historical research and statistics
Any objection must be on grounds relating to your particular situation. Should you wish to request access to the personal information we may be holding about you please contact the Data Protection Officer (see bottom of this page). Any disclosure under this section of the act will be limited to your personal information and therefore any third party information will be redacted. Where article 21(6) processing of personal information for research or statistical purposes is necessary for the performance of a task carried out for reasons of public interest we are not required to comply with an objection to the processing. An example of this is crime mapping where we use information to identify areas of specific criminality.
Rights related to automated decision making and profiling
Under the legislation 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. Sussex Police is unlikely to carry out automated decision making because our processes involve some type of human interaction and decision making. In the legislation profiling has been described as 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 carry out automated profiling. Should you wish to request access to the personal information we may be holding about you please contact the Data Protection Officer (see bottom of this page). Any disclosure under this section of the act will be limited to your personal information and therefore any third party information will be redacted.
How long will you keep my personal information?
Sussex Police keeps your personal information as long as is necessary for the particular purpose or purposes for which it is held. Please see the retention schedule on this page.
Other records that contain your personal information relating to criminal investigations; digital-media; custody; contracts; firearms; employment; domestic violence are retained in accordance with the College of Policing guidance on the Management of Police Information and the Retention and Disposal Schedule (please see the document below). In broad terms these are structured according to the offence type or category, i.e serious offences against a person, firearm licences or staff administration records.
Monitoring of communications
Sussex Police may monitor or record and retain telephone calls, texts, emails and other electronic communications to and from the force in order to deter, prevent and detect inappropriate or criminal activity, to ensure security, and to assist the purposes we have described. Sussex Police does not place a pre-recorded ‘privacy notice’ on telephone lines that may receive emergency calls (including misdirected ones) because of the associated risk of harm that may be caused through the delay in response to the call. You may view it on our website at any time or ask for a copy by contacting our Data Protection Officer (see bottom of this page).
Management of police information (MoPI) for retention
Police forces have a duty to obtain and use a wide variety of information (including personal information), in order to discharge their responsibilities effectively. They need the support and cooperation of the public in doing so. The principles of management of police information (MoPI) provide a way of balancing proportionality and necessity that are at the heart of effective police information management. They also highlight the issues that need to be considered in order to comply with the law and manage risk associated with police information. The responsibility for the management and use of information within the police service rests with the chief officer of the police force which owns the information. Data in Sussex Police is held using the MoPI guidelines, the retention schedule used by both Forces can be found in our Retention Schedule 2018.
If you have any concerns about how Sussex Police has handled your personal information you should contact our Data Protection Officer, Marcus Potter:
Data Protection Officer Sussex Police Headquarters Church Lane Lewes East Sussex BN7 2DZ
If you want to raise a concern with the supervisory authority
The information commissioner is the independent authority responsible within the UK for ensuring we comply with data protection legislation. If you have a concern about how we have used your personal information or you believe you have been adversely affected by our handling of your data you may wish to contact them using the information below:
The information commissioner’s office Wycliffe House Wilmslow Cheshire SK9 5AF
Further information about the ICO can be found here. The data controller is registered with the ICO under the reference Z4895085, which is renewed annually.
Changes to our privacy notice
We keep our privacy notice under regular review. This privacy notice was last updated on 13 November 2018. If we plan to use your personal information for a new purpose we will update our privacy notice and communicate the changes before we start any new processing.