Law Enforcement Privacy Notice

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This privacy notice is designed to help you understand how the Council may process your personal data for law enforcement purposes.

This privacy notice supplements the key information in, and should be read alongside, the Council's corporate privacy notice.

Who are we?

The Council is responsible for delivering a wide range of public services and functions. This includes some law enforcement functions.

There are several departments across the Council that investigate and take enforcement action in line with our statutory duties. Examples include prosecutions for breaches of planning, licensing, environmental protection and anti-social behaviour laws.

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 the data protection laws.

Whose personal data do we process for law enforcement purposes?

Witnesses;
Individuals convicted of an offence;
Individuals suspected of committing an offence;
Intelligence sources;
Complainants, including information such as correspondence and enquiries;
Consultants and other professional experts;
Other members of the public.

What type of personal data do we process for law enforcement purposes?

Departments undertaking law enforcement activities may process a range of personal data. This may include:

Name
Address 
Contact details (postal address, telephone number and email address)
Date of birth
Employment details 
Financial details
Information relating to criminal activity, offences and alleged offences, investigations, criminal proceedings, outcomes, sentences and cautions
Physical identifiers 
Photographs
Sound and visual recordings

It may also include Special Categories of Personal Data.

Why do we process personal data for law enforcement purposes?

Departments undertaking law enforcement activities process personal data for the purposes of investigating alleged offences, compiling evidence and pursuing criminal proceedings.

Where do we get personal data processed for law enforcement purposes from?

Personal data may be obtained from a variety of sources, including:

Witnesses
Complainants
Consultants and other professional experts
Other members of the public
Police
Fire Service
HM Revenue and Customs
Licensing Authorities
Partner Agencies in crime and disorder strategies
New Forest District Council public CCTV systems

Who do we share personal data processed for law enforcement purposes with?

Personal data may be shared with:

Police and other law enforcement agencies
Fire Service
Licensing Authorities
Partner Agencies in crime and disorder strategies
Cabinet Office
HM Revenue and Customs
HM Courts and Tribunal Service
Serious Fraud Office
Legal representatives

Disclosures of personal information are considered on a case-by-case basis, using only the personal information appropriate to a specific purpose and circumstances, and with necessary controls in place.

What is the legal basis for using personal data for law enforcement purposes?

We rely on the following lawful basis to process personal data for law enforcement purposes:

Consent: You have given consent for us to process your personal data for a specific purpose.
Public Task: The processing is necessary for the Council to perform a task in the public interest or for its official functions with a basis in law.

The legislation that relates to our law enforcement purposes includes, but is not limited to:

Anti-Social Behaviour, Crime and Policing Act 2004
Bribery Act 2010
Building Act 1984
Caravan Sites and Control of Development Act 1960
Dangerous Dogs Act 1991
Environment Act 1995
Environmental Protection Act 1990
Fraud Act 2006
Hedgerow Regulations 1997
Housing Act 2004
Licensing Act 2003
Local Government (Miscellaneous Provisions) Act 1976
Local Government Act 1972
Local Government Finance Acts 1988 and 1992
Microchipping of Dogs (England) Regulations 2015
Planning (Hazardous Substances) Act 1990 Environmental Protection Act 1990
Planning (Listed Buildings and Conservation Areas) Act 1990
Planning and Compulsory Purchase Act 2004
Prevention of Social Housing Fraud Act 2013
Proceeds of Crime Act 2002
Scrap Metal Dealers Act 2013
The Council Tax Reduction Schemes (Detection of Fraud & Enforcement) Regulations 2013
Town and Country Planning Act 1990

We will have an appropriate policy document in place where we are processing your personal data for law enforcement purposes and that processing involves:

the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;
the processing of genetic data, or of biometric data, for the purpose of uniquely identifying an individual;
the processing of data concerning health;
the processing of data concerning an individual's sex life or sexual orientation.

This is known as sensitive processing.

Where we are undertaking sensitive processing we may rely on your consent for using your personal data in this way or we will make sure the processing is strictly necessary and meets a particular condition set out in the data protection laws.

Updates

This privacy notice and the corporate privacy notice are updated from time to time to take account of changes in our services, legal requirements and to make sure they are as transparent as possible, so please check back here for the current version. You can see when this privacy notice was last updated here: May 2023.