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.