Data Protection

Our Privacy Notice explains how the Avon and Somerset Constabulary, obtains, holds, uses and discloses information about people – their personal information, the steps we take to ensure that it is protected, and also describes the rights individuals have in regard to their personal information handled by the Constabulary.

The use and disclosure of personal information is governed in the United Kingdom by the General Data Protection Regulation and the Data Protection Act.

The Constabulary’s Chief Constable is registered with the Information Commissioner as a data controller for the purposes of the Act. As such he is obliged to ensure that the Constabulary handles all personal information in accordance with the Act.

The Constabulary takes that responsibility very seriously and takes great care to ensure that personal information is handled appropriately in order to secure and maintain individuals trust and confidence in the force.

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, go to our Access to Your Personal Information page.

This places an obligation upon Avon and Somerset Constabulary to tell you how we obtain your personal information and describe how we will use, retain, store and who we may share it with.

Our Privacy Notice provides details of how we will use your personal information Privacy Notice.

If you believe the  personal information Avon and Somerset Constabulary 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, contact the Data Protection Officer.

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.

Some of the 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 and such consent is the only lawful basis to which it is being processed.   (There are limited situations where the Constabulary would only be relying on consent for lawful processing)
• If we are relying on legitimate interests as the basis for processing and you have objected and where there is no overriding basis for us to continue processing
• 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 (Law Enforcement Processing)
• 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.

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 and we are considering whether our legitimate grounds override those of yourself
• Where Avon and Somerset Constabulary no longer requires your information but you need it to establish, exercise or defend a legal claim

If you wish make a request  to restrict the processing of your information you should raise your concern by contacting our Data Protection Officer.

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.

This right does not apply to processing necessary for the performance of a task carried out in the public interest or in exercise of official authority.

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
• Direct marketing

Any objection must be on grounds relating to your particular situation. Should you wish to object you can raise your concern by contacting our Data Protection Officer.

Where 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.

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.

Avon and Somerset Constabulary 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.

If you have any concerns about automated decision making or automated profiling you should contact our Data Protection Officer.

Yes, we do have a data protection policy.

The Information Commissioner Office (ICO) is the UK’s the independent supervisory 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 can contact them:

• by email – casework@ico.org.uk

• by phone – call 0303 123 1113

• by post –
  The Information Commissioner’s Office
  Wycliffe House
  Wilmslow
  Cheshire
  SK9 5AF

Further information can be found by visiting the Information Commissioner’s Office website.