Community Safety and Integration - privacy notice

Derby City Council is the local government unitary authority for Derby city. Our address is the Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640000 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information, for example your name and address, or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Details of information obtained from third parties

We receive information, referrals and advice, which include personal data, from a wide range of partners including: 

• Other Council Departments, such as Children’s Services, Adult Social Care, Public Protection and Revenue Benefits and Exchequer Services (this list is not exhaustive)
• CCTV recordings
• Department for Work and Pensions
• Department of Education
• Derby Homes
• Elected members
• Employers
• HM Revenues and Customs
• Home Office
• Landlords, agents and appointees
• Medical practitioners
• National Asylum Support Service
• Other local authorities
• Our contracted service providers' records and their available datasets / repositories
• Police
• Prison Service
• Schools
• Any other Government Departments, organisations and agencies as are appropriate
• Any relevant third parties as required to help prevent crime including private sector companies as allowed by law
• Anyone you give us permission to speak to on your behalf
• Anonymous sources, such as members of the public contacting the Council's Community Safety team to report suspected crimes and incidents activities

We do not routinely collect information from publicly accessible sources.

What is the lawful basis?

The legal basis for data processing we are relying on comes from Article 6 of the UK General Data Protection Regulations (UK GDPR). The following sections apply;

• Article 6(1)(c) Legal Obligation - Processing is necessary for compliance with a legal obligation to which the controller is subject;
• Article 6(1)(e) Public task - the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

We may also ask for your consent in certain circumstances in accordance with:

• Article 61(a) the data subject has given consent to the processing of his or her personal data for one or more specific purpose

We rely on the following conditions as per Article 9 (2) of the UK GDPR:

• (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes
• (g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject
• (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

If we have asked for your consent you will be able to opt out any time by emailing CommunitySafety@derby.gov.uk .

We process all information in accordance with our legal obligations and public tasks arising from the following provisions:

• Children Act 1989 (2004 updated)
• Care Act 2014
• Equality Act 2010
• Human Rights Act 1998
• Children and Families Act 2014
• Health and Social Care Act 2012
• Crime and Disorder Act 1998
• Criminal Justice Act 2003
• Modern Slavery Act 2015
• Counter Terrorism and Security Act 2015 - amended by the Counter Terrorism Border Security Act 2019
• Sentencing and Punishment of Offenders Act 2012
• Offender Management Act 2007   
• Education Act 2002
• Immigration and Asylum Act 1999
• The Anti-social behaviour Act 2003
• The Anti-social Crime & Policing Act 2014
• The Police & Criminal Evidence Act 1984
• Violent Crime Reduction Act 2006
• Regulation of Investigatory Powers Act 2000
• The Localism Act 2011
• The Environmental Protection Act 1990
• Housing Acts 1985, 1996 and 2004
• Homelessness Reduction Act 2018
• Domestic Abuse Act 2021 

How is your information used?

We collect this data to protect our communities from harm with the emphasis on the prevention of incidents and to protect and safeguard individuals vulnerable to exploitation. We have a duty to develop and implement strategies to:

• Prevent, detect, investigate and reduce crime and disorder
• Prevent and detect terrorism, radicalisation and extremism
• Prevent and detect Modern Slavery and Human Trafficking and protect victims of these crimes
• Prevent and detect Domestic Abuse, Sexual Violence, Violence Against Women and Girls and protect victims of these crimes
• Combat the misuse of drugs, alcohol and other substances
• Reduce re-offending in the area
• Instigate legal proceedings
• Safeguard and support vulnerable children and adults from exploitation

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

We may share your information in the following ways for the reasons detailed;

• Internally with other Council departments such as Social Care, Housing Standards, Licensing, Trading Standards, Benefits and Exchequer to safeguard and support vulnerable children and adults from exploitation and to take enforcement action
• We may share your information with statutory agencies in line with our legal obligations and/or in completion of our public tasks such as:
• information relating to suspected anti-social or criminal behaviour may be shared with the police and other enforcement agencies such as the Youth Offending Service, Probation Service and Ministry of Justice
• information relating to Prevent and the detection of terrorism, radicalisation and extremism may be shared with a number of agencies these include but are not limited to - Derbyshire Healthcare NHS Foundation Trust, National Probation Service, NHS Derbyshire Clinical Commissioning Group (CCG), NHS Mental Health Foundation Trust, CT Policing, East Midlands Special Operations Unit (EMSOU-SB), Southern Derbyshire Acute Hospitals NHS Trust, Forensic CAMHS – Birmingham NHS Foundation Trust, Derbyshire Constabulary, Derbyshire Community Health Services NHS Foundation Trust, National Offenders Management Service East Midlands (NOMS)
• information relating to Modern Slavery and Human Trafficking may be shared with – Derbyshire Constabulary, Gangmasters Labour Abuse Authority, HMRC, National Crime Agency, Derbyshire Fire and Rescue Service, UKVI Criminal Investigations
• information relating to Domestic Abuse, Sexual Violence, Violence Against Women and Girls may be shared with agencies such as Derbyshire Constabulary, other local statutory partners and the Home Office 
  information relating to asylum seekers and refugees accessing our services is shared with the Home Office to confirm immigration status or eligibility for services and may be shared with other local authorities (for instance, if someone moves from one area to another)
• we may need to work with other local authorities, external support services or other agencies, too depending on the services you require, such as Dept Work and Pensions, Derbyshire Constabulary, Derbyshire Community Health Services NHS Foundation Trust, Derbyshire County Council

Any sharing of data is undertaken using secure lines of communication or face to face where all parties present are part of; and compliant with Information Sharing Agreements. In some cases, we will share information with third parties who are not partner agencies but have an interest in the particular matter. In such a case, we will only share information that is necessary and will ensure that the data is handled confidentially and securely and in accordance with the data protection legislation.

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights in relation the personal data we process?

Access – you can request copies of any of your personal information that is held by the Council.

Rectification – you can ask us to correct any incorrect information.

Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.

Portability – you can ask us to transfer your personal data to different services or to you.

Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.

Right to prevent automatic decisions –.you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You should check and update your personal information through Employee Self-Service or by promptly informing us of any changes to the information we hold about you.

Under 13

If you are accessing online services and are under the age of 13, please get your parent/guardian's permission beforehand whenever you provide us with personal information.

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical/analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data, you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640000
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.