Privacy Notice

Introduction

The use and disclosure of personal data is governed in the United Kingdom by the Data Protection Act 2018 (the Act). Under the Act the Chief Constable of South Wales police is the data controller for the processing of any personal data by the force. In the rest of this privacy notice the Chief Constable of South Wales is referred to as we or us.

This privacy notice explains:

• how we collect, store, use, disclose, retain and destroy personal data through the South Wales Police website (those activities are also referred to as processing personal data)
• the steps we take to ensure personal data we process is protected properly
• the rights individuals have when we process their personal data.

We will treat information you provide to us in using this website in confidence and we will only disclose it to third parties where we are required to do so by law, or  in the circumstances set out in this privacy notice.

We gather information about site usage to help the development and improvement of services to the public, and to protect the integrity of our systems from malicious users. We also gather information through the various functions available on the site that allow you to provide us with information (such as online forms and the live-chat function) for the purposes described later in this privacy notice. At the moment this information consists of:

• information obtained by our content management system to examine what people are searching for, what they find, and occasions where no results are returned, and which does not identify individual users
• information provided by users through online forms (for purposes including crime reporting, crime reporting advice and information, anti-social behaviour reporting, 'Clare's Law' applications, road traffic incident reporting, and firearms licence applications) and live-chat functionality, which may identify individual users and other individuals depending on what information users enter (it is possible we will be able to access information you enter on an online form even if you do not submit it, because of the way the website is set up to automatically save part-complete forms periodically)
• statistical information obtained using Google Analytics which does not identify individual users
• your IP address and details of which browser you are using, which we record when you use our online forms
• your IP address, used to identify your location if you use any geo-location features on this website, and which we only use to show you relevant content, and which we do not store or share with third parties

What is personal data?

Personal data is any information we handle that relates to an identified or identifiable natural person. An 'identifiable natural person' is anyone who can be identified, directly or indirectly from information, including by reference to a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Our Contact Details and Data Protection Officer

Our Data Protection Team manages our data protection compliance. The Joint Data Protection Lead Officer for South Wales Police and Gwent Police can be contacted using the following details:

Data Protection Office
South Wales Police Headquarters
Cowbridge Road
Bridgend
CF31 3SU

Email: [email protected]

We take our data protection responsibilities seriously. We take great care to ensure we process your personal data properly to maintain your trust and confidence. You can contact our Data Protection Team or our Data Protection Officer if you have any questions or concerns about how we process your personal data.

Why do we process your personal data?

We have a legal duty to uphold the law, prevent crime, bring offenders to justice, and protect the public. To do this we process your personal information for carrying out a range of activities commonly known as the ‘policing purpose’. These include:

• preventing and detecting crime
• apprehending and prosecuting offenders
• protecting life and property
• preserving order
• maintaining law and order
• assisting the public
• safeguarding national security
• defending civil proceedings
• fulfilling any other police duties or responsibilities arising under common or statute law

We also process personal data for purposes in support of the policing purpose. These include:

• recruitment
• administration of current and former employees, contractors, and volunteers
• property and asset management
• financial management
• media relations management, complaints handling
• research, including surveys
• provision of educational programmes and support

Whose personal data do we process?

We process information relating to a range of individuals, including:

• members of the public
• victims of crime
• witnesses to crime
• people convicted of an offence
• people suspected of committing an offence
• complainants, correspondents and enquirers
• missing or vulnerable persons
• children
• advisors, consultants and other professional experts
• suppliers
• current and former employees, cadets, agents, temporary and casual workers, and volunteers
• representatives of individuals in this list, such as parents, other relatives, guardians, and people with power of attorney

What types of personal data do we process?

We may process personal data relating to or consisting of the following categories:

Personal data relating to individuals

This includes:

• contact details, such as telephone number, e-mail address
• unique identifiers such as driving licence number, national insurance number
• photographs
• family, lifestyle and social circumstances
• education and training details
• employment details
• financial details
• goods or services provided
• racial or ethnic origin (i)
• political opinions (i)
• religious or other beliefs of a similar nature (i)
• trade union membership (i)
• physical or mental health or condition (i)
• sexual life (i)
• offences and alleged offences (i)
• criminal proceedings, outcomes and sentences (i)
• biometric data, including images captured using Automated Facial Recognition, DNA and Fingerprints to uniquely identify an individual (i)
• sound and visual images, including photographs of staff and officers
• references to manual records or files
• information relating to safety and health
• complaint, incident, civil litigation and accident details
• downloads from mobile phones which support reasonable lines of enquiry in an investigation (i)

Special category data

Personal data marked with '(i)' above is classed as special category data. See our appropriate policy document for Part 2 processing for details of additional safeguards for processing special category data

Sensitive personal data

Additional safeguards for processing ‘special category data’ processed for a law enforcement purpose are provided in our appropriate policy document for Part 3 processing.  This includes data relating to criminal offences and penalties (including alleged offences), criminal proceedings and outcomes, opinions and assessment of officers in relation to individuals

The types of personal data we process will vary depending on the purpose. The above list is not exhaustive. We aim to process the minimum amount of personal data necessary for the relevant purpose. You should not assume that we hold personal data in all of the categories identified for every person whose personal data we process.

Where do we get the personal data we process?

We collect personal data from a variety of sources, including:

• individuals who visit the website and interact with it (including by filling in and submitting forms), and their relatives, guardians and other persons associated with them
• businesses (including security companies, and other supplies of goods and services) and other private sector organisations working with the police in anti-crime strategies
• voluntary sector organisations
• local authorities, national and local government departments and agencies (including the Home Office, HM Revenue and Customs, and private safeguarding agencies)
• other law enforcement agencies and bodies (including international ones)
• partner agencies involved in crime and disorder strategies
• legal representatives, prosecuting authorities, courts, and prisons
• licensing authorities
• approved organisations and people working with the police
• ombudsmen and regulatory bodies (including the Independent Police Complaints Commission, and His Majesty’s Inspectorate of Constabulary)
• auditors
• police and crime commissioners
• emergency services
• current, past or prospective employers of individuals
• healthcare, social and welfare advisers or practitioners
• education, training establishments and examining bodies
• business associates and other professional advisors
• our employees, agents, and other temporary and casual works
• persons making enquiries or complaints
• financial organisations and advisors, and credit reference agencies
• survey and research organisations
• trade, employer associations, and professional bodies
• the media
• our own CCTV systems and body worn cameras and our own technology such as live-time facial recognition

What is our lawful basis for processing personal data?

Where we process personal data for the policing purpose our legal basis for processing under the Data Protection Act 2018 is that it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. Our functions and the official authority vested in us are based in common law and supplemented by legislation such as the Police and Criminal Evidence Act 1984, the Police Act 1996, and the Police Reform Act 2002.

Where we process personal data relating to criminal convictions and offences, that processing is necessary for reasons of substantial public interest and involves the exercise of a function conferred on us by an enactment or rule of law. We have appropriate policy documents (as required under the Act) for that processing.

Where we process personal data for purposes other than the policing purpose our legal basis for processing will vary depending on the circumstances. Ordinarily, the relevant legal basis is that the processing is:

• necessary for performing a contract
• necessary to comply with a legal obligation (including employment law)
• in the public interest or for official purposes
• necessary to protect your vital interests

and, on occasion:

• with your explicit consent (which you may withdraw at any time)

What security measures do we use when processing your personal data?

We take the security of all personal data under our control seriously. We comply with our legal obligations regarding security, relevant parts of the ISO27001 Information Security Standard, and where appropriate the College of Policing guidance on Information Assurance.

We ensure that appropriate policies, training, technical and procedural measures are in place, including audit and inspection, to protect our manual and electronic information systems from data loss and misuse. We only permit access when there is a legitimate reason and under strict guidelines on what use may be made of any personal data contained within them. We continuously manage and enhance our compliance with relevant standards and guidance to achieve adequate and up-to-date personal data security.

Who do we share your personal data with?

We may disclose personal data to a wide variety of recipients in any part of the world (including outside of the United Kingdom and the European Economic Area), including to those from whom we originally obtain personal data. Recipients may include:

• law enforcement agencies
• businesses (including security companies, and other supplies of goods and services) and other private sector organisations working with the police in anti-crime strategies
• partner agencies working on crime reduction or safeguarding initiatives
• agencies and other third parties concerned with the safeguarding of and investigation relating to international and domestic national security
• local authorities, national and local government departments and agencies (including the Home Office, HM Revenue and Customs, the Serious Fraud Office, the Child Maintenance Service, the National Fraud Initiative, and private safeguarding agencies)
• police and crime ommissioners
• legal representatives, prosecuting authorities, courts, prisons, and other partners in the criminal justice arena
• victim support service providers
• bodies or individuals working on our behalf
• authorities involved in offender management
• ombudsmen, auditors and regulatory authorities
• other bodies or individuals where required under any legislation, rule of law, or court order
• other bodies or individuals where necessary to prevent harm to individuals
• the media

Disclosures are considered by a case-by-case basis, ensuring that only the personal information which is necessary and proportionate to a specific lawful purpose is disclosed with appropriate controls and safeguards in place.

All completed online forms submitted to South Wales Police are automatically sent securely to the central police IT team responsible for delivery of the National Police Chiefs' Council Digital Policing Portfolio.

How long do we retain your personal data?

We keep your personal data for as long as necessary for the particular purpose or purposes for which we hold it.

Personal data held on the Police National Computer will be retained, reviewed and deleted in accordance with agreed national retention periods, which are subject to periodic change.

We will retain records containing personal data relating to criminal investigations, intelligence, public protection, and custody in accordance with the College of Policing guidance on the Management of Police Information.

What are your rights over your personal data we process, and how can you exercise them?

Under the Act you have a number of rights that you can exercise in relation to the personal data we process about you. You do not have to pay to exercise your rights (other than a reasonable fee if a request for access is clearly unfounded or excessive but we agree to fulfil it anyway).

Please note that there will be circumstances in which we are unable to comply with your request to exercise your rights due to the nature of the processing taking place. We will endeavour to fulfil rights requests whenever it is possible to do so.

We will respond to your rights request within 1 month of receiving it although we may sometimes need to request specific information from you to help us confirm your identity and ensure your authority to exercise the rights or to be able to locate the personal data that you are asking about. For requests which concern general processing (not law enforcement) and additional information is needed or the request is complex and cannot be fulfilled within 1 month we will inform you of this and endeavour to provide a full response within a further 2 months.

Right of Access: You can request access to the personal data we hold about you free of charge. You can request access to the personal data we hold about you using the contact details in this privacy notice.

Right to be Informed: You are entitled to be told whether we are processing your personal data, how we obtain it, how we use, retain, and store it, and who we share it with. This privacy notice seeks to provide that information, in addition to explaining what your rights are.

Right to Rectification: If we hold personal data about you that is inaccurate or incomplete you have the right to ask us to correct it. You can ask us to correct your personal data using the contact details in this privacy notice.

Right to Request Erasure: Under certain circumstances you have the right to ask us to delete your personal data to prevent its continued processing where there is no justification for us to retain it. The circumstances most likely to apply are:

• where holding your personal data is no longer necessary in relation to the purpose for which we originally collected and processed it
• where you withdraw your consent to us holding your personal data if we are relying on your consent to hold it

The right of erasure does not apply if we are processing your personal data:

• 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 want to ask us to delete your personal data you can do so using the contact details in this privacy notice.

Right to Restrict Processing: Under certain circumstances you have the right to ask us to restrict the processing of your personal data. This may be in cases where:

• you are contesting the accuracy your personal data while we are verifying the accuracy
• your information has been unlawfully processed and you oppose its erasure and have requested a restriction instead
• where we no longer require your personal data but you need it to establish, exercise or defend a legal claim and do not want us to delete it

You can ask us to restrict processing of your personal data using the contact details in this privacy notice.

Right to Data Portability: You have the right to obtain and reuse your personal information for your own purposes, transferring it from one environment to another. This right only applies to personal data 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. If you wish to discuss this right, you can do so using the contact details in this privacy notice.

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
• direct marketing

Any objection must be on grounds relating to your particular situation. If you want to exercise your right to object you can do so using the contact details in this privacy notice.

Rights related to automated decision making and profiling: 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
• is based on your consent

We are unlikely to carry out automated decision making as our processes involve some type of human interaction and decision-making.

Profiling is 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 currently carry out automated profiling. If you have any questions about automated decision-making or automated profiling you can raise them using the contact details in this privacy notice.

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How you can complain

If you are unhappy with the way in which the force has handled your personal data you should contact the data protection team in the first instance as we may be able to resolve your issue.  If you are still unhappy the Information Commissioner's Office (ICO) regulates the processing of personal data. You can complain to the ICO if you are unhappy with how we have processed your personal data (please note they will have expected you to contact the force in the first instance).

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
Complain on the ICO website

Date of last update and changes

We last updated this privacy notice on 17 September 2021. We keep this privacy policy under regular review and update it annually or when there are any significant changes.