What personal information do we hold?
If you contact the Office of the Police and Crime Commissioner (OPCC) with a query or to make a complaint about the Chief Constable, the PCC or OPCC staff, you may give us the following:
- Identity data: name, gender, age, marital status, nationality;
- Contact details: address, email, telephone number;
- Family information: about your family and dependents;
- Special category data: racial or ethnic origin, mental and physical health, details of injuries or medication/treatment, political or religious beliefs, trade union affiliation, genetic data and information about your sexual life or orientation.
How we do collect your personal information?
We collect data when you correspond with us. This may be by post, telephone or email, on social media, in an online form or in another way.
Why do we use your personal data?
The OPCC uses personal information to respond to queries or investigate complaints. We keep a record of information for monitoring purposes.
What is the legal basis for our use of your personal information?
The OPCC is a public authority. It has certain powers and responsibilities. Therefore, we process information when carrying out official duties and/or performing tasks in the public interest. We rely on this when processing your personal information after receiving general correspondence and/or complaints about OPCC staff.
The Police Reform & Social Responsibility Act 2011 and the Police Reform Act 2002 set out our legal duty In relation to processing complaints about the Chief Constable.
In relation to processing complaints against the PCC, the Police and Crime Panel delegate authority to the Chief Executive and Monitoring Officer. She initially handles complaints about the PCC including complaints about conduct and/or are serious complaints of a criminal nature.
The Chief Executive may keep and process personal data if a complaint is made. However, information must be passed to the Police and Crime Panel, who deal with these matters. This legal duty can be found in the Elected Local Policing Bodies (Complaints and Misconduct) Regulations 2012.
Why do we use special category data?
The OPCC may sometimes process data about you which is sensitive. This is known as special category data, (as detailed above). It requires higher levels of protection. However, we must have further justification for collecting, storing and using it.
We only process special category data when investigating a query or complaint on the basis of the following:
- You have provided explicit written consent; or
- It is necessary for reasons of substantial public interest; or
- It is necessary to establish, exercise or defend a legal claim; or
- You have made the information public; or
- It is necessary to protect your interests; or
- It is necessary to archive in the public interest or for scientific or historical research purposes or statistical purposes.
The OPCC may need to ask you for written consent so we can process certain types of sensitive data. In these circumstances, you will be given full details of the data required and why it is needed. This will allow you to consider whether you want to give your consent.
How do we handle your personal information?
We handle your personal information according to Part 2 of the UK Data Protection Act 2018. The Act applies the EU’s General Data Protection Regulation (GDPR) standards to processing data considered to be ‘general data’.
The OPCC holds your data securely on computers or in physical files. Only our staff, partners, contractors and volunteers can access your data when required to do so for a lawful purpose.
We commit to ensuring personal and sensitive information is accurate, up to date and used only for the purposes intended. We also protect it from inappropriate access.
The OPCC regularly reviews personal information and assesses whether it is lawful to continue to keep it. When your information is no longer required or there is no longer a lawful reason for processing it, we will safely destroy it.
We commit to ensuring you can find out about your personal information, be given access to it and have the right to challenge its accuracy.
Who do we share your personal information with?
We only share your personal data with third party organisations if necessary to resolve your query or complaint. We will ask for your consent before we do so.
The OPCC may share your data with the police. We will do this if we believe there is a legal obligation to do so or if we legitimately believe there is a safeguarding concern.
How do we keep your personal information safe?
The OPCC takes the security of your personal information very seriously.
We use a variety of security measures, including encryption and access controls. This is to help protect the security, integrity and availability of your information. We work hard to maintain physical, electronic and procedural safeguards to protect your information in line with the Act.
Areas where we store personal information are restricted to our staff and partner agency staff and are only accessible to those holding appropriate identification.
How long will you keep my personal information?
The OPCC keeps your personal information for as long as necessary for the purposes for which it is held.
Records with personal information will be managed in accordance with the OPCC’s Retention Schedule.