1st September 2020
Version 1.0

Specific Privacy Notice

Operation Encompass

Aim: To provide school safeguarding leads with information relating to children that have been involved in, or witnessed, a domestic abuse incident. The provision of this information is to ensure that the appropriate care and welfare is in place for the child whilst they are at school.

Introduction

This Specific Privacy Notice has been created to make it easier for you to understand what personal data Essex Police processes about you, how and why it will be used in connection with [add title of processing operation/project/initiative]. It is a requirement of the General Data Protection Regulation (GDPR).

It is subordinate to, and should be read in conjunction with, the force’s high-level Privacy Notice.

The high-level Privacy Notice provides you with complete details of the rights you have relating to the personal data we hold about you now and any personal data we might collect about you in the future.

If you require this Specific Privacy Notice in Braille or in another language please contact the Force’s Data Protection Officer (contact details below).

Privacy Information

Who is the Controller (the person who determines the purpose and means by which your personal data is processed) and what are their contact details?

The Controller is:

Chief Constable of Essex Police
Essex Police HQ
PO Box 2
Chelmsford
CM2 6DA

DPA Article 13(1)(a) and Article 14(1)(a)

What are the contact details of Essex Police’s Data Protection Officer?

Data Protection Officer
Essex Police HQ,
PO Box 2
Chelmsford
CM2 6DA
Email: dpo@essex.police.uk

DPA Article 13(1)(b) and Article 14(1)(b)

For what purpose(s) is my personal data intended to be processed by Essex Police?

To provide school safeguarding leads (‘key adults’) with information relating to children that have been involved in, or witnessed, a domestic abuse incident. The provision of this information is to ensure that the appropriate care and welfare is in place for the child whilst they are at school.

DPA Article 13(1)(c)

What personal data of mine will be processed by Essex Police?

Essex Police will collect and process the following personal data:

Operation Encompass Referral

Essex Police attended a domestic abuse incident, in which a pupil of your school was:

  • Present Y/N
  • Usually resides at the premises Y/N
  • Resides with one of the involved parties Y/N
  • Time/Date of incident    
  • Time date of police attendance   
  • Essex Police reference
  • Childs name and d.o.b    
  • Relationship between child and involved parties
  • Did the child witness the incident Y/N
  • Did police talk to the child  Y/N

How will my personal data be processed by Essex Police?

Essex Police will process your personal data in the following ways:

  • Referral form is sent via secure* email to child’s school
  • Copy of referral form held on Essex Police systems (Athena in accordance with relevant policies and procedures).
  • Copy of referral form is held by school (in accordance with their policies and procedures).

*workaround exists where secure email is not available.

What is Essex Police’s legal basis for processing my personal data?

The lawful basis for sharing is that it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority (Article 6(e) GDPR). The processing is strictly necessary and applies to safeguarding children and individuals at risk and is in the substantial public interest for the purpose of safeguarding children (DPA 2018, Sch.1, Part 2, S.18).

DPA Article 13(1)(c) and Article 14(1)(c)

If my personal data is obtained by Essex Police from someone else what are the categories of personal data collected?

See section 4

DPA Article 14(1)(d)

Who will my personal data be disclosed to by Essex Police?

Relevant school, within the pan-Essex Local Authorities (Essex County Council, Thurrock Borough Council and Southend-on-Sea Borough Council)

DPA Article 13(1)(e)

Does Essex Police intend to transfer my personal data out of the U.K. or to an international organisation?

No

DPA Article 13(1)(f) and Article 14(1)(f)

If Essex Police intends to transfer my personal data out of the U.K. or to an international organisation what safeguards are there to protect my personal data?

N/A

DPA Article 13(1)(f) and Article 14(1)(f)

How long will my personal data be retained by Essex Police?

The referral form, and source personal data, will be held in accordance with Essex Police policies and procedures.

Records arising from the investigation of domestic abuse incidents and the management of initiatives aimed at assisting victims and reducing instances of domestic abuse” are retained for a minimum of date of creation plus 10 years. (Reference to: Criminal Procedure and Investigations Act 1986)

DPA Article 13(2)(a) and Article 14(2)(a)

What are my rights under the GDPR?

You have the following rights under the GDPR:

  • Right to be informed
  • Right of access
  • Right of erasure
  • Right to restriction of processing
  • Right to data portability
  • Right to object
  • Right not to be subject of automated decision-making

Full details of those rights and how to exercise them can be found in Essex Police’s high-level Privacy Notice which can be found on the home page of the Essex Police website. It can also be obtained from:

Information Rights Team
Essex Police HQ
PO Box 2
Chelmsford
CM2 6DA
Email: info.rights@essex.police.uk

DPA Article 13(2)(b) and Article 14(2)(c)

If Essex Police relies on my consent to be the legal basis for processing my personal data can I withdraw that consent?

N/A – the lawful basis for the processing of personal data in this instance is based on ‘public task’ not ‘consent’.

DPA Article 13(2)(c) and Article 14(2)(d)

Who can I lodge a complaint with if I am unhappy about the way my personal data is processed by Essex Police?

You may lodge a complaint with the Information Commissioner’s Office. Their contact details are:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Website:  www.ico.org.uk

You may wish to initially raise any concerns with the Data Protection Officer.

DPA Article 13(2)(d) and Article 14(2)(e)

If my personal data was obtained by Essex Police from someone else from who or where was it obtained by Essex Police?

N/A

DPA Article 14(2)(f)

Am I required to provide my personal data under a statutory or contractual requirement, or a requirement necessary to enter into a contract, or am I obliged to provide it?

The personal data would have been collected for law enforcement purposes, as part of the Domestic Abuse incident.

DPA Article 13(2)(e)

Will my personal data be used for automated decision-making, including profiling?

No

DPA Article 13(2)(f) and Article 14(2)(g)

If my personal data will used for automated decision-making, including profiling what logic will be involved and what significance and consequences will there be for me from the automated decision-making?

N/A

DPA Article 13(2)(f) and Article 14(2)(g)