Personal data
Under data protection law, CYP can only use your personal data if it is lawful to do so. Please see the details below of the lawful bases, or conditions, that we rely on for using different types of personal data.
For processing personal data, we rely on the following conditions:
- UK GDPR Article 6(1)(e) – where processing is necessary for us to perform a task which is in the public interest (public task) (we use your information to deliver services or carry out duties that we are required to do as a council)
- UK GDPR Article 6(1)(f) – where processing is necessary to meet our legitimate interests which are not part of our public function (we use your information for a valid reason that you would reasonably expect, and which does not unfairly impact your rights)
Special category data
When we use special category data, we rely on the following additional conditions:
- UK GDPR Article 9(2)(b) – where processing is necessary for [insert name of service] to carry out specific obligations or exercise rights relating to employment, social security, and social protection (Schedule 1, Part 1, section 1, DPA 2018) (we need to use your sensitive information to meet our responsibilities as an employer or to provide social security or social care support)
- UK GDPR Article 9(2)(f) – where processing is necessary to establish, carry out or defend legal claims (we need your information to deal with legal cases, for example, to make or defend a legal claim)
- UK GDPR Article 9(2)(g) – where processing is necessary for reasons of substantial public interest, specifically:
- for statutory and government purposes (Schedule 1, Part 2, section 6, DPA 2018) (we use your sensitive information because the law requires us to carry out certain official duties)
- for monitoring of equal opportunities and treatment (Schedule 1, Part 2, section 8, DPA 2018) (we use sensitive information to check that you are treated fairly and equally) – note this will only apply where specific special category data (health, sexual orientation, and religious or philosophical beliefs) is being processed to enable equality of opportunity or treatment to groups of people in relation to the category of data
- for preventing or detecting unlawful acts (Schedule 1, Part 2, section 10, DPA 2018) (we use sensitive information to help stop or investigate crimes)
- to protect the public against dishonesty (Schedule 1, Part 2, section 11, DPA 2018) (we use sensitive information to protect you from fraud or dishonest behaviour)
- for preventing fraud (Schedule 1, Part 2, section 14, DPA 2018) (we use sensitive information to help prevent fraud)
- for the safeguarding of children and of individuals at risk (Schedule 1, Part 2, section 18, DPA 2018) (we use your sensitive information to protect children or vulnerable adults from harm)
- UK GDPR Article 9(2)(h) – where processing is necessary for the provision of health and/or social care purposes (Schedule 1, Part 1, section 2, DPA 2018) (we use your information to provide you with, or manage health or social care services)
- UK GDPR Article 9(2)(j) – where processing is necessary for archiving, research or statistical purposes that are in the public interest (Schedule 1, Part 1, section 4, DPA 2018) (we use your information for research, statistical work, or archiving that benefits the public)
Criminal offence data – general processing
CYP also uses criminal offence data which can include:
- Information about any criminal record or criminal history
- Allegations of criminal behaviour, including unproven allegations
- Absences of convictions, for example the results of DBS checks, or Police National Computer checks
- Personal data of victims and/or witnesses
- Personal data about criminal penalties that may have been awarded
In addition to the lawful bases that we have identified under “Personal data” above, we process criminal offence data under the following condition(s) of Schedule 1 of the DPA 2018:
- where processing is necessary to carry out specific obligations or exercise rights relating to employment, social security, and social protection (Schedule 1, Part 1, section 1, DPA 2018) (we use your information when the law requires us to meet duties related to employment, benefits, or supporting people)
- where processing is necessary for the provision of health and/or social care purposes (Schedule 1, Part 1, section 2, DPA 2018) (we use your information to deliver or manage health or social care services)
- where processing is necessary for reasons of public interest relating to matters of public health (Schedule 1, Part 1, section 3, DPA 2018) (we use your information to help protect the public from serious health threats or to support public health work)
- where processing is necessary for archiving, research or statistical purposes that are in the public interest (Schedule 1, Part 1, section 4, DPA 2018) (we use your information for research, statistics, or archiving when it benefits the public and when strong safeguards are in place)
- where processing is necessary for statutory and government purposes (Schedule 1, Part 2, section 6, DPA 2018) (we use your sensitive information because the law requires us to carry out certain official duties)
- where processing is necessary for the administration of justice and for parliamentary purposes (Schedule 1, Part 2, section 7, DPA 2018) (we use your sensitive information to support courts or legal processes)
- where processing is necessary for preventing and detecting unlawful acts (Schedule 1, Part 2, section 10, DPA 2018) (we use your sensitive information to help stop or investigate crimes)
- where processing is necessary for regulatory requirements relating to unlawful acts and dishonesty (Schedule 1, Part 2, section 12, DPA 2018) (we use sensitive information to protect you from fraud or dishonest behaviour)
- where processing is necessary for preventing fraud (Schedule 1, Part 2, section 14, DPA 2018) (we use sensitive information to help prevent fraud)
- where processing is necessary for the provision of counselling (Schedule 1, Part 2, section 17, DPA 2018) (we use your information to deliver or manage counselling services)
- where processing is necessary for the safeguarding of children and individuals at risk (Schedule 1, Part 2, section 18, DPA 2018) (we use your sensitive information to protect children or vulnerable adults from harm)
- where processing is necessary for disclosing information to elected representatives (Schedule 1, Part 2, section 24, DPA 2018) (we provide information to an MP or councillor when it is needed for their official duties)
- where processing is necessary for legal claims (Schedule 1, Part 3, section 33, DPA 2018) (we need your information to deal with legal cases, for example, to make or defend a legal claim)
Law enforcement purposes
CYP is a competent authority for the purposes of Part 3 of the DPA 2018. This means that we can process personal data so that we can prevent, investigate, and prosecute crime, or exercise criminal penalties
There needs to be a lawful basis and:
- you have provided us with your consent to use your personal data for law enforcement purposes; OR
- where processing is necessary to enable us to perform a task that is being carried out for law enforcement purposes
In addition to the above, we undertake sensitive processing for law enforcement purposes when:
- we have consent from you to process your personal data in this way; OR
- when processing is strictly necessary and cannot be achieved in any other way and meets the following conditions from Schedule 8 of the DPA 2018:
- where processing is necessary for statutory purposes (Schedule 8, section 1, DPA 2018) (we use your sensitive information because the law requires us to carry out certain official duties)
- where processing is necessary to safeguard children or people who are at risk (Schedule 8, section 4, DPA 2018) (we use your sensitive information to protect children or vulnerable adults from harm)
- where processing is necessary to prevent fraud (Schedule 8, section 8, DPA 2018) (we use sensitive information to help prevent fraud)
- where processing is necessary archiving, research or statistical purposes (Schedule 8, section 9, DPA 2018) (we use your sensitive information for research, statistical work, or archiving that benefits the public)
Legitimate interests
Sometimes, CYP relies on recognised legitimate interests, or legitimate interests as a lawful basis for processing your personal data. These conditions under the UK GDPR (as amended by DUAA) allow CYP to use personal data in ways that you would reasonably expect and that have a minimal impact on you, or where there is a justified reason for processing your data.
Recognised legitimate interests
To rely on this basis, there must be a legitimate interest for CYP to use your personal data for a recognised purpose. The recognised purposes are:
- Disclosure for purposes of carrying out our official duties as a council (under Article 6(e) (public task))
- Processing for safeguarding national security, protecting public security of for defence purposes
- Processing is necessary for responding to an emergency (under Civil Contingencies Act 2004)
- Processing is necessary for the purposes of detecting investigating or preventing crime, or apprehending and prosecuting offenders
- Processing is necessary for safeguarding a child or vulnerable adult
Legitimate interests
CYP has a legitimate interest in providing post code data for children’s homes and supported accommodation to the borough and district councils for the purpose of assessing planning applications. CYP only relies on legitimate interests when processing personal data is necessary to achieve that interest, and where it does not override your rights. In this instance, it is unlikely that this processing will have any impact on individuals.