Anti-social behaviour team privacy notice
This Privacy Notice is designed to help you understand how and why the Anti-social Behaviour Team, processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.
Who are we?
Redcar and Cleveland Borough Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The Anti-social Behaviour Team are based within the Growth, Enterprise and Environment Directorate. The service tackles incidents of anti-social behaviour, with the aim of reducing incidents and minimising harm caused by such incidents.
What personal information do we collect?
Where relevant to do so and appropriate we may process the following information about you:
- Name and contact details, including address
- Date of birth
- Gender
- Social and lifestyle circumstances
- Financial details
- Housing needs
- Family details
- Personal appearance and behavioural details
- Social care support outcomes
- Advocacy or outreach details.
We may also process the following special category data about you:
- Race and ethnic origin
- Religious, faith or other beliefs of a similar nature
- Sexuality
- Physical or mental health details
- Criminal offences (including alleged offences)
- Images/footages from CCTV and other recording devices
Why do we collect your personal information?
The processing and use of your personal data are underpinned by our compliance with our legal and statutory obligations, primarily under the Crime and Disorder Act 1998 and the Antisocial Behaviour Crime and Policing Act 2014 in order to tackle antisocial behaviour and to reduce crime and disorder.
We consider your privacy with great importance and will only use your personal information to:
- record, investigate and resolve complaints of anti-social behaviour
- identify breaches of conditions specified within tenancy agreements
- tenancy enforcement action
- civil and criminal law action
- undertake enquiries into allegations of subletting and prevent fraud
- Identify any individual support needs
- inform you about our service
- provide services you have requested from us
- enable us to carry out specific functions for which we are responsible
- derive statistics that inform decisions such as the allocation of resources
- assess performance and set targets for the Council and for service planning or improvement to develop service delivery.
We may also use your personal data for the prevention or detection of fraud/crime or research in this area.
If we use the information for research purposes this will be anonymised data only and may assist us to improve our performance and delivery of services in the future.
We have a number Multi-agency panel meetings that are currently in operation across our service including:
- Community Safety Groups – Multi-agency meetings to investigate and tackle incidents of ASB occurring in public spaces which require a multi-agency resolution or response
- PSG - Anti-Social Behaviour Risk Assessment Conference to provide support to individuals affected by anti-social behaviour
- Police Daily Briefing – Multi-agency management meetings where information is shared between partners when there is a perceived significant risk of immediate harm.
As part of the support and services that we provide, a number of agencies will decide whether the threshold is met for support and best this can be provided and this may include sharing your information, reviewing actions already taken, and if necessary, making recommendations on how to reach the best outcome for you.
Who do we obtain your information from?
We may collect information via the following methods:
- Information provided by yourself
- Information provided by witnesses/victims
- Information provided by partner organisations, such as Cleveland Police or Housing Providers
- Through the criminal justice system
Who do we share this information with?
Where necessary, to investigate your complaint and tackle the issue of anti-social behaviour, we may share your information with both internal and external partners or agencies:
- Social care (Adults/Children’s)
- NHS agencies (GPs, hospitals, ambulance, health visitors)
- Education providers (welfare, schools, colleges and institution)
- Residential/nursing care providers
- Mental health services
- Government agencies (department of health, department of work and pensions)
- Central government
- Other Local Authorities and Local Government
- Police
- Probation services
- Youth offending service
- County, Magistrates or Crown Courts
- Legal service providers
- Substance misuse agencies
- Fire and rescue services
- Housing associations
- Advocacy services
- If you provide information in the form of video/pictures when making a complaint, this may be shared with the subject of the complaint if the evidence you have provided is necessary to carry out an investigation and or enforcement
How long do we keep your information for?
We will keep your personal data in accordance with our retention schedule, unless you explicitly request it to be removed under GDPR/Data Protection Act 2018 information rights. This right to have your data removed is not an absolute right, for example, we will need to retain your data if this information forms part of a legal requirement, public registry or an existing contract.
In line with our safeguarding guidance and thresholds, we will retain your information for a minimum of 6 years from the last contact date or the case closure date, whichever comes first if there have been identified emerging or multiple needs.
We are obligated to dispose of your information in a safe and secure way to maintain and comply with GDPR regulations.
When determining how long information should be held for, we consider particular criteria and this may depend on the circumstances that are presented to us (such as, the age at which a referral has been received, the nature of the information, how long an intervention or support may be in place for and if there are any other restrictions on retaining information due to crime or abuse).
What is our lawful basis for processing your information?
We will only ask for personal information that is appropriate and proportionate to enable us to deliver our services effectively. This is in accordance with legal obligations under the Crime and Disorder Act 1998 and the Antisocial Behaviour Crime and Policing Act 2014 to uphold the support, protection and fulfilment of our ASB functions
Redcar and Cleveland Borough Council relies on the following lawful basis to process your personal data:
UK GDPR Article 6(1)(e) and DPA 2018, section 8(c) – where processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in us under:
- Crime and Disorder Act 1998
- Anti-Social Behaviour Act 2003
- Anti-Social Behaviour, Crime and Policing Act 2014
When processing special category data, the Council will rely on the following lawful basis:
- UK GDPR Article 9(2)(g) and DPA 2018, Schedule 1, paragraph 6(1) & (2)(a) – where processing is necessary for the reasons of substantial public interest.
- UK GDPR Article 10 as supplemented by DPA 2018 section 10(5) & Schedule 1, Part 2, paragraph 6(1) & (2)(a) – criminal conviction and offences – where processing is necessary for the reasons for substantial public interest.
The legislations, policies and guidance that relate to this service includes, but is not limited to:
- Data Protection Act 2018
- Anti-Social Behaviour Act 2003
- Anti-Social Behaviour, Crime and Policing Act 2014
- Crime and Disorder Act 1999
- Housing Act 2004
Your Rights
You have a number of rights that you may exercise in relation to your personal data. Some of the rights do not apply automatically and may not be available in certain circumstances where a lawful exception applies.
- You have a right to access your personal data. You can request a copy of personal data that we hold about you and ask us to explain how we use your data.
- You have a right to object to processing of your personal data. You have an absolute right to stop your data being used for direct marketing. In other cases where the right to object applies, we may be able to continue using your data if we have a compelling reason for doing so.
If we are relying on consent as the lawful basis to process your data you can withdraw your consent at any time, and we will stop further processing.
- You have a right to request the restriction or suppression of your personal data.
- You have a right to have your personal data erased, if we no longer have a legitimate use for it. This right is sometimes called the ‘right to be forgotten’.
- You have a right to rectification of your personal data if the information we hold in relation to you is inaccurate or incomplete.
- You have a right not to be subject to any decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. You can request human intervention or challenge any solely automated decision-making that significantly affects you.
The Council has appointed a Data Protection Officer. Their contact details are:
Data Protection Officer
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
You can contact the team by emailing InformationGovernance@redcar-cleveland.gov.uk or by calling 01642 774774.
If you would like to request access to your personal data or exercise any of your other data protection rights, please contact the Information Governance Team:
Information Governance
Redcar and Cleveland Borough Council
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
Email: InformationGovernance@redcar-cleveland.gov.uk
Telephone: 01642 774 774
You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.