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Privacy Notice - Community Safety and Safeguarding

Please read the following Privacy Notice carefully.

The purpose of this Privacy Notice is to explain how and for what purposes we process your personal data. It applies to personal data that is processed electronically and on paper. 

Why we are collecting your data

Basildon Borough Council collect your data for managing and co-ordinating the Council's responsibilities under the Crime and Disorder Act 1998 and the statutory responsibility to prevent and deter crime and disorder in the Borough, including scoping for Safeguarding Adult Reviews, Section 17 and Section 47 Enquiries, Domestic Homicide Reviews, ASB Case Reviews and the Gangs Prevention Service Framework for Essex YOT.

We collect your data in relation to safeguarding of all children, young people and adults with care and support needs from abuse, neglect, exploitation and to promote their welfare.

Information collected

  • Name (including any alias), Address, Age, Date of Birth, Place of Birth
  • Gender
  • Contact phone numbers
  • Communication Needs
  • Language/s spoken
  • Name/details of GP
  • Medical History
  • Signature
  • Identity documents, i.e. birth certificate, passport, driving licence details
  • National Insurance Number/UK Visa and/or Work Permit numbers
  • Family make-up/circumstances (including carers / next of kin details)
  • Intelligence regarding allegations of ASB
  • Intelligence regarding allegations of crime
  • Intelligence regarding Section 17 Child Protection Enquiries
  • Intelligence regarding Section 47 Child Protection Enquiries
  • Intelligence regarding Safeguarding Adult Reviews
  • Intelligence regarding  Local Child Safeguarding Practice Reviews
  • Intelligence regarding Partnership Learning Reviews
  • Information as required for Child Death Overview Panels and the Child Death Review Process
  • Data required for Multi-Agency Risk Assessment Conference
  • Data required for Essex Missing and Child Exploitation (MACE) groups
  • Intelligence regarding Proof of Life enquiries from the Police
  • Information regarding Anti-Social Behaviour Case Reviews
  • Information regarding Domestic Homicide Reviews
  • Risk assessment of young people's potential involvement in crime and anti-social behaviour
  • Details of incidents of ASB and perpetrators details if known
  • Financial information
  • Details of professional agencies involvement
  • Details of Council involvement
  • Lifestyle and social circumstances
  • Employment and education details
  • Racial and ethical data
  • Current and Previous address history
  • Intelligence regarding allegations of abuse, neglect or exploitation, including details of the person/s raising concerns
  • Details of incidents surrounding allegations
  • Details of person/s giving consent to sharing information, where appropriate
  • Details of alleged perpetrators if known
  • Details of alleged victims
  • Details of professional agencies involvement
  • Intelligence of rough sleepers

The data is collected through:

  • Emails
  • Face to face at meetings
  • Post
  • Phone
  • Secure data transfer
  • from Third Parties such as:
    • Essex Police and other Police Forces
    • Clinical Commissioning Groups
    • National Health Services
    • National Probation Service
    • Essex Community Rehabilitation Company
    • Essex Youth Offending Team
    • Essex Social Care
    • Essex Youth Service
    • Essex County Council
    • Essex Safeguarding Adult Board
    • Essex Safeguarding Children Board
    • Essex Fire & Rescue Service
    • Borough, City & District Councils
    • Prisons
    • Voluntary & charitable organisations
    • Education
    • Professional advisers and consultants
    • Housing Providers
    • Government agencies
    • ECC Public Health
    • Drug and Alcohol Service Providers
    • Local and central government
    • Children & Families Hub
    • Family Solutions
    • Social Care Direct
    • Healthcare, social and welfare organisations
    • Housing associations and landlords
    • Family associates or representatives of the person whose personal data we are sharing
    • Existing live Basildon Council case files and from other internal departments

The basis for the processing

The lawful bases for processing are set out in Articles 6 and 9 of GDPR.

Personal Data:

  • 6(1)(d):     Processing is necessary to protect the vital interests of a data subject or another person.
  • 6(1)(e):     Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • 6(1)(f):     Necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Special Category Data:

  • 9(2)(a):     Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law.
  • 9(2)(c):     Processing is  necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent.
  • 9(2)(g):     Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards.

This data is required to comply with statutory responsibilities contained within the following legislation and guidance:

  • Children Acts 1989 and 2004
  • The Care Act 2014
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Working Together 2018
  • Modern Slavery Act 2015
  • Section 115 of the Crime & Disorder Act 1998
  • ASB, Crime and Policing Act 2014 measures to conduct Anti-Social Behaviour Case Reviews
  • Section 9 of the Domestic Violence, Crime and Victims Act 2004 to conduct Domestic Homicide Reviews
  • Part 5 of the Counter-Terrorism and Security Act 2015 preventing people from being drawn into terrorism

Who your information will be shared with

  1. All Council Departments
  2. External agencies and other bodies including:
  • Essex Police and other Police Forces
  • Clinical Commissioning Groups
  • National Health Services
  • National Probation Service
  • Essex Community Rehabilitation Company
  • Essex Youth Offending Team
  • Essex Social Care and other Social Care Services
  • Essex Youth Service
  • Essex County Council
  • Essex Safeguarding Adult Board
  • Essex Safeguarding Children Board
  • Essex Fire & Rescue Service
  • Borough, City & District Councils
  • Prisons
  • Voluntary & charitable organisations
  • Education
  • Professional advisers and consultants
  • Housing Providers
  • Government agencies
  • ECC Public Health
  • Drug and Alcohol Service Providers
  • Local and central government
  • ECC Children & Families Hub
  • Social Care Direct
  • ECC Family Solutions
  • Healthcare, social and welfare organisations
  • Housing associations and landlords
  • Family associates or representatives of the person whose personal data we are sharing
  • South Essex Domestic Abuse Hub
  • Community Safety Hub
  • Essex Police, Fire & Crime Commissioner

We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.

We will never sell your data, however it will be shared with third parties to:

  • Comply with legal obligations and legislative requirements
  • Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you
  • To help if there is need of any professional or legal advice on a matter relating to you
  • To help prevent fraud and/or tackle crime
  • To improve and optimise the performance of our services
  • To prevent and detect crime and disorder
  • To protect children, young people and adults with care and support needs from abuse, neglect and/or exploitation

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

  • Use your information for marketing or sales purposes without your prior explicit consent.
  • Send or store your data abroad unless it meets the requirements of the Data Protection regulations
  • Make decisions about you based on automated processing.

How long will we hold your data for?

  • Hard copies (if applicable) are stored in local/ central archives
  • Community Safety - 3 years after processes are completed
  • Safeguarding - 1 year if no further action or 6 years if involvement

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.
If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.

You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

The Data Protection Officer
Basildon Borough Council
Basildon Centre,
St. Martin's Square,
Basildon
SS14 1DL.

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

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

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see: