Youth Justice and Crime Prevention Privacy notice

Why do we collect and use information?

The Isle of Wight Council will process data relating to children on the Isle of Wight. They are the Data Controller for the purpose of collecting and using information from children, parents and wider family members and other professionals and partnership agencies (such as health and education services, voluntary agencies and the police) in order to carry out Youth Justice functions which includes services to:

• children
• parents and carers and
• harmed persons

This may be via delivery of statutory disposals/orders or voluntary intervention.

We may collect information about you, other members of the household, family members and other relevant persons. We hold this personal data securely and use it to undertake our statutory functions as required under the Crime and Disorder Act 1998 and Working Together to Safeguard Children 2018.

We may use this information to:

• undertake an assessment of need.
• develop multi-agency plans.
• provide support to address assessed needs.
• monitor progress.
• assess the quality of our services.
• evaluate and improve our policies.
• completing statutory returns to agencies, such as the Office of the Police Crime Commissioner.
• ensure compliance with our obligations under the accuracy principle of the General Data Protection Regulation (Article (5)(1)(d)), making sure our records are up to date.

The following sections provide further detail around the information we process setting out what allows us to do this (lawful basis), who we may share it with, how long we keep it for (the retention period), alongside identifying any rights you may have and who to contact if you think we’re not handling your information in the right way.

The categories of information that we collect, hold and share

The following personal and special category information is processed:

• personal information such as name, address, date of birth, phone numbers, email and information about characteristics such as ethnicity, gender, religion, language
• information from professionals and agencies about you, your child or your family in support of an assessment such as health services information, cautions and convictions, living conditions, and educational attainment

The lawful basis on which we use this information

We collect and use the information ensuring that we comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA2018) requirements for processing. Namely:

• Schedule 7- Identifies YJS as a ‘Competent Authority’ which permits the collection data relating to criminal offences or charges for the purposes of law enforcement.
• Article 6(1)(e) – the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law;
• Article 9(2) (g) – 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 safeguarding measures; and
• Sch.1, Pt.2, 1 – Substantial public interest conditions, for processing under the DPA2018.

These articles under the GDPR and the DPA2018 are supported by the following specific legislation:

• Sections 10, 11 of the Children Act 2004;
• Section 7 of the Young People’s Act 2008;
• Section 37 of the Crime and Disorder Act 1998; and
• The Equality Act 2010.

Under this lawful basis we do not require your consent to process this information but we are required, through this privacy notice, to ensure you are fully informed of why we are collecting this information and what we will do with it.

Please note that no automated decision making (decisions taken without a person involved) occurs for any parts of these activities controlled by Isle of Wight Council. Isle of Wight Council does use profiling as part of the service but only as established under the statutory process.

Storing and Securing Data

The information provided to us will be held within Isle of Wight Council’s Case Management System (CMS). The information held within will be kept in line with our retention schedule and then disposed of as appropriate. Our CMS is hosted by Isle of Wight Council in secure data centres based in the UK. No information leaves the European Economic Area (EEA).

Information sent electronically (paper forms will be scanned to create an electronic record) will be stored within Isle of Wight Council’s Document Management System (DMS) or CMS, with any paper versions being destroyed. The information held within Isle of Wight Council’s DMS will be kept in line with our retention schedule and then deleted as appropriate. Isle of Wight Council’s DMS is hosted by the Isle of Wight Council in secure UK based data centres, which are on site. No information leaves the European Economic Area (EEA).

If you are a victim of crime and we are working with you, we will keep your information in a separate record on the CMS. Only team members who are involved in your case will have access to your information. We only keep information about you while we are working with you.

Isle of Wight Council takes its data security responsibilities seriously and has policies and procedures in place to ensure the personal data held is:

• prevented from being accidentally or deliberately compromised;
• accessed, altered, disclosed or deleted only by those authorised to do so;
• accurate and complete in relation to why we are processing it;
• continually accessible and usable with daily backups; and
• protected by levels of security ‘appropriate’ to the risks presented by our processing.

Who do we share information with?

YJS is a multi-agency team formed from contributions from Health, Probation, Children’s Social Care, Police and Education. The following principles are observed when sharing and gathering information:

• we do not share information with anyone unless there is a lawful basis that allows us to do so. Any information shared will be done so on the basis that it is necessary, relevant and proportional for the task being undertaken
• we gather information from a range of professionals and agencies in order to make a full assessment of need and support effective intervention. We will only contact those services necessary, relevant and proportional to your individual circumstances

Professionals and agencies, we may communicate with include:

• Isle of Wight Council and District Authorities services, such as public health, housing, sport, culture and leisure services, licensing authorities and youth services
• NHS organisations, including the NHS England and clinical commissioning groups, NHS Trusts and NHS Foundation Trusts
• Police, including police and crime commissioners and British Transport Police
• Safeguarding Children’s Partnerships
• Educational establishments and early years education and childcare providers.
• The National Probation Service and Community Rehabilitation Companies.
• Custody facilities including Young Offender Institutes and Secure Training Centres.
• Relevant third sector organisations including those associated to provision of youth and leisure services.

Depending on the individual circumstances of each situation, we may have to share this information with other teams within Isle of Wight Council to fulfil other duties and powers to support our work. These might include our Children Missing Education (for ensuring the provision of full time education); Data Protection Team (for personal data incidents); Virtual School (for support and promoting the education of children looked after); and/or other Social Care teams (supporting welfare, safeguarding and corporate parent functions).

Requesting access to your personal data and your rights

Under data protection legislation, individuals have the right to request access to information about them that we hold. To make a request for your personal information, or someone you have responsibility for, please contact the Corporate Information Unit whose contact details are: information@iow.gov.uk

You also have the right to:

• prevent processing for the purpose of direct marketing;
• object to decisions being taken by solely automated means;
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• claim compensation for damages caused by a breach of the Data Protection regulations.

Please note that under the GDPR, there is also a right to erasure but the right to erasure does not provide an absolute ‘right to be forgotten’. Where the data being processed is for the purpose of ‘performing a task in the public interest or for our official functions, and the task or function has a clear basis in law’ (Article 6(1)(e))’, this right does not automatically apply.

If you have a concern about the way we are collecting or using your personal data, you can raise your concern with us in the first instance by contacting the Isle of Wight Data Protection Officer by emailing dpo@iow.gov.uk 

You can also go directly to the Information Commissioner’s Office, as the supervisory authority.