Anti- social Behaviour Reporting - Privacy Notice
The legal tests that govern the use of the anti-social behaviour powers are focused on the impact that the behaviour is having, or is likely to have, on victims and communities. When considering the response to a complaint of anti-social behaviour, we must consider the effect that the behaviour in question is having on the lives of those subject to it, which includes the cumulative impact if that behaviour persists over a period of time.
Most of the personal information we hold about you is provided by you. If you choose not to provide us with the information we ask for, in many cases, we will not be able to provide you with the service.
Processing activity – In general we will process personal information relating reports of anti-social behaviour using noise reporting apps such as ‘The Noise App’ and ‘The ASB App’.
Information requirements - our processing activities may include:
- your address, telephone number, email address
- details of incidences of anti-social behaviour and who reported to
- witness details
- offence(s) data
- diary entries
- noise recordings
- video recordings
- any additional information we may from time to time require
Information will be used to:
- record, investigate and resolve complaints of anti-social behaviour
- identify breaches of court orders
- take tenancy enforcement action (where applicable)
- institute civil/criminal proceedings
- identify any individual support needs
- liaise with landlords
- for audit purposes (anonymised)
- for statistical analysis (anonymised)
Lawful bases - our lawful bases for processing your personal information are:
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
and relevant legislation referred to in the:
- Environmental Health Privacy Notice;
- Housing Services (Landlord and Tenant) Privacy Notice
- Privacy Notice for Investigation of Statutory Nuisances including noise complaints
UK GDPR Article 9(2)(g) and DPA 2018, Schedule 1, para.6(1) & (2)(a) - special category personal data - 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, paras. 6(1) and (2)(a) - criminal convictions and offences - where processing is necessary for reasons of substantial public interest
We have a Data Protection Policy that sets out how this information will be handled.
Data sharing - where necessary, to investigate your complaint and tackle the issue of anti-social behaviour, we may share your information with and receive information from:
- Partners and multi-agency organisations
- Probationary Service and Youth Justice Service
- Adult and Children’s Social Services
- Next of kin or family members
We share information to aid with the detection and prevention of criminal acts. We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent & Medway Information Agreement for further details on our sharing arrangements.
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept for 7 years after the last action unless exceptional circumstances require longer retention e.g. a pending legal proceedings. All information will be held securely and disposed of confidentially.
Right to object – where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
Anonymisation- your personal information may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot, by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.
Changes to this Privacy Notice – we review this Privacy Notice regularly and will place updates on our website.
For further details of how we process your personal information and your rights, please refer to our:
Privacy Notice for Investigation of Statutory Nuisances including noise complaints