Name: Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences - Privacy Notice
Description: Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences - Privacy Notice

Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences - Privacy Notice

Privacy Notice for Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences

The primary function of our regulatory and enforcement work is to protect the public, public funds, the environment and groups such as consumers, residents, tenants, workers and businesses. At the same time, carrying out such activity in an equitable, practical and consistent manner helps to maintain a level playing field for local businesses, individuals and its other service users. Good regulation and enforcement will help to promote a thriving local economy and a safer and more enjoyable environment. See our Policy for Publicising Environmental Crime, Criminal Behaviour Orders, Verdicts and Sentences.

Processing activity In general, we will process personal information relating to:

  • people convicted of an offence;
  • people suspected of committing an offence
  • investigations;
  • naming and shaming;
  • publicising criminal behaviour orders;
  • publicising verdicts and sentences.

Information requirements - our processing activities may include:

  • personal details (such as name, address and image)
  • offences (including alleged offences)
  • criminal proceedings, outcomes and sentences.

Lawful bases[1] and reasons for processing- we may initially be processing information for general purposes, but as the situation changes, we may identify elements of criminality. Likewise, in certain circumstances, the processing of information by us may begin under the law enforcement processing regime and as circumstances change, we may switch to the general processing regime. Some information may result in being processed for different purposes and under both regimes.

The publicising of images of offenders and naming and shaming may be undertaken for the primary purpose of law enforcement[2] (under Article 10 UK GDPR, read with Schedule 1, Part 3 of the DPA 2018), which may lead to the prosecution of criminal offences. The publicising of criminal behaviour orders and verdicts and sentences will be for general purposes (under Article 10 UK GDPR, read with Schedule 1, Part 2 of the DPA 2018).

Our lawful bases and reasons for processing your personal information are:

  • Article 6(1)(e) UK GDPR and section 8(c) DPA 2018 - where processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller;
  • Article 9(2)(g) UK GDPR and DPA 2018 Schedule 1, Parts 2 and 3 (see below) – processing is necessary for reasons of substantial public interest;
  • Article 10 UK GDPR - processing (for general purposes) of personal data relating to criminal convictions and offences, read with section 10(5) DPA 2018, Schedule1, Part 2, para.10(1) – preventing or detecting unlawful acts;
  • Article 10 UK GDPR - processing (for law enforcement purposes) of personal data relating to criminal convictions and offences read with section10(5) DPA 2018, Schedule 1, Part 3, para.33 – legal claims.

Legal gateways (not an exhaustive list)

We have adopted specific policies that set out our approach to our regulatory and enforcement work. These policies provide a firm but fair approach which is considerate, proportionate, transparent and consistent. Policies encourage prevention, promote detection and identify a pathway for reporting and investigation:

(a) Environmental Protection Act 1990 - places a duty on us to investigate complaints that could be a ‘statutory nuisance’ and to take action where we are satisfied there is a statutory nuisance.

(b) Anti - Social Behaviour Crime and Policing Act 2014 - addresses activity which affects the quality of life of local residents and provides us with a means (through prosecution, warnings, formal cautions and injunctions), to deter those who commit them.

(c) Section 17 of the Crime and Disorder Act 1998 - places a duty on us to exercise our various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in our area.

(d) Fraud Act 2006 - prosecutions for offences connected with a failure to report a change in circumstances and making a false statement.

(e) Housing Act 2004 - prosecutions for operating a licensable HMO without a licence.

(f) Prevention of Social Housing Fraud Act 2013 - prosecutions for offences committed against the Council as a landlord e.g. subletting the whole of a social rented dwelling.

(g) Housing Act 1985 – provides absolute grounds for possession (granted by the court) of Council owned accommodation let under secure and flexible tenancies, where a tenant is:

  • convicted of a serious offence;
  • found by a court to have breached a civil injunction;
  • convicted for breaching a criminal behaviour order;
  • convicted for breaching a noise abatement notice;
  • where a tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour.

We have a Data Protection Policy that sets out how this information will be handled.

Data sharing - we may share your information with the following (not an exhaustive list) in order to ensure public safety, protect public funds and to assist with the prevention and detection of crime:

  • council department(s)
  • enforcement agencies
  • courts/tribunals
  • media including social media sites
  • Health & Safety Executive
  • local authorities
  • UK Border Force
  • Kent Fire and Rescue
  • Police
  • Port Health Authorities
  • Kent Trading Standards

You need to be aware that your name, image, address and offence details may be publicised if you are prosecuted for an offence. Images may also be published where we have grounds to ‘name and shame’ e.g., members of the public may be encouraged to visit an online page and help identify offenders caught on our overt CCTV cameras. Once offenders have been identified, we then take measures necessary, in the public interest, to ensure offenders are prosecuted.

The publication of images post conviction may assist with deterring potential offenders and preventing subsequent crime, as well as encouraging other victims and witnesses to come forward.

We share information with the police 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 and Medway Information Agreement for further details on our sharing arrangements.

Retention period - we keep your personal information for the minimum period necessary. Publication of information outlined in this Privacy Notice will be 28 days from the date of publication. 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.

Please refer to our Corporate Privacy Notice for further details of how we process your personal information and your rights.

[1] Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information

[2] Section 31 DPA 2018 - The prevention, investigation detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security

Last Updated: 29th September 2021