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DEMS Privacy Notice

Introduction

This Privacy Notice has been created to make it easier for you to understand what personal data Lancashire Constabulary processes about you, how and why in connection with the registration of businesses into NICE investigate (a digital evidence management solution) and the subsequent digital evidence that may be shared. 

It meets the requirements placed upon the Chief Constable by the General Data Protection Regulation (Articles 13 and 14) in relation to general processing and the Data Protection Act 2018 (Section 44) in relation to law enforcement processing. 

It should be read in conjunction with, the force’s general Privacy Notice which can be accessed from the home page of Lancashire Constabulary’s internet site.  This high-level Privacy Notice provides you with complete details of the rights you have relating to the personal data we hold about you now and any personal data we might collect about you in the future.

If you have received a hard copy of this Notice and do not have access to the internet but require a copy of the Lancashire Constabulary Privacy Notice, please contact the Lancashire Constabulary Data Protection Office (contact details below) and they will provide a copy to you.

For what purpose(s) is my personal data intended to be processed by Lancashire Constabulary?

Lancashire Constabulary will collect details of businesses, some of which might include individuals names, who voluntarily sign up to Nice Investigate to enable digital evidence to be requested and submitted via the NICE Investigate portal and reduce the need for evidence to be shared via physical media (such as discs and USB sticks). The process is intended to reduce the likelihood of lost physical media and reduce the burden on staff who have to process these requests by offering businesses a secure, efficient way of sharing digital evidence. 

The digital evidence shared with Lancashire Constabulary is likely to contain images which may identify individuals. The purpose of sharing the digital evidence via the portal is to ensure that crimes are investigated efficiently, and our communities feel safe.

What is Lancashire Constabulary’s legal basis for processing my personal data?

Businesses register their details with the Nice Investigate portal voluntarily therefore Lancashire Police rely on consent for this general processing:

UK GDPR Article (6) (1):

  1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes

As consent is relied upon businesses can withdraw consent at any time. However, that withdrawal of consent does not affect the lawfulness of any processing of the personal data before its withdrawal

Lancashire Police will process submissions of digital evidence lawfully and fairly via the portal pursuant to Part 3, Chapter 2, (35)( 1) of the Data Protection Act 2018 (DPA); law enforcement processing. This processing is based on law and necessary for the performance of a task carried out by a competent authority.

What are the categories of personal data collected?

To register with the Nice Investigate Portal businesses will be required to provide:

  • Business Name
  • Business Address
  • Business Email
  • Business Telephone Number

Submission of digital evidence is likely to include:

  • Images of individuals

 Who will my personal data be disclosed to by Lancashire Constabulary?

Lancashire Constabulary will only share data if it is necessary and proportionate for the purpose it was collected.  Digital evidence submitted via the portal by a business may be shared with:

  • The Crown Prosecution Service (CPS)
  • Her Majesties Courts and Tribunals Services
  • Other police forces when necessary for assisting in investigations
  • Expert Witnesses appointed by either the prosecution of defence for the
  • purposes of providing an expert opinion to the court.
  • Other UK police forces using DEMS will have visibility of the location and owners of all cameras registered on DEMS.
  • Defendants
  • Defence solicitors

How long will my personal data be retained by Lancashire Constabulary?

Lancashire Constabulary will only keep details of any business for the purpose of registration with the Nice Investigate portal for as long as the business provides consent. Any business who wishes to withdraw registration can do so by contacting [email protected]

Digital evidence will be retained in accordance with Lancashire Constabulary’s Retention Schedule dependent upon which category of record the information falls.   

Your rights

Amongst other rights, you have a right to request a copy of personal information that Lancashire Constabulary holds about you.    

Further details of all your rights can be found within the general Privacy Notice referred to above.

The person who determines the purpose and means by which your personal data is processed) is:

Chief Constable of Lancashire Constabulary

Lancashire Constabulary

HQ

Saunders Lane

Hutton

PR4 5SB

The contact details of Lancashire Constabulary’s Data Protection Officer:

The Data Protection Officer

Lancashire Constabulary

Police Headquarters

Saunders Lane

Hutton

PR4 5SB

Email: [email protected]

If you wish to Complain

The Information Commissioner is the independent regulator responsible for enforcing the Data Protection Act and advising on privacy rights.  The information Commissioner’s Office contact details are as follows: 

The Information Commissioner’s Office can be contacted as follows: 

Telephone: 0303 123 1113                                                                                                                                              

Website: https://ico.org.uk/make-a-complaint/                                                                                                             

Mail:      

The Information Commissioner’s Office

Wycliffe House

Wilmslow

Cheshire

SK9 5AF

 

You can download this Privacy Notice here.