Privacy Notice - Coronavirus: Fixed Penalty, Prohibition and Community Protection Notices and Community Protection Warnings

Introduction

South Tyneside Council collects, stores and processes your personal information for the purpose of issuing and processing Notices under legislation enacted to prevent the spread of Coronavirus and to prevent anti-social behaviour.

This privacy notice explains what information we collect from you, and what we do with it.

The data controller for your data

South Tyneside Council is the data controller for purposes of the Data Protection Act (2018) and The General Data Protection Regulation (EU) 2016/679 ("GDPR") and is registered as a data controller with the Information Commissioner's Office (ICO).

South Tyneside Council is committed to protecting your personal information. As a data controller, we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law.

Why we're collecting your data

We are collecting your data for the purpose of processing Fixed Penalty and Prohibition Notices under the Coronavirus Act 2020, Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the Public Health (Control of Disease) Act 1984 and Community Protection Warnings and Community Protection Notices under the Anti-social Behaviour Crime and Policing Act 2014.

We collect this data to protect our communities from harm with the emphasis on the prevention of the spread of Coronavirus. We are also committed to dealing with anti-social behaviour such as crime, nuisance and disorder.

What is the legal basis for collecting your data

The council has a lawful basis for processing data for the purpose of Notices under:

The General Data Protection Regulation 2016, Article 9(2)(g) [Substantial Public Interest]; Article 9(2) (i) [Public Health]
The Data Protection Act 2018, Schedule 1, Part 2, Paragraph 10 [Preventing and detecting unlawful acts]; Schedule 1, Part 2, Paragraph 6 [statutory etc and government functions]; Schedule 1, Part 1, Paragraph 3 [Public Health]

The Council has statutory powers pertaining to enforcement under the following acts:

Coronavirus Act 2020
Public Health (Control of Disease) Act 1984 (as amended)
Contravention of restrictions as listed in The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
Anti-social Behaviour Crime and Policing Act 2014
Crime and Disorder Act 1998

How we obtain data

We collect this data direct from individuals and from partner agencies, such as other local authorities, the Police Authority, Fire & Rescue Service, Probation Trust and National Health Service.

We also collect data from CCTV recordings, other council departments and directly from the community to include community forums and voluntary groups.

The data we may collect

Contact details including name, address, email address and phone number
Date of birth
Visual images, personal appearance and behaviour
Licenses or permits held
Business activities
Payment details
Children's information will be used if they are perpetrators of anti-social behaviour

Who we'll share your data with

Your data may be shared with:

Officers in the Council for the purposes of processing the relevant Notice
Any persons (including but not limited to Public Health England, Central Government, government agencies and departments, Office of National Statistics (ONS), the Police, other local authorities and public bodies, and other regulatory authorities ) with a need to access your data for the purpose of ongoing management of and response to the Coronavirus outbreak
Any persons with a need to access your data for the purpose of responding to a complaint or enquiry
The Council's legal team where necessary for the purposes of providing legal guidance and for prosecution
Where a Notice proceeds to court action data will also be shared with the courts, the defendant and their legal representatives

How long we'll keep data for and why

Fixed Penalty Notices (Coronavirus Regulations)

The emergency period and restrictions commenced on 26 March 2020 at 1pm and ends on the day the Secretary of State for Health terminates the requirement of any restriction.

The Secretary of State for Health must review the Regulations at least once every 21 days with the first review being carried out by 16 April 2020. As soon as a restriction is no longer necessary it must be terminated by the Secretary of State for Health by way of a declaration.

The restrictions contained within the Fixed Penalty Notice process under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 will remain in force for an, as yet, undefined period of time.

Furthermore, The Fixed Penalty Notice process under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 is cumulative meaning that if a second fixed penalty is received this will be £120 and for a third and subsequent notice, the Fixed Penalty Notice will be double the amount of the previous notice, up to a maximum of £960. The Council must retain your data for the purpose of identifying those individuals who have committed two or more contraventions of the restrictions.

If your FPN is paid within the specified deadline, any photos or footage will be deleted within 120 days. We will hold your details and the financial record that your FPN has been paid for a period of two years after the date on which the Secretary of State terminated the last restriction by issue of a declaration.

If your FPN is not paid and proceeds to prosecution your data will be retained for a period of two years after the date on which the Secretary of State terminated the last restriction by issue of a declaration or for a period of two years after all court proceedings have been discharged and any appeal process is exhausted, whichever is the longer.

Community Protection Warnings & Notices (Anti-social Behaviour Crime and Policing Act 2014) for Coronavirus purposes

Your data will be retained for a period of two years from the date of issue of the Community Protection Warning or Community Protection Notice. If you appeal the Community Protection Notice to the magistrates court, your data will be retained for a period of two years after all court proceedings have been discharged and any further appeal process is exhausted, whichever is the longer.

Fixed Penalty Notice (Anti-social Behaviour Crime and Policing Act 2014) for Coronavirus purposes

If your FPN is not paid and proceeds to prosecution your data will be retained for a period of two years after all court proceedings have been discharged and any appeal processes exhausted, whichever is the longer.

Prohibition Notices (Coronavirus Regulations)

The emergency period and restrictions commenced on 26 March 2020 at 1pm and ends on the day the Secretary of State for Health terminates the requirement of any restriction. The Secretary of State for Health must review the Regulations at least once every 21 days with the first review being carried out by 16 April 2020. As soon as a restriction is no longer necessary it must be terminated by the Secretary of State for Health by way of a declaration.

The restrictions contained within Regulations 4, 5, 8 and 9 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 will remain in force for an, as yet, undefined period of time.

We will hold your data for a period of two years after the date on which the Secretary of State terminated the power to issue Prohibition Notices under Regulation 8.

If you fail to comply with a Prohibition Notice and you are prosecuted, your data will be retained for a period of two years after the date on which the Secretary of State terminated the power to issue Prohibition Notices under Regulation 8 or for a period of two years after all court proceedings have been discharged and any appeal process is exhausted, whichever is the longer.

How your data will be stored

Your information will be stored electronically and on paper records.
We will only make your information available to those who have a need to know. Controlling access to Council systems and networks preventing any unauthorised access to your personal information
Using encryption methods such as passwords so that only people with specific access rights can view it
Pseudonymisation, meaning that we will change some personal details such as name, date of birth etc. so that someone with access to the data will not know whose personal information it belongs to
Our staff are regularly trained in data protection to make them aware of their responsibilities when using personal information and how and when to report if something goes wrong
We regularly test our technology and working practices to keep up to date on the latest security update

Transferring data outside the European Economic Area

In most cases the Council will not process your personal information outside of the European Economic Area (EEA). In instances where your personal information needs to be transferred to a country or territory outside the EEA that country or country or territory must ensure an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Your rights

Depending on the legal basis for processing your information you may have the following rights:

A right to a copy of data held about you, an explanation for its processing and who it has been shared with.
A right to rectification (correction) of data which can be shown to be incorrect.
A right to restrict processing if you can show that it is not fair or lawful for the data to be used for a particular purpose.
A right to object to processing if you dispute that there is a lawful basis to process your data, following which the Council would need to demonstrate its lawful basis.

How to get advice or make a complaint

If you would like to exercise your rights in relation to your personal information, or you feel that something has gone wrong with your personal information, you can contact our Data Protection Officer (DPO) in either of the following ways:

By email: data.protection@southtyneside.gov.uk

By telephone: 0191 424 6539

In witing: South Tyneside Council, Information Governance, Town Hall and Civic Offices, South Shields, NE33 2RL

If you feel that the Council has not handled your information correctly you can contact the Data Protection Officer at the above contact details or the Information Commissioner's Office (ICO). The ICO is the Government's Independent Body responsible for overseeing data protection. In most cases the ICO will only review cases that have exhausted the Council's internal procedures.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. More information can be found at www.ico.org.uk.

This privacy notice will be subject to review when there is a change.

Date: March 2020
Date for Review: March 2021 (or earlier subject to changes in legislation)