STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principle legislative instruments that provide powers to lawfully share information under this agreement are:
ii. The General Data Protection Regulations 2018: Hampshire Constabulary (HC) processes personal information in accordance with this Act, which exists to ensure the fair and lawful use of personal data and to protect the rights of the data subject. The Act provides exemptions to some of its provisions if complying with them will prejudice the protection/detection of crime and the apprehension and prosecution of offenders. This Act also requires HC to comply with the following principles when processing personal data: Fairly and lawfully processed; Being processed for specified and lawful purposes and not in any manner incompatible with those purposes; Adequate, relevant and not excessive; Accurate and where necessary, up to date; Not kept for longer than is necessary; Being processed in accordance with individuals rights; Secure; Not to be transferred to countries outside the EU.
STATUTORY POWERS TO PROCESS PERSONAL DATA. The principle legislative instruments that provide powers to lawfully share information under this agreement are:
i. The Human Rights Xxx 0000: Hampshire Constabulary (HC) as a public authority is duty bound to act in compliance with the Act. Article 8 states that everyone has a right to respect for his private and family life, home and correspondence by a public authority. Interference of this right by HC is not in contravention of the Act if it is in accordance with the law and is necessary, justified and proportionate in a democratic society in the interests of: Public Safety; National Security; Prevention of crime and disorder; Protecting the rights and freedoms of others.
ii. Code of Practice on the Management of Police Information (MoPI) 2005:
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principle legislative instruments that provide powers to lawfully share information under this agreement are:
ii. The General Data Protection Regulation 2018 - The EU has introduced The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) to replace Data Protection Xxx 0000 effective from 25 May 2018. Hampshire Constabulary (HC) processes personal information in accordance with the Act, which exists to ensure the fair and lawful use of personal data and to protect the rights of the data subject. The Act provides exemptions to some of its provisions if complying with them will prejudice the prevention / detection of crime and the apprehension and prosecution of offenders. The Act requires HC to comply with the following principles when processing personal data: o Fairly and lawfully processed o Being processed for specified and lawful purposes and not in any manner incompatible with those purposes o Adequate, relevant and not excessive o Accurate and where necessary, up to date o Not kept for longer than is necessary o Being processed in accordance with individuals rights o Secure o Not to be transferred to countries outside the EU
iii. The Human Rights Xxx 0000: HC as a public authority is duty bound to act in compliance with the Act. Article 8 states that everyone has a right to respect for his private and family life, home and correspondence by a public authority. Interference of this right by HC is not in contravention of the Act if it is in accordance with the law and is necessary, justified and proportionate in a democratic society in the interests of: Public Safety; National Security; Prevention of crime and disorder; Protecting the rights and freedoms of others.
iv. Code of Practice on the Management of Police Information (MoPI) 2005:
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principal legislative instruments that provide powers to lawfully share information under this Agreement are:
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principal legislative instruments that provide powers to lawfully share information under this Agreement are detailed in Section 2.
ii. Part 3 Processing: Any Information sharing under this agreement for the law enforcement purpose will comply with the Data Protection Principles set out in DPA 2018 Sections 34 to 40.
iii. All Information Sharing Agreements will be compliant with the European Convention of Human Rights and the Human Rights Act 1998, in particular Article 8.
iv. There are other pieces of legislation that place powers or duties to share information on public authorities – this list is not meant to be exhaustive. All information sharing must be conducted in accordance with one or more of the legal powers / duties.
v. Personal data shall be processed fairly, in a transparent manner and lawfully and in particular, shall not be processed unless at least one of the lawful basis for processing exists under Article 6 of the Applied GDPR.
vi. Special Category Personal Data shall be processed fairly, in a transparent manner and lawfully and in particular, shall not be processed unless at least one of the lawful basis for processing exists under Article 6 of the Applied GDPR and a separate condition for processing special category data under Article 9 is met.
vii. Personal data relating to criminal convictions and offences or related security measures shall be processed fairly, in a transparent manner and lawfully and in particular, shall not be processed unless at least one of the lawful basis for processing exists under Article 6 and a separate condition for processing special category data under Article 9 is met and shall comply with Article 10 and only be carried out only under the control of official authority.
viii. Transferring sensitive personal data from Part 3 (Law Enforcement Purpose) to Part 2 (General Processing): Personal data, including Special Category Personal will only be transferred from DPA 2018 Part 3 into DPA 2018 Part 2 processing as special category personal data where a condition in DPA 2018 Schedule 8 is met. The data will then be processed as special category data where the requirements and conditions are met.
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principle legislative instruments that provide powers to lawfully share information under this agreement are: Sharing personal data for the Law Enforcement Purpose (under Part 3 of the Data Protection Act 2018): where the sharing of personal data is between the police and other Competent Authorities (as defined by Schedule 7 of the Data Protection Act 2018) for any of the Law Enforcement purposes (prevention / investigation / detection / prosecution of criminal offences, execution of criminal penalties, safeguarding against and preventing threats to public security.
ii. There are other pieces of legislation that place powers or duties to share information on public authorities – this list is not meant to be exhaustive. All information sharing must be conducted in accordance with one or more of the legal powers / duties.
iii. Football Spectators Xxx 0000 as amended by the Football (Disorder) Xxx 0000
iv. Human Rights Xxx 0000: Hampshire Constabulary (HC) as a public authority is duty bound to act in compliance with the Act. Article 8 states that everyone has a right to respect for his private and family life, home and correspondence by a public authority. Interference of this right by HC is not in contravention of the Act if it is in accordance with the law and is necessary, justified and proportionate in a democratic society in the interests of: National security Public Safety. Prevention of crime and disorder. Protecting the rights and freedoms of others.
v. Each party shall ensure that it processes the Shared Personal Data fairly and lawfully and ensure that it processes the Shared Personal Data on the basis of a lawful basis.
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principal legislative instruments that provide powers to lawfully share information under this Agreement are detailed in Section 2.
ii. There are other pieces of legislation that place powers or duties to share information on public authorities – this list is not meant to be exhaustive. All information sharing must be conducted in accordance with one or more of the legal powers / duties.
iii. Each party shall ensure that it processes the Shared Personal Data fairly and lawfully and ensure that it processes the Shared Personal Data on the basis of one of the following legal grounds: • the Data Subject has explicitly and unambiguously given his or her consent; • processing is necessary for compliance with a legal obligation to which a party is subject or has been carried out in accordance with a statutory duty and/or right; • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the parties; • processing is necessary for the purposes of the legitimate interests pursued by the parties except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms of legitimate interests of the Data Subject • processing is necessary to protect the vital interests of the data subject or of another natural person
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principal legislative instruments that provide powers to lawfully share information under this Agreement are: • You must provide Act and Section - see Appendix B ‘Statutory powers for sharing’ for guidance
ii. Before the Police can share information, a lawful basis for sharing personal and special category information (including distinction between employment and law enforcement purposes) must be identified and detailed in this ISA. The following section is to be completed by Information Management (reference relevant sections from Appendix A – Lawful Basis for Processing Data) • Lawful basis for processing personal data: • Lawful basis for processing special category data: • Lawful basis for processing sensitive data for law enforcement purposes:
STATUTORY POWERS TO PROCESS PERSONAL DATA i. The principle legislative instruments that provide powers to lawfully share information under this agreement are:
ii. Code of Practice on the Management of Police Information (MoPI) 2005:
STATUTORY POWERS TO PROCESS PERSONAL DATA. Hampshire Constabulary will share information with HANTSAR where an exceptional risk has been identified. The lawful basis for sharing information within this agreement is: Vital Interests.
i. GDPR Article 6(1)(d) provides a lawful basis for processing where: “processing is necessary in order to protect the vital interests of the data subject or of another natural person”. ie where processing is necessary to protect an interest which is essential for the life of the data subject or that of another natural person. The following condition listed in Article 9(2) of the GDPR relate to the processing of special category data, where relevant, within this agreement (race, ethnic origin, religion, genetics, biometrics, health, sexual ordination).
(c) Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.
