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Privacy Notice - Cornwall & the Isles of Scilly Youth Offending Service

Privacy Notice – Cornwall and the Isles of Scilly (CIoS) Youth Offending Service

1. Introduction – explanation of privacy and the policy

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1.1. Cornwall and the Isles of Scilly Youth Offending Service as a Service within the Together for Families Directorate, Cornwall Council, New County Hall, Truro, TR1 3AY, Data Protection Registration Number: Z1745294 is committed to protecting and respecting your privacy.

For further information or assistance on Data Protection matters, please contact the Practice Development and Standards Service on 01872 327617 or e-mail tffdpa@cornwall.gov.uk.

1.2. This Privacy Notice sets out the basis by which any personal data we collect from you, or that you provide to us, will be processed by us, in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act. 

2. Purpose of data processing

2.1 CIoS Youth Offending Service (YOS) provides services to young people aged 10 to 17 years who get into trouble with the law or who are at risk of getting into trouble. This can include anti-social behaviour as well as criminal behaviour. They also work with victims of crime and parents and carers. The YOS works in a partnership with the Police, health organisations, the National Probation Service, Her Majesty’s Courts and Tribunal Service, Cornwall Council, Council for the Isles of Scilly and the national Youth Justice Board. The Council needs to collect information about you in order to provide these services. Depending on the service provided, information about your family and other people involved with your case may also be collected. The YOS retains case histories in line with retention schedules or as long as we are legally required to and you will be advised on how long we will retain the data for when it is collected.

2.2 The YOS needs to use this personal, and often sensitive information to help make the right decisions about the type of service you need, and to check whether the services are helping you as they should. The YOS will always comply with the General Data Protection Regulation, and the Data Protection Act.

2.3 The YOS provides services in partnership with other agencies and providers on your behalf. Social Care, Education, Probation, Police and health care workers work together in the YOS providing support to children and young people and their parents/carers.  Sometimes some of the information held by us  needs to be shared with staff working in other Council departments and staff employed by the Police, Schools, National Health Service (NHS), other Health organisations and also other charities or organisations working on our behalf. Full details can be found at https://procontract.due-north.com/ContractsRegister/Index.

We will advise you when we collect the data when it will be shared, why it will be shared and with whom. This is to ensure that you receive appropriate support. Sharing this information also helps avoid you being asked for the same information more than once.

3. Why we need information about you

3.1  To help you to stop getting into any further trouble

3.2 To ensure you receive services best suited to your needs and circumstances.

3.3 To help us monitor and improve services.

4. Why we need information about other people in relation to your case

4.1 To allow us to most effectively assist the people who are providing you with support.

4.2 To allow us to protect you better, particularly if you are vulnerable or at risk.

5. How we will use your information

Cornwall Council is required under the Crime and Disorder Act 1998 to process your information where it is necessary for compliance to provide you with the required service, support or information from CIoS Youth Offending Service.

CIoS Youth Offending Service operates within a complex legal framework, supplemented by a significant body of statutory guidance. The primary legislation and guidance include:

  • Police and Criminal Evidence Act (PACE) 1984: Code C 3.15
  • Children Act 1989
  • United Nations Convention on the Rights of the Child 1989
  • The Crime and Disorder Act 1998
  • Human Rights Act 1998
  • Data Protection Act 2018
  • Youth Justice and Criminal Evidence Act 1999
  • Criminal Justice Act 2003
  • Code of Practice for Victims 2006 (Victim’s Charter)
  • Children and Young Persons Act 2008
  • Criminal Justice and Immigration Act 2008
  • Information Sharing: Guidance for practitioners and managers 2008
  • Equalities Act 2010
  • Legal Aid, Sentencing and Punishment of Offenders 2012
  • Working Together 2016
  • Care Act 2014
  • The Special Educational Needs and Disability Regulations 2014
  • The Special Educational Needs and Disability (Amendment) Regulations 2015

6. Who we will share your information with

6.1 We will only use this information in conjunction with the services provided to you by CIoS Youth Offending Service. We may also share your information with colleagues within Cornwall Council, the National Health Service and other health colleagues, if this is necessary to enhance the support we provide, or to protect another person or where we have a legal obligation to share with another public body, such as the Police, National Probation Service, the Courts.

6.2 Whenever your consent to share your information is required, we will always ask you and clearly explain why we are asking.

7. Will we share information without consent or knowledge?

In the following circumstances, the law allows information to be shared without your consent or knowledge:

7.1 To aid in the prevention and/or the detection of crime.

7.2 If your behaviour constitutes a serious risk of harm to yourself or others, including any children to whom you may have access.

8. Your Data Rights

Your personal information belongs to you and you have the right to:

  • Be informed of how we will process it.
  • Request a copy of what we hold about you and in commonly used electronic format if you wish (if you provided this to us electronically for automated processing, we will return it in the same way).
  • Have it amended if it is incorrect or incomplete.
  • Have it deleted (where we do not have a legal requirement to retain it).
  • Withdraw your consent if you no longer wish us to process.
  • Restrict how we process it.
  • Object to us using it for marketing or research purposes (if it is used for this purpose).
  • Object to us using it in relation to legal tasks or in the exercise of an official duty
  • Request that a person reviews an automated decision where it has had an adverse effect on you.

9. Accessing your data

If you would like to access any of the information we hold about you or if you have concerns regarding the way we have processed your information, please contact:

Data Protection Officer
Cornwall Council
County Hall
Truro
TR1 3AY

e-mail: dpo@cornwall.gov.uk

Tel: 01872 326424

10. Complaints, Compliments and Comments

Our complaints team can be contacted via the following address:

Quality Assurance Business Manager
Together for Families
Cornwall Council
County Hall
Truro
TR1 3AY

e-mail: tfffeedback@cornwall.gov.uk

We would prefer any complaints to be made to us initially so that we have the opportunity to see if we can put things right. However, if you are unhappy with the way we have processed your information or how we have responded to your request to exercise any of your rights in relation to your data, you can raise your concerns direct with the Information Commissioner’s Office. Tel: 0303 123 1113 or online: https://ico.org.uk/concerns