Privacy and Personal Data

South Hams District Council are committed to protecting and respecting your privacy and will inform you of how we process your information.

Privacy Notice - Domestic Abuse

South Hams District Council takes your privacy seriously.

We will use your information in order to protect victims of domestic abuse, support people who are abusive to change their behaviour and to safeguard children and vulnerable adults. This notice sets out what we will do with your personal information and who we may share it with in respect of the above.

What information about you do we collect?

We collect the following information:

  • Personal data - such as your name, address and telephone number
  • Special category data - such as information relating to your physical and mental health, your race and ethnicity, your sexual orientation, your religious or philosophical beliefs
  • Details of any crimes that have been committed
  • Information about your housing situation and details of agencies you are working with

How do we collect information about you?

Relevant personal data will be collected:

  • directly from you (e.g. from asking you to complete a referral form, or speaking to you either on the phone or face to face).
  • from other agencies including Devon and Cornwall Police, Health agencies, the National Probation Service and voluntary and community organisations, safeguarding agencies and other Local Authorities.

How will your personal data be used?

Your personal data will be used in the following ways:

  • to provide information, advice and support in relation to domestic and sexual abuse
  • to refer you to appropriate service for support
  • to safeguard you, your children and other vulnerable adults
  • to prevent and detect crimes
  • to learn lessons relating to domestic abuse incidents

The Legal basis for processing your data

Article 6 1(a) Consent

The Council collects, uses and shares certain data about you on the basis that you have given us your consent to do so. You may withdraw your consent and ask us not to process your data for referrals to project and MARAC (Multi-Agency Risk Assessment Conference) partners. To do this, please contact the Council's Data Protection Officer (see section on Data Protection Officer below).

Under Article 6 1(a) referrals to the Councils and MARAC referrals, minutes and action plans are processed when you will have provided consent to process your personal data for one or more specified purpose.

Article 6 1(c) Information required by law

Under law, we are required to process the identified data in order for the Councils to fulfil their duty under the Domestic Violence, Crime and Victims Act 2004.

Under 6 1(c) MARAC referrals, minutes and actions plans, relevant case notes, self-referrals are processed when it is necessary to do so for compliance with a legal obligation to which we are subject.

Article 6 1(e) Public task

Without processing the relevant personal data, we would not be able to perform tasks carried out in the public interest, or in the exercise of official authority.

Under 6 1(e) MARAC referrals, minutes and actions plans, relevant case notes, self-referrals are processed when it is necessary to do so for compliance with a legal obligation to which we are subject.

Special Category data will be processed under Article 9 2(a) and Article 9 2(g) of the General Data Protection Regulation 2018. Article 9 2(a) relates to the data subject giving explicit consent to the processing of special category data for one or more specific purposes. Article 9 2(g) refers to special category data being processed where necessary for reasons of substantial public interest, on the basis of domestic law.

Who will your personal data be shared with?

We sometimes need to share your data within the Councils, or with other organisations. We will only share your data when necessary and when the law allows us to. We will always share the minimum data required. For matters relating to this privacy notice, we may need to share your personal data with:

  • MARAC partners - for high risk victims of domestic abuse (with or without consent)
  • Devon and Cornwall Police for the prevention and detection of crime. We encourage you to always report crimes directly to Devon and Cornwall Police, but if a crime needs reporting to the Police to safeguard you, or other people, the Councils have to share data.

In certain cases, we may also share your personal data with other individuals and organisations. For example, if you made a complaint about a Councillor, or if the sharing would assist with a safeguarding issue, or help prevent a crime. Sometimes we may share your data without your knowledge.

The Council will never sell your data to anyone else.

Transferring of data outside the EU

Your data will not be transferred outside the EU. It will be securely stored electronically within the UK only, unless it was necessary for safeguarding or for the prevention and detection of crime. This might be necessary in relation to Forced Marriage, Honour Based Abuse, Female Genital Mutilation or other domestic abuse crimes.

Length of time we keep your information

The Council will retain personal data for no longer than from the year the record created for 6 years, in line with Section 2 of the Limitation Act 1980.

We may amend this privacy notice at any time, so please review it frequently. The date at the bottom of each page will be amended each time this notice is updated.

Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website.

If you would like to exercise any of these rights, please Email the data protection officer.

The Data Controller for your information

South Hams District Council

Follaton House,

Plymouth Road,

Totnes,

Devon

TQ9 5NE

Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by Email, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at:

    Information Commissioner's Office

    Wycliffe House

    Water Lane

    Wilmslow

    Cheshire

    SK9 5AF