Data Protection

This page will tell you what to expect when we handle your information. It also tells you what your rights are in relation to your data.

Data Protection Act 2018

The Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) control how your personal information is used by organisations, businesses or the government. They also give you rights regarding your personal information.

Cheshire Constabulary is required to collect, use and disclose information about people to fulfil and support its policing purposes; namely, to preserve order, to protect lives and property, and to prevent and detect crime.

Further detail in respect of the nature of the information that Cheshire Constabulary collects and how it is used can be found within the Constabulary’s general Privacy Notice: How We Use Personal Data.

Data Protection Principles

Everyone responsible for using data has to follow strict rules called Data Protection Principles. We must make sure the information is:

  1. Processed lawfully, fairly and where relevant, transparently ;
  2. Processed for specified, explicit and legitimate purposes;
  3. Adequate, relevant and not excessive (limited to what is necessary)
  4. Accurate and up-to-date
  5. Not kept longer than necessary
  6. Secure

Your rights

The Data Protection Act 2018 and General Data Protection Regulation gives individuals certain rights regarding any personal information held about them by Cheshire Constabulary, unless an exemption applies.

Click on the sections  to discover more information about your rights.

You have the right to access any personal data held about you by Cheshire Constabulary. This right is otherwise known as ‘Subject Access’ and allows you to verify that the use of your personal data is lawful.

For more information visit the right of access page.

Your Rights:

You are entitled to request the erasure of your personal information. This right is also known as ‘the right to be forgotten’. The right to erasure is not an absolute right as you can only exercise this right in specific circumstances. These circumstances also differ depending on whether the use of your information relates to law enforcement or general processing.

Law Enforcement Processing:

If the processing infringes any of the Data Protection principles, does not meet the safeguards in respect of archiving and sensitive information or there is a legal obligation to erase, the data about you must be erased without undue delay. However, if the data is required for evidence purposes or if it cannot be determined as accurate or inaccurate, then the data must be restricted to prevent further use.

General Processing:

There are specific grounds that apply to the request for erasure. Such as where you have withdrawn consent, where there is no overriding legislation or legitimate interest for continuing the processing, the use of your data is unlawful, or there is a legal obligation to erase. You can also request restriction instead of erasure where the data is required for the establishment or defence of legal claims, you oppose to erase and request restriction instead.

How to request the right to be forgotten on Cheshire Constabulary systems

We need to be satisfied that you are who you say you are. You must include at least two forms of identification. Between them, they should show your name, address, signature and date of birth (e.g. Driving Licence, Passport, Medical Card, Birth/Adoption Certificate, Bank Statement or Utility Bill).

It is advised that you send photocopies of original documents – Cheshire Constabulary cannot be held accountable for original documents lost in the post.

Requests should be sent to: requests@cheshire.pnn.police.uk

Alternatively, you can post your request to:

Information Compliance

Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

If you require any assistance, please do not hesitate to contact us via the email above or telephone: 01606 36 2384

How to request the right to be forgotten on national systems

You can apply for the deletion of records from the Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD) under the ‘Record Deletion Process’ as defined in guidance issued by the National Police Chief's Council in the document 'Deletion of Records from National Police Systems'

For further information, please visit ACRO.

You are entitled to have inaccurate personal data rectified, or completed if it is incomplete.

In addition, where the information falls outside of law enforcement, you can request to be informed where that data has been shared.

Please note: where rectification is required but the personal data must be maintained for the purposes of evidence, instead of rectifying the personal data, the information will be restricted or blocked to prevent further use. 

How to make a request for rectification of your personal data held on Cheshire Constabulary systems

We need to be satisfied that you are who you say you are. You must include at least two forms of identification. Between them, they should show your name, address, signature and date of birth (e.g. Driving Licence, Passport, Medical Card, Birth/Adoption Certificate, Bank Statement or Utility Bill).

It is advised that you supply photocopies of original documents – Cheshire Constabulary cannot be held accountable for original documents lost in the post.

Requests should be sent to: requests@cheshire.pnn.police.uk

Alternatively, you can post your request to: 

Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

If you require any assistance, please do not hesitate to contact us via the email above or telephone: 01606 36 2384

Please note: once we have received your request, the process to provide you with information can take up to one month. One month is the statutory deadline defined by the Data Protection Act 2018.

In limited circumstances, you have the right to object to the use of your personal information. This right only applies to general processing and not law enforcement processing.

The right also only applies to the following situations:

  • Where the legal basis for the processing is based on ‘legitimate interests’ or the ‘performance of a task in the public interest/exercise of official authority’ (including profiling);
  • Direct marketing (including profiling);
  • Processing for purposes of scientific/historical research and statistics

How to make a request to object

We need to be satisfied that you are who you say you are. You must include at least two forms of identification. Between them, they should show your name, address, signature and date of birth (e.g. Driving Licence, Passport, Medical Card, Birth/Adoption Certificate, Bank Statement or Utility Bill).

It is advised that you supply photocopies of original documents – Cheshire Constabulary cannot be held accountable for original documents lost in the post.

Requests should be sent to: requests@cheshire.pnn.police.uk

Alternatively, you can post your request to:

Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA

If you require any assistance, please do not hesitate to contact us via the email above or telephone: 01606 36 2384

Please note: once we have received your request, the process to provide you with information can take up to one month. One month is the statutory deadline defined by the Data Protection Act 2018.

The right to data portability enables individuals to take advantage of applications and services that can use this data to find them a better deal or help them understand their spending habits.

It gives you the right to request that an organisation transmits data directly to another organisation.

When does this right apply?

The right to Portability only applies to processing under the General Data Protection Regulation (not law enforcement processing).

For the right to apply, you must have provided consent for Cheshire Constabulary to process your personal data or signed up to a contract.

The information is only within scope of the right to portability where you have provided personal data to the company – and this is where it is different to the ‘right of access’.

Examples of where the right to portability can be used is when you are changing energy supplier or bank accounts.

Timescales & fees

An individual can request data portability free of charge. However, there may be circumstances where an organisation can charge a fee for manifestly unfounded or excessive requests.

There is a legal requirement to comply a request without undue delay and in any event, within one month

Making a Request for Portability

We need to be satisfied that you are who you say you are. You must include at least two forms of identification. Between them, they should show your name, address, signature and date of birth (e.g. Driving Licence, Passport, Medical Card, Birth/Adoption Certificate, Bank Statement or Utility Bill).

It is advised that you send photocopies of original documents – Cheshire Constabulary cannot be held accountable for original documents lost in the post.

Requests should be sent to: requests@cheshire.pnn.police.uk

Alternatively, you can post your request to:

Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA 

If you require any assistance, please do not hesitate to contact us via the email above or telephone: 01606 36 2384

What are my rights?

Although Cheshire Constabulary is unlikely to carry out any automated decision-making that does not involve some human element, you have a right to require that the Constabulary ensures that no decision that would significantly affect you is taken by the Constabulary or on its behalf purely using automated decision making software.

If you are subject to automated decision making, you are able to challenge and request a review of the decision (obtain human intervention, express your point of view and obtain an explanation of the decision and challenge it).

What is automated decision making?

Automated individual decision-making is a decision made by automated means without any human involvement.

Examples of this include an online decision to award a loan; and a recruitment aptitude test which uses pre-programmed algorithms and criteria.

Automated individual decision-making does not have to involve profiling, although it often will do.

What is profiling?

Any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements .

When can we carry out this type of processing?

If processing does not have legal or significant effects then Cheshire Constabulary can carry out profiling and automated decision-making. However, we will still need to comply with the data protection rules.

We can only carry out solely automated decision-making with legal or similarly significant effects if the decision is:

  • necessary for entering into or performance of a contract between us and you;
  • authorised by law (for example, for the purposes of fraud or tax evasion); or
  • based on your explicit consent.
  • the processing is necessary for reasons of substantial public interest (for special data). However, if you no longer have these details and you have concerns about this processing, you can contact: requests@cheshire.pnn.police.uk or telephone: 01606 362384
  • If you have been subject to Automated Decision Making, you should have been given contact details on how you can challenge or request human intervention at the time.
  • Challenging or requesting a review

Right to take action for compensation if the individual suffers damage by any contravention of the Act by data controllers

Any individual who believes they have suffered who has damage as a result of an infringement of the requirements of the Act may be entitled to receive compensation from Cheshire Constabulary or the processor where the Constabulary or processor is responsible for the event giving rise to the damage.

Damage includes financial loss, distress and other adverse effects, whether or not material. 

How to make a request to object

Any claim for compensation arising from this provision may be sent to:

Force Solicitors Office,
Cheshire Constabulary HQ,
Clemonds Hey,
Oakmere Road,
Winsford,
CW7 2UA

Right to lodge a complaint with the Information Commissioner

Any person can request the Information Commissioner to make an assessment if they believe that they are/have been adversely affected by the handling of personal data by Cheshire Constabulary. Such requests should be made directly to the Information Commissioner.

The Information Commissioner is the independent regulator responsible for enforcing the Act and can provide useful information about the Act’s requirements. The Information Commissioner’s Office may be contacted at the following address:

The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113 (01625 545700 if calling outside of the UK).

Generally if individuals have any concerns regarding the way their personal data is handled by Cheshire Constabulary or the quality (accuracy, relevance, non-excessiveness etc.) of their personal data they are encouraged to raise them with the Cheshire Constabulary Data Protection Officer (contact details below).

Telephone: 01606 362384

Email: requests@cheshire.pnn.police.uk

Mail: The Data Protection Officer, Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, CW7 2UA

Where you have provided your consent to Cheshire Constabulary, you have a right to withdraw consent at any time without any detriment to you.

Should you wish to withdraw consent, you should contact the department responsible at the time you gave your consent. However, if you no longer have these details, you can contact the Data Protection Officer:

Telephone: 01606 362384

Email: requests@cheshire.pnn.police.uk

Mail: The Data Protection Officer, Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, CW7 2UA

Cheshire Constabulary only keeps personal information as long as is necessary for the particular purpose or purposes for which it is held.

The NPCC Review Retention and Disposal Schedule 2017 provides the minimum standards for the retention and disposal of police records. Other records containing personal information relating to intelligence, custody, crime, firearms, child abuse investigations, domestic violence will be retained in accordance with the Management of Police Information 2006.

Personal information which is placed on the Police National Computer is retained, reviewed and deleted in accordance with the agreed national retention period which is subject to period change.

The Data Controller, as defined by the Data Protection Act 2018, is the Chief Constable of Cheshire Constabulary.

Any concerns regarding the collection and use of information should be addressed to the Constabulary’s Data Protection Officer:

Telephone: 01606 362384

Email: requests@cheshire.pnn.police.uk

Mail: The Data Protection Officer, Cheshire Constabulary Headquarters, Clemonds Hey, Oakmere Road, Winsford, CW7 2UA

Information Commissioner

Any person can request the Information Commissioner to make an assessment if they believe that they are/have been adversely affected by the handling of personal data by Cheshire Constabulary. Such requests should be made directly to the Information Commissioner.

The Information Commissioner is the independent regulator responsible for enforcing the Data Protection Act and advising on privacy rights.

Generally if individuals have any concerns regarding the way their personal data is handled by Cheshire Constabulary or the quality (accuracy, relevance, non-excessiveness etc.) of their personal data they are encouraged to raise them with the Cheshire Constabulary Data Protection Officer in the first instance (contact details above).

However, the Information Commissioner can be contacted as follows: 

Telephone: 0303 123 1113 (01625 545700 if calling outside of the UK).

Website: www.ico.gov.uk

Mail: The Information Commissioner’s Office, Wycliffe House, Wilmslow, Cheshire, SK9 5AF