West Yorkshire Liaison and Diversion – How we use your information
Liaison and Diversion is a process whereby people of all ages passing through the criminal justice system are assessed and those with mental health concerns, learning disabilities, substance misuse problems and other vulnerabilities are identified as soon as possible in the justice pathway. Liaison and Diversion (L&D) services aim to provide a prompt response to concerns raised by the police, probation service, youth offending teams or court staff, and provide critical information to decision-makers in the justice system, in real time, when it comes to charging and sentencing these vulnerable people. The team acts as a point of referral to ensure people can access, and are supported to attend, treatment and rehabilitation appointments.
1. Who we are
Wakefield Council Telephone: 01924 306112 Email: firstname.lastname@example.org If you have any questions regarding your information please contact: Liaison and Diversion Team Wakefield Council, 5 West Parade Wakefield, WF1 1LT Telephone: 01924 304155 The Council’s Data Protection Officer is the Corporate Information Governance Team Manager: Contact details: Tel: 01924 306112 Email: email@example.com
2. How we use your data:
To help us manage your case in the best way, Liaison and Diversion Service will share information about you with other agencies and gather information from relevant agencies for the purpose of providing you with support. Aggregated data may also be shared with NHS England for some research purposes and service development but when this is shared it is always anonymised. Types of information held by Liaison and Diversion for the purposes of providing a service to you are:
- Full name including and alternative names/aliases
- Age/date of birth
- Address (including previous addresses)
- Ethnicity (as defined by the individual)
- Details of current and previous offences
- Details of any relevant services currently or previously involved with
- Relevant health information essential for the safe conduct of assessment and delivery of interventions
We use your information to make sure our assessments are useful to you, and to make sure the support offered helps prevent further offending. We may share information with the following;
- Her Majesty’s Court and Tribunal Service (HMCTS)
- The Crown Prosecution Service
- The Prison Service
- The Police
- Your Solicitor
- Local Youth Offending Team (YOT)
- National Probation Service (NPS)
- Community Rehabilitation Company (CRC)
- Your Doctor
- Healthcare workers
- Drug and Alcohol Workers
- Adult and Children’s Social Care
- Local NHS mental health trust
- Other people or organisations you feel we should contact
If we do need to contact these then we will talk to you about it first. Your information will only be shared on a need to know basis. If you do not allow us to do this, then they may not be able to help you. Sometimes in special cases we have to give information to other agencies. This may be if we have to;
- Protect children from harm
- Protect adults from harm
- Stop or uncover serious crime
- If the courts say we must
- Help in a life threatening situation
3. What authority does Liaison and Diversion have to collect and use this information?
Conditional Cautions and Community Resolutions
We may process personal data to and from and on behalf of West Yorkshire Police as their appointed data processor under the terms and conditions of a data processing contract. We and rely on the Police lawful basis for the processing:
The Police are a Competent Authority (DPA 2018) and may process personal data including sensitive processing for the law enforcement purpose under Section 35:
(2) The processing of personal data for any of the law enforcement purposes is lawful only if and to the extent that it is based on law and
(b) The processing is necessary for the performance of a task carried out for that purpose by a competent authority.
(3) In addition, where the processing for any of the law enforcement purposes is sensitive processing, the processing is permitted where—
(5) (a) The processing is strictly necessary for the law enforcement purpose, and
(5) (b) The processing meets at least one of the conditions in Schedule 8, and
(5) (c) At the time when the processing is carried out, the controller has an appropriate policy document in place (see section 42).
The following Schedule 8 conditions apply:
(1) Statutory etc purposes
The Police are authorised in law to process personal data under the following
(2) Code of Practice for Adult Conditional Cautions 2013
(3) Domestic Violence, Crime and Victims Act 2004 supported by the provisions in the Code of Practice for Victims of Crime 2015
(4) The Rehabilitation of Offenders Act 1974
(5) The Offender Management Act 2007
(6) Anti-Social behaviour, Crime and Policing Act 2014
(7) Safeguarding Vulnerable Groups Act 2006
(8) Crime and Disorder Act 1998
The UK General Data Protection Regulation (UK GDPR) requires Liaison and Diversion to have a lawful reason for the collection and use of your personal data. This means that we have a duty under the Crime and Disorder Act 1998 and the Health and Social Care Act 2012 to collect and store information for the purposes of supporting you and help prevent you from further offending. Section 2 (Article 6 (1(b) and 1(e)) and Article 9 (2(h)). The information is held on database servers in an environment which is secured behind a managed firewall.
4. How long will we keep your data?
We will keep your personal information collected for the purpose(s) of section 2 in for up to 6 years.
5. Your rights and your personal data
Under the UK GDPR you have the following rights:
Right of Access
You have a right to see the personal information that Liaison and Diversion holds about you, and the right to be given a copy of the information subject to any lawful restrictions.
Right to Rectification
You have the right to request that Liaison and Diversion correct any personal data if it is found to be inaccurate, incomplete or out of date.
Right to Erasure
In certain circumstances, you may have the right to request that your personal details are deleted.
Right to Restriction of Processing
You have the right to request to ask about how your personal data is being processed to request that this is stopped subject to any lawful restrictions.
Right to Portability
You have the right to request that Liaison and Diversion provide you with your personal data and where possible, ask that it is shared with another organisation. However, this only applies to data that you have provided to us and not to all the information that Liaison and Diversion holds about you and does not apply to data held for the purpose of law enforcement.
Right to Object to Processing
In certain circumstances, you may have a right to object to the processing of your personal data.
Right of a Complaint
You have a right to complain to the Information Commissioner:
Information Commissioners Office
Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
6. Further Processing
If we wish to use your personal information for any other reason not covered in this notice we will inform you before we do this.