Information Rights

Your information rights will be dependent on the reason why and how the data was collected and why it is being used.

General data processing

The UK GDPR stipulates how personal data should be processed. General data is data which is processed for a reason not involving law enforcement or national security.

Your information rights in relation to personal data considered as “general data” are:

• Right to be Informed: This places an obligation upon North Yorkshire Police to tell you how we obtain your personal information and describe how we will use, retain and store it, but also who we may share it with. We have written Privacy Notices to explain how we will use your personal information and tell you what your rights are under the legislation.
• Right of Access: This is commonly known as subject access and is the right which allows you access to your personal data and supplementary information, however it is subject to certain restrictions. Click here for application process.
• Right to Request Rectification: You are entitled to have your personal data rectified if it is inaccurate and completed if it is incomplete. Click here for application form.
• Right to Erasure: The right to erasure is also known as ‘the right to be forgotten’. This right enables you to request the deletion or removal of personal data where there is no compelling reason for its continued processing. Click here for application form.
• Right to Restrict Processing: Individuals have a right to ‘block’ or suppress processing of personal data. When processing is restricted, organisations are permitted to store the personal data, but not further process it.
• Right to Data Portability: The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services.
• Right to Object: Individuals have the right to object to:
  • The processing of your personal data based on legitimate interests or the performance of a task in the public interest or exercise of official authority (including profiling);
  • The processing of their personal data for direct marketing (including profiling); and
  • The processing of their personal data for the purposes of scientific/historical research and statistics.
• Rights relating to Automated Decision Making: Automated individual decision making and profiling is a decision made by automated means without any human involvement. You have the right not to be subject to a decision based solely on automated profiling, except in certain circumstances or where we have gained your explicit consent to do so.
• Right to complain to the Information Commissioner: ico.org.uk

Law Enforcement Processing

North Yorkshire Police are a “competent authority” and can lawfully process personal data for law enforcement purposes. How data should be processed for law enforcement purposes is documented in Part 3 of the UK Data Protection Act 2018.

Law enforcement purposes are considered as prevention and detection of crime, investigation, detection or prosecution of criminal offences, the execution of criminal penalties or the safeguarding against and the prevention of threats to public security.

Your information rights in relation to your personal data processed for law enforcement purposes are:

• Right to be Informed: This places an obligation upon North Yorkshire Police to tell you how we obtain your personal information and describe how we will use, retain and store it, but also who we may share it with. We have written Privacy Notices to explain how we will use your personal information and tell you what your rights are under the legislation.
• Right of Access: This is commonly known as subject access and is the right which allows you access to your personal data and supplementary information, however it is subject to certain restrictions. Click here for application process.
• Right to Rectification:  You are entitled to have your personal data rectified if it is inaccurate and completed if it is incomplete. You can also request the deletion or removal of personal data where there is no compelling reason for its continued processing. Click here for application form.
• Right to Erasure or Restriction: You have the right to request the deletion or removal of your personal data and/or the right to ‘block’ or restrict the processing of your personal data where there is no compelling reason for its continued processing. Click here for application form.
• Rights relating to Automated Decision Making: Automated individual decision making and profiling is a decision made by automated means without any human involvement. You have the right not to be subject to a decision based solely on automated profiling, except in certain circumstances or where we have gained your explicit consent to do so.
• Right to complain to the Information Commissioner: ico.org.uk

Custody Images

Further information on Custody Image deletion can be found here: Custody Image Deletion.  When an application for erasure of records is received, the associated custody images will also be reviewed.  You can use the Rectification and Erasure application form if you want to apply specifically for custody image deletion. Click here for application form.

Nationally held records

Records held on the National DNA Database (NDNAD), National Fingerprint Database (IDENT1) and/or the Police National Computer (PNC) are subject to a separate review process.  This can be accessed here: ACRO Criminal Records Office - Record deletion