An officer can stop and search you if they have a genuine suspicion in their mind that items that could be used to commit crime, or are evidence of an offence (such as stolen property or weapons), will be found on you.
Being stopped and searched doesn’t mean you’re under arrest or have necessarily done anything wrong, and it doesn’t mean you will have a criminal record.
The Officer will be able to explain what information or behaviour has caused them to be suspicious and stop and search you. You can read more about Stop and Searches on the North Yorkshire Police website.
The Chief Constable of North Yorkshire Police is committed to protecting your personal information.
This Privacy Notice contains important information about what personal details we collect; what we do with that information; who we may share it with and why; and your choices and rights when it comes to the personal information you have given to us.
We may need to make changes to our Privacy Notice, so please check our website for updates from time to time. If there are important changes such as changes to where your personal data will be processed, we may need to contact you to let you know.
Who we are?
This Privacy Notice is provided to you by the Chief Constable of North Yorkshire Police who is the data controller of this data.
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified. Identification can be directly using the data itself, or by combining it with other information which helps to identify a living individual. The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR”) and the Data Protection Act 2018, and other legislation relating to personal data and rights, such as the Human Rights Act.
The data we may collect about you:
Personal Data that we may collect includes:
Name and address to verify your identity;
Date and time of your stop and search;
Location of your stop and search;
Details about what you were doing in that area and where you were heading;
Under certain circumstances, where permitted by appropriate legislation, your fingerprint (the fingerprint will be used to search for a match on the Immigration Database and Police National Computer);
Where your fingerprint has been captured, a record of the search for your fingerprint.
Special category personal data may include personal data revealing:
Racial or ethnic origin;
Religious or philosophical beliefs;
Trade Union membership;
Physical or mental health;
Sex life or orientation;
Genetic or biometric data.
North Yorkshire Police will use the minimum amount of personal information necessary to carry out a particular activity.
What is the legal basis for processing your personal data?
The Chief Constable of North Yorkshire Police may process personal data under Part 3 of the Data Protection Act 2018, Section 35(2)(b) – the processing is necessary for the performance of a law enforcement task carried out for that purpose by a competent authority.
Where we process special categories of personal data, we will do so for one or more of the following reasons;
It is necessary for the exercise of a statutory function; and
It is necessary for the administration of justice.
The Data Controller will comply with data protection law. This says that the personal data we hold about you must be:
Used lawfully and fairly;
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
Relevant to the purposes we have told you about and limited only to those purposes;
Accurate and kept up to date;
Kept only as long as is necessary for the purposes we have told you about;
Kept and destroyed securely, including ensuring that appropriate technical and security measures are in place to protect your personal data and to protect personal data from loss, misuse, unauthorised access and disclosure.
Sharing your personal data:
We may share your personal data internally with relevant departments for the purpose of fulfilling one or more of the above stated legal bases. We may also engage the services of other agencies to meet legal requirements, or fulfil another lawful basis.
Where we have arrangements to share your personal data, there is a contract, memorandum of understanding or information sharing agreement in place to ensure that the requirements of the Data Protection legislation on handling personal information are met. Where we are required to disclose information by law, for example for safeguarding purposes, we may do so without these arrangements.
We engage with third party processors who handle some, or all, of the above mentioned information on our instruction.
NYP will take steps to ensure any disclosures of personal data are necessary and proportionate, as required by law. Whenever we share your personal information, sharing options will be evaluated to ensure that your data is shared in the most secure manner.
How do we keep your personal information secure?
We are committed to ensuring that your personal data is safe and processed securely. In order to prevent your personal data from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed, we have put in place suitable physical, electronic and managerial measures. These include information security awareness training for our staff. We have also compiled procedures to safeguard and secure the information that we hold about you which our staff adhere to.
We limit the access to your personal information to those employees who have a business need to know, for instance through secure work areas and access controls on all of our systems. Employees, contractors and other third parties who handle personal data will only process your personal information in line with our direct instructions.
How long do we keep your personal information?
North Yorkshire Police keeps your personal information as long as is necessary for the particular purpose, or purposes, for which it is held.
Records that contain your personal information processed for “general data” purposes will be managed in accordance with the Force’s Retention Schedule.
Other records that contain your personal information and which was processed for law enforcement purposes are retained in accordance with the College of Policing guidance on the Management of Police Information and North Yorkshire Police Record Retention Policy.
Your rights and personal data:
A key area of change in the new Data Protection Act relates to individuals’ rights. The law refreshes existing rights by clarifying and extending them and introduces new rights.
However your information rights will be dependent on the reason why the data was collected, how the data was collected and why it is being used.
Further information about your rights can be found on our Data Protection page.
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, we may provide you with a new notice explaining this new use and setting out the relevant purposes and processing conditions, prior to commencing the processing. We will seek your prior consent to the new processing if this is appropriate.
Details as to how we can be contacted, as well as how you can submit a complaint is available on our website. Please see our privacy notice.
This version of our Privacy Notice was last updated on 7 February 2020.