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Community Safety and Neighbourhood Enforcement Teams Privacy Notice

We keep the Community Safety and Neighbourhood Enforcement Teams Privacy Notice under review. It was last reviewed and updated in December 2022.

If you have any questions about this Privacy Notice contact the council’s Data Protection Officer.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.

This privacy notice should be read in conjunction with the City of York Council main privacy notice.

If you have any questions about this Privacy Notice contact the council’s Data Protection Officer.

Personal data

The data we may collect includes:

  • your name, address, telephone number and email address when you contact us, if this has not already been provided
  • details of your request
  • names and addresses of a business or person complained or enquired about
  • details collected as part of our investigations and enforcement actions
  • photos, video images, sound and audio recordings

See further details about how we define personal data and non-personal data.

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Collecting personal data

We will collect your personal data when:

  • dealing with complaints and enquiries
  • providing advice about compliance with the law
  • carrying out checks
  • conducting investigations and law enforcement

We will collect and use special category personal data, or ‘sensitive’ personal data when:

  • conducting investigations and gathering evidence for law enforcement purposes

See further details about the steps we take when we collect your personal data.

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Community Safety and Neighbourhood Enforcement Teams areas of responsibility

See further details about the areas of responsibility for the Community Safety and Neighbourhood Enforcement Teams:

Environmental areas of responsibility

  • Alcohol Restriction Zone enforcement (Public Space Protection Order)
  • Advertising of 2 or more vehicles within 500 metres on the highway
  • Dangerous dogs (perception not actual dog on person attacks)
  • Dog on dog attacks
  • Dog fouling on public land (Fouling of Land Act) and private (CPN route)
  • Dog chipping - ability to serve Notice requiring a dog is chipped in cases involving wider ASB only
  • Dogs on leads byelaws (prescribed land)
  • Dogs straying persistently (CPN route)
  • Domestic Waste Permits (fraudulent use of)
  • Duty of Care - commercial/trade waste/domestic responsibilities regarding rubbish
  • Drainage - defective private drains, cess pits and septic tanks (above land drainage is dealt with by Housing Adaptations and Standards)
  • Fly-posting/unauthorised advertisements
  • Fly-tipping - public and private land - FPN (small-scale) or prosecution
  • Horses on public land - scanning for ownership/identification of owners/redirection to Horse Bailiff
  • Littering
  • Noise nuisance - domestic
  • Noise Patrol - Friday and Saturday 9.00pm to 3.00am
  • Public Space Protection Order (PSPO) enforcement
  • Rats and mice - harbourage on land
  • Repairing vehicles on the highway (unless breakdown)
  • Scrap metal dealers - illegal transportation and/or disposal of scrap metal
  • Statutory nuisance - accumulations, animals and premises that are prejudicial to health or a nuisance (EPA 1990)
  • Street ASB - including nuisance buskers, sellers, beggars, rough sleepers. Must be associated ASB (CPN route)
  • Street urination or defecation - breach of byelaw
  • Unauthorised encampments
  • Unsightly properties - overgrown/waste (CPN route)
  • Waste presentation - incorrect presentation of domestic waste - bins and bags
  • Waste Carriers and Waste Transfer documentation

Anti Social Behaviour powers and areas of responsibility

  • Public Space Protection Orders (PSPOs) - Includes Alcohol Restriction Zones
  • Community Protection Notices (CPN) - For all ASB ‘having a detrimental effect of a persistent/continuing nature on the quality of life of those in the vicinity’
  • Generic Power - Can be used for a wide range of ASB but not where substantive legislation exists. The power should not be used to have a detrimental impact on those affected by homelessness. Examples of use are: nuisance busking and selling, nuisance associated with begging, straying dogs, condition of gardens and buildings

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Depending on the processing activity, we rely on the following lawful basis for processing your personal data under the UK GDPR:

  • Article 6(1)(c) so we can comply with our legal obligations
  • Article 6(1)(d) in order to protect your vital interests or those of another person
  • Article 6(1)(e) for the performance of our public task(s)
  • Article 6(1)(f) for the purposes of our legitimate interest(s)

Where the information we process is special category (sensitive) data, the additional bases for processing that we rely on are:

  • Article 9(2)(a) your explicit consent
  • Article 9(2)(b) which relates to carrying out our obligations and exercising our rights in employment and the safeguarding of your fundamental rights
  • Article 9(2)(c) to protect your vital interests or those of another person where you are incapable of giving your consent
  • Article 9(2)(f) for the establishment, exercise or defense of legal claims
  • Article 9(2)(g) where processing is necessary for reasons of substantial public interest
  • Article 9(2)(j) for archiving purposes in the public interest

In addition we rely on the processing condition at Schedule 1 part 1 paragraph 1 of the DPA 2018.

Examples of the legislation we rely on are:

  • Crime and Disorder Act 1998
  • Equality Act 2010
  • Anti-Social Behaviour, Crime and Policing Act 2014
  • Police, Crime, Sentencing and Courts Act 2022
  • Highways Act 1980
  • Local Government (Miscellaneous Provisions) Act 1976
  • Local Government Act 1972 (including associated byelaws created in accordance with this legislation)
  • Open Spaces Act 1906
  • Clean Neighbourhoods and Environment Act 2005
  • Building Act 1984
  • Control of Pollution Act 1974
  • Pests Act 1954
  • Criminal Damage Act 1971
  • Town and Country Planning Act 1971
  • Criminal Justice and Public Order Act 1994
  • Public Health Acts 1936 and 1961
  • Refuse Disposal (Amenity) Act 1978
  • Environmental Protection Act 1990
  • Environment Act 1995
  • Planning and Compensation Act 1984
  • Public Health (Control of Disease) Act 1984
  • Police and Criminal Evidence Act 1984
  • Prevention of Damage by Pests Act 1949
  • Dogs Act 1871 and 1906
  • Dogs (Fouling of Land) Act 1996
  • Municipal Corporations Act 1882
  • Dangerous Dogs Act 1989 and 1991
  • Dangerous Dogs (Amendment) Act 1997
  • Scrap Metal Dealers Act 2013

Criminal convictions and offences

Where we have to process information about criminal convictions and offences, the lawful basis we rely to process this data is:

  • Article 6(1)(e) for the performance of our public task

In addition, we rely on the processing condition at Schedule 1 part 2 paragraph 6(2)(a) of the DPA 2018.

  • Article 6(1)(b) for the performance of a contract

In addition , we rely on the processing condition at Schedule 1 part 1 paragraph 1 of the DPA 2018.

See further details about law enforcement: City Of York Council Law Enforcement Processing Privacy Notice.

See further details about how we use your personal data.

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Sharing personal data

We take your privacy seriously and will not share your personal data unless it is strictly necessary. We do not sell your personal data to third parties.

The information we collect may be included in presentations, statistics and reports. Any presentations, reports and statistics for publication or use outside of the authorised council staff, will be anonymised and cannot be linked back to you or individuals. Reports containing anonymous information may also be shared with the general public and other organisations.

When we work with external partners, such as the RSPCA for stray dog services, we will have an agreement in place with them which covers the use of your personal information as described in this privacy notice.

Read the RSPCA’s privacy notice for the York, Harrogate & District Branch.

We may disclose your personal data where we are required or permitted to, under data protection legislation, without your explicit consent, for example if we have a legal obligation to do so, such as for:

  • law enforcement
  • fraud investigations
  • regulation and licensing
  • criminal prosecutions
  • court proceedings

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Retaining personal data

We will only keep your information for as long as required for example six years in line with the Limitations Act 1980, in case it's required for legal purposes, and then we will securely and confidentially destroy it.

At the end of the retention period, we may pass any relevant information to the City Archives where it is required or appropriate to do so.

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Further processing of personal data

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.

The new notice will:

  • explain this new use before we start the processing
  • set out the relevant purposes and processing conditions

Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.

See further details about the further processing of personal data.

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Your rights relating to personal data

When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.

See further details of your rights relating to personal data.

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145