Data Protection FAQS
Our full privacy statements can be viewed here:
Our registration number with the Information Commissioner#s Office is ZA513031.
What type of individuals do you collect data about?
We collect data for two separate groups of people: members of the BCRP and offenders.
What is the lawful basis for collecting the information?
For our members the lawful basis is the ‘contract’ that we have with them by virtue of their membership of the BCRP. For offenders and CCTV subjects the lawful basis is ‘legitimate interest’ to protect our members and their property from harm and to prevent crime and disorder.
Do you ask for consent to collect information?
Our members give us consent by virtue of asking to be members of the scheme and completing an application form. Offenders and CCTV subjects do not give consent but we collect their information on the basis of ‘legitimate interest’.
What does ‘legitimate interest’ mean?
The BCRP has assessed the impact of its processing on offenders’ rights and freedoms, has balanced these with its members’ own rights, and has concluded that its members’ rights prevail over offenders’ rights in this specific matter. This means that the BCRP has a compelling reason to collect data without asking for permission to do so. For the BCRP it is to protect the property of our members and their staff and customers from crime and anti-social behaviour and to exclude from their premises any individuals who are proven threats to their property, staff or customers or disrupt the peaceful enjoyment that their customers expect from the goods and/or services that our members offer.
The BCRP processes Offenders’ personal data for the management of its Exclusion Scheme [see Exclusion Scheme FAQs page] on behalf of its members, to inform members of an offender’s modus operandi, to collate intelligence on criminal activity within the area of the scheme’s operation and to contribute to legal proceedings against offenders where appropriate.
Wherever possible we also try to prevent people from being excluded by writing to them beforehand. For young people we also have a ‘Putting it Right’ scheme to try to stop them from offending at an early stage and a separate policy on processing their personal data.
CCTV subjects images are captured in pursuit of the above aims but are deleted automatically after the prescribed period oftime.
What specific data do you collect about members of the BCRP?
A contact name, the name of the company, the company’s address, email address and telephone number.
What specific information do you collect about offenders?
Name, date of birth, address [if possible] and other contact details, photographic image and details of any offences against our members. We collect offender’s addresses so we can write to them to explain what information we have and what we intend to do with it. For the purposes of identification we might also record their ethnicity. If the offender has a medical condition that means they are prone to violence we may also record this to ensure the safety of our members.
Who do you share the information with?
The information on our members is not shared with anyone. The information about offenders may be shared with our members and also statutory agencies e.g. police, Youth Offending Service. Any medical information collected is not generally shared with members but only with those who may need to know e.g. security personnel. We do not share an offender’s address with our members except for the purposes of civil recovery proceedings which are very rare.
We may also share offender information with other neighbouring BCRPs and national agencies if there is reason to believe that the offender travels from place to place committing offences.
CCTV images (both stills and video footage) can be shared with the general public via social media or traditional news outlets if it relates to the identification of individuals connected with criminal activity. In each case the opinion of the Officer in Charge of an investigation will be sought to ensure it does not interfere with any aspect of the case.
Do you collect information about children?
We do not collect information about anyone younger than 14. We have a separate policy on the collection of children’s information between the ages of 14 and 18 with specific safeguards and checks to ensure they are treated fairly.
Images of children will be captured on CCTV, but footage will not be shared or used in any way except in exceptional circumstances relating to safeguarding matters.
How long do you keep information?
For our members we only keep information they have supplied for as long as they are members of the BCRP.
For offenders we keep the information for 12 months [6 months for children] and it may be shared with our members during that period. If no further report is submitted during the 12  months, the offender’s data will be withdrawn from members at the expiry of that period. It will be retained for a further 12  months in the scheme’s database (which can only be accessed by the Data Controller and authorised personnel) after which time, if no further incidents are reported, it will be irrevocably deleted.
CCTV subject data is automaticaly deleted after 1 month.
Can an offender find out what information the BCRP holds about them?
Yes, and so can members. You can use the form on the Contact Us page or phone or email us. But to protect your privacy we prefer requests to be in writing to Board of Management, Rock House, Cambridge Road, Hastings TN34 1DT. We may have to ask you to prove that you really are the person you are asking for information about.
What can I do if I want to complain about the BCRP collecting information without consent or for any other reason (other than appeals against exclusions)?
You can complain directly to us by e-mailing firstname.lastname@example.org.
Complaints against members or their employees will be dealt with by the board of management who will gather all pertinent facts available and review these against current policies and procedures. The complainant may be called upon for further information and in any case will be notified of the outcome. Actions that may be taken include (but are not limited to):
- Finding of no case to answer
- An unofficial reprimand or advice to members on minor breaches of protocols
- An official warning of the need to comply with the rules of the scheme
- Cancellation of membership and revocation of all access to databases
- Report of member to other authorities if any laws are suspected of having been broken
Where a complaint is against a member of the board of management the complaint will be investigated by other members of the board. Where only one other member of the board exists that board member will call upon the assistance of a relevant partner or a board member from another Sussex BCRP to assist in the investigation.
Any appeal against the findings of a complaint investigation will be directed to an independent arbitration body.
You can also complain to the Information Commissioner online at https://www.ico.org.uk/concerns/handling/