This document explains how the Isle of Man Constabulary obtains, holds, uses and discloses information about people (their personal information), the steps we take to ensure that it is protected, and also describes the rights individuals have in regard to their personal information handled by the Isle of Man Constabulary. It has been updated to take into account the General Data Protection Regulation (GDPR) and Law Enforcement Directive (LED) as they are presented in Isle of Man Legislation, the Data Protection Act 2018.
The use and disclosure of personal information is governed in the Isle of Man by the Data Protection Act 2018 (‘the Act’). The Chief Constable of the Isle of Man Constabulary is registered with the Information Commissioner on the Isle of Man and in the United Kingdom as a ‘data controller’ for the purposes of the Act. The Constabulary are obliged to ensure that the Isle of Man Constabulary handles all personal information in accordance with the Act.
The Isle of Man Constabulary takes that responsibility very seriously and takes great care to ensure that personal information is handled appropriately in order to secure and maintain individuals’ trust and confidence in the force. The Constabulary only keeps that personal information which they are lawfully required to process.
The Constabulary holds both information for the General Data Protection Regulation and the Law Enforcement Directive. It is fair to say that the majority of the information held by the Constabulary is within the Law Enforcement Directive (LED). It is important to understand that processing requirements placed on the Constabulary in respect of the LED information are different from those under the GDPR.
The Isle of Man Constabulary obtains, holds, uses and discloses personal information for specific purposes established in law commonly referred to as the Policing Purpose. These Policing purposes provide the legal basis for collecting, recording, evaluating, sharing and retaining police information. The Isle of Man Constabulary will hold information relating to a range of individuals including victims, witnesses, complainants, suspects and offenders, in connection with this Policing Purpose as well as details of others who work for or with.
We need details such as name, address, date of birth in order to process these kinds of information.
It is important to remember that the Constabulary is the provider of the de-facto criminal record to the judiciary and is empowered to do so under regulation of the Police Powers and Procedures Act 1998.
Retention, disposal and other matters concerning staff information will be coordinated and dealt with in conjunction with the Office of Human Resources of the Isle of Man Government.
In order to carry out its purposes above the Isle of Man Constabulary may obtain, use and disclose personal information relating to a wide variety of individuals including the following:
The Isle of Man Constabulary will only use appropriate personal information necessary to fulfil a particular purpose or purposes. Personal information could be information which is held on a computer, in a paper record i.e. a file, as images, but it can also include other types of electronically held information i.e. CCTV images.
The Isle of Man Constabulary will only process your personal information if there is a legal reason for us to do so.
We may rely on legislation and the law to do this but it should be recognised that the role of the Constabulary is relatively broad.
The Constabulary primarily concerns itself with:
In order to carry out its purposes the Isle of Man Constabulary may obtain, use and disclose personal information relating to or consisting of the following:
The Isle of Man Constabulary will only use appropriate personal information necessary to fulfil a particular purpose or purposes. Personal information could be information which is held on a computer, in a paper record i.e. a file, as images, but it can also include other types of electronically held information i.e. CCTV images.
In order to carry out the purposes described under paragraph 1 above the Isle of Man Constabulary may obtain personal information from a wide variety of sources, including the following:
The Isle of Man Constabulary may also obtain personal information from other sources such as its own CCTV systems, or correspondence.
In order to achieve the aims and principles of policing the Constabulary applies the principles of the Management of Police Information Guidance in the College of Policing Authorised Professional Practice. A link to this guidance can be found here:
In order to achieve the purposes the Isle of Man Constabulary will handle personal information in accordance with the Act. In particular we will ensure that personal information is handled fairly and lawfully with appropriate justification. We will ensure that any personal information used by us or on our behalf is of the highest quality in terms of accuracy, relevance, adequacy and non excessiveness, is kept as up to date as required, is protected appropriately, and is reviewed, retained and securely destroyed when no longer required. We will also respect individuals’ rights under the Act (see paragraph 8 below).
The Isle of Man Constabulary keeps personal information as long as is necessary for the particular purpose or purposes for which it is held. Personal information which is placed on the Police National Computer is retained, reviewed and deleted in accordance with agreed national retention period which are subject to period change. Other records containing personal information relating to intelligence, custody, crime, firearms, child abuse investigations, domestic violence will be retained in accordance with the guidance above.
Unlike the United Kingdom the Constabulary is the holder of the de-facto criminal record by order of Tynwald as part of the regulations under the Police Powers and Procedures Act 1998.
Your personal information may be permanently retained for research use at the Isle of Man Public Record Office if the records containing your personal information are selected for permanent preservation under the Public Records Act 1999. The Isle of Man Public Record Office preserves records of Isle of Man public authorities that are of long-term historic and cultural value.
Access to and use of records at the Isle of Man Public Record Office is governed by legislation, in particular the Public Records Act 1999, the Public Records Order 2015 and the Freedom of Information Act 2015. Some records are made available to the public for research use, whilst others are covered by access restrictions to ensure sensitive information that should be confidential for a period of time is protected. Where your personal information is included in records transferred to the Record Office, an assessment will be made of whether the records should be covered by an access restriction based on this legislation. Access restrictions will be applied to records as appropriate under this legislation to prevent unlawful access to your personal information. Your personal information will not be used by the Isle of Man Public Record Office for any automated decision making.
The Isle of Man Public Record Office is part of the Department of Economic Development and can be contacted at: public.records@gov.im, or Unit 40A Spring Valley Industrial Estate, Braddan, Isle of Man, IM2 2QS.
The Isle of Man Constabulary takes the security of all personal information under our control very seriously. We will comply with the relevant parts of the Act relating to security, and seek to comply with the Association of Chief Police Officers’ Community Security Policy and relevant parts of the ISO27001 Information Security Standard. We will ensure that appropriate policy, training, technical and procedural measures are in place, including audit and inspection, to protect our manual and electronic information systems from data loss and misuse, and only permit access to them when there is a legitimate reason to do so, and then under strict guidelines as to what use may be made of any personal information contained within them. These procedures are continuously managed and enhanced to ensure up-to-date security.
The Isle of Man Constabulary may monitor or record and retain telephone calls, texts, emails and other electronic communications to and from the force in order to deter, prevent and detect inappropriate or criminal activity, to ensure security, and to assist the purposes described in this document.
In order to carry out the purposes described under paragraph 1 above the Isle of Man Constabulary may disclose personal information to a wide variety of recipients in any part of the world, including those from whom personal information is obtained (as listed above). This may include disclosures to other law enforcement agencies, partner agencies working on crime reduction initiatives, partners in the Criminal Justice arena including other Government departments with similar or aligned responsibilities, Victim Support, and to bodies or individuals working on our behalf such as IT contractors or survey organisations. We may also disclose to other bodies or individuals where necessary to prevent harm to individuals. Information provided to Victim Support will only be provided on the basis of consent of the individual.
Disclosures of personal information will be made on a case-by-case basis, using the personal information appropriate to a specific purpose and circumstances, and with necessary controls in place. Some of the bodies or individuals to which we may disclose personal information are situated outside of the European Union - some of which do not have laws that protect data protection rights as extensively as in the Isle of Man. If we do transfer personal information to such territories, we will take proper steps to ensure that it is adequately protected as required by the Act.
The Isle of Man Constabulary will also disclose personal information to other bodies or individuals when required to do so by, or under, any act of legislation, by any rule of law, and by court order. This may include disclosures to the Child Support Agency, the National Fraud Initiative, the Home Office and to the Courts.
The Isle of Man Constabulary may also disclose personal information on a discretionary basis for the purpose of, and in connection with, any legal proceedings or for obtaining legal advice.
You can ask to see what information we hold about you by submitting a Subject Access Request to the Office Data Protection Officer.
Where possible we will provide you with access to the information we hold about you so that you can view this information and provide a means for you to have this information changed if it is not accurate.
Alternatively you can ask for the information we hold about you to be changed by making a request to the Constabulary Data Protection Officer.
In certain circumstances you can ask for your information to be deleted. Please note that as part of the Isle of Man Government statutory functions some information may need to be retained.
If you are unhappy with the way we deal with your personal information you can submit a complaint to the Constabulary Data Protection Officer who will work with you to resolve any issues.
The Information Commissioner is the independent authority responsible for upholding the public's information rights and promoting and enforcing compliance with the Island's information rights legislation. Further information can be found on the Information Commissioner's website.
You have the right to request the Information Commissioner to undertake an assessment as to whether the processing of your personal data has been carried out in accordance with the provisions of the Data Protection Act 2018.
The most commonly exercised right is that used by individuals to obtain a copy, subject to exemptions, of their personal information processed by the Isle of Man Constabulary. Alternatively individuals may contact the Isle of Man Constabulary Data Protection Officer. It should be noted that the rights of subject access for the LED are different from those available within the GDPR. The Constabulary does have a form for this purpose which is available upon request but requests will be processed through contact with the Data Protection Officer.
Generally if individuals have any concerns regarding the way their personal information is handled by the Isle of Man Constabulary or the quality (accuracy, relevance, non-excessiveness etc.) of their personal information they are encouraged to raise them with the Isle of Man Constabulary Data Protection Officer.
This Privacy Notice may change. We will not reduce your rights under this Privacy Notice without your consent. If any significant change is made to this Privacy Notice we will provide a prominent notice on this website so that you can review the updated Privacy Notice.
This privacy notice was last updated in May 2018.
Under the Act you have a right of access to your personal information and to check the accuracy of that data by making a Subject Access Request.
A subject access request is made by contacting the Data Protection Officer below
In certain circumstances a charge may apply.
Subject access requests must be responded to promptly and in any event within a maximum of 1 month.
Address:
Information Governance Manager
Isle of Man Constabulary
Police Headquarters
Dukes Avenue
Douglas
Isle of Man
IM2 4RG
Tel: 01624 694327 or 01624 631212
Email address: DPO-Police@gov.im or PoliceFOI@gov.im
