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Restorative justice privacy notice

You can also read an easy read version of the restorative justice privacy notice (PDF, 214.1 KB).

This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.

We keep this privacy notice under regular review and was last updated in June 2021.

Who we are

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (UK GDPR)  and the Data Protection Act 2018 (DPA 2018). We are responsible as ‘controller’ of that personal information. Our Data Protection Officer is Benjamin Watts.

The Youth Justice service (part of Integrated Children’s Services) works with young people aged 10-17 that have committed crimes. We also have a duty to provide information and offer support to all those who have been affected by youth crime committed by the young people we work with.

Personal information we collect and use

Information collected by us

We also obtain personal information from the Police:

  • name, address, phone number, email address, date of birth, and gender
  • ethnicity and disability
  • if you are under 18 years old, your parent’s name, contact details and address
  • the offences committed against you

We use this information to contact you to offer you a service. If you choose not to receive a service from us, we will only record your age, gender and ethnicity.

If you agree to work with us, we will also collect information regarding:

  • vulnerabilities including neurodiversity and special educational needs
  • your thoughts and feelings about the offence(s) committed against you, including the impact of crimes on you, which could include: physical injuries, psychological, financial, emotional, safeguarding risk.

How we use your personal information

We use your personal information to:

  • contact you to offer support
  • enable restorative work to support you and to support the young person to understand the harm they have caused
  • contact you to give you the opportunity to provide feedback in a survey about the service and support you have received. You can do this without providing your name or any information that can identify you. If you decide to participate in Restorative Justice, we will record your overall satisfaction score within our case management secure system
  • to produce reports regarding victim statistics and data on a regular basis and produce quarterly/monthly data reports. Any information used in reporting is de-identified to ensure that no individuals can be re-identified. This is achieved by not including any personal details in reports other than the above-mentioned age, gender, and ethnicity.

How long your personal data will be kept

We only keep your information for as long as you consent to working with the service. If you decline further involvement (communicated to us via telephone call, letter, email etc,), the young person’s Court Order/Disposal has finished, or the restorative work has been completed, your information is made inaccessible to system users or securely destroyed.

Reasons we can collect and use your personal information

We collect and use your personal information to carry out tasks in the public interest, and to fulfil our statutory obligations (to support our legal duty to offer victim support as part of the ‘Code of Practice for Victims of Crime in England and Wales’ November 2020).  We rely on the following legal bases under the UK GDPR:

  • Article (6)(1)(e) - public interests: the processing is necessary to perform a task in the public interest or for official functions (task or function has a clear basis in law).
  • Article (6)(1)(c) Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).

When we collect or share special categories of personal data, we rely on the following reasons of substantial public interest (statutory purposes and equality of opportunity or treatment):

  • Article (9)(2)(g) Reasons of substantial public interest (with a basis in law)

We rely on the ‘Equality of opportunity or treatment’ purpose condition from Schedule 1 of the Data Protection Act 2018 when relying on Article(9)(2)(g) to process your special category data.

Ongoing work with you is on the basis of your permission/agreement to receive support or to participate in the restorative justice programme.

Who we share your personal information with

  • The commissioned provider of victim support and restorative justice services (services which might help you or your family, but only if you would like us to), commissioned by the Police and Crime Commissioner on behalf of KCC.
  • Workers in our team who are working with the young person (with your consent) so that they can understand the impact their behaviour has had on you
  • The KCC Management Information team to produce statistical reporting.

We will share personal information with law enforcement or other authorities if required by applicable law.

Your rights

Under UK GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioners Office
  • withdraw consent at any time (if applicable).

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways.

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals’ rights under the UK GDPR.

If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.

The UK GDPR also gives you right to lodge a complaint with the Information Commissioner who may be contacted on 03031 231113.

Read our corporate privacy statement.