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The Prisons and Probation Ombudsman (PPO) has two main duties:
The purpose of these investigations is to understand what happened, to correct injustices and to identify learning for the organisations whose actions we oversee so that we can make a significant contribution to safer, fairer custody and offender supervision.
The PPO is a “public authority” as defined by the Freedom of Information Act 2000. The PPO carries out specific tasks in the public interest. The PPO’s lawful basis for processing personal data is Article 6(1)(e) (public task) of the GDPR: processing is necessary for the performance of a task carried out in the public interest. Our processing is necessary for the performance of a task carried out in the public interest as it is necessary for the administration of justice and the exercise of a function of the Crown, a Minister of the Crown or a government department.
The processing of “special categories of data” (which includes criminal convictions) is prohibited under GDPR unless an exception applies. “Substantial public interest” is an exception and for the PPO this includes the exercise of a function of the Crown, a Minister of the Crown or a government department and for the administration of justice.
This policy document explains the PPO’s procedures for securing compliance with the principles in Article 5 of the GDPR (principles relating to processing of personal data) and explains the PPO’s policies as regards the retention and erasure of personal data.
Data and information
The PPO is registered as a Data Controller with the Information Commissioner’s Office, to process personal information for the purposes of:
PPO investigations are conducted according to the Terms of Reference agreed with the Secretary of State for Justice. The purpose of any PPO investigation is to:
The PPO collects personal information for the performance of its task, carried out in the public interest. We collect information from multiple sources and, at any one time, can be processing personal information about various individuals including:
Personal and sensitive information is collected by the PPO for the purpose of a complaint investigation or a fatal incident investigation. The type of personal and/or sensitive information we collect about any one of the individuals listed above can include:
There may be occasions when the PPO is obliged to disclose personal data shared during the interview and wider investigation process. For example, evidence provided to the PPO may be shared with specialist advisers and with other investigatory bodies including the police, where that is necessary for the purposes of the PPO investigation, for a criminal investigation or for the inquest in the case of a fatal incident investigation.
Personal and sensitive information may be shared with others including the family, associates and representatives of the person whose personal data we are processing; with those making an enquiry or complaint; with organisations subject to a complaint or investigation; with prosecuting authorities or courts; and with other central government bodies.
In order to share the lessons from individual investigations, and to prevent further complaints and the risk of more deaths in custody, illustrative case studies are published as part of the Ombudsman’s annual report and within their Learning Lessons publications. All case studies are drafted in such a way as to exclude all personal data and so to protect the identification of the subject. Themes from investigations will also be identified and published in order to improve future practice.
The PPO investigates the deaths of children and young people in young offender institutions, secure training centres, secure children’s homes etc. We also investigate complaints from children and young people in young offender institutions and secure training centres. This means that there will be occasions when, in the performance of our public task, we are obliged to process data on children and young people.
All personal data held by the PPO will be:
Data and information for marketing purposes
We may collect personal data to send updates about our work, including invitations to events, the issuing of press releases, the publication of reports. We maintain separate contact lists for our promotional communications. Data provided for marketing purposes will be held securely and will not be available to other organisations.
Everyone can ask not to receive such communication at any time. Information on how to do this will be included in every communication.
Investigation evidence is retained only for as long as is necessary in order to satisfy the Ombudsman’s remit, as described in the Terms of Reference.
We have appointed a Data Protection Officer. To get in touch, please contact:
Prisons and Probation Ombudsman
PO Box 70769
Tel: 0207 633 4100
Fax: 0207 633 4141