The categories of the information that we collect, process, hold and share include:
Name and contact details for the following categories of data subject:
- Members of the public who are responsible for making malicious false alarm fire calls to the Fire Service (to include details their actions/events)
- responsible person of a business/commercial premises (on behalf of the business/organisation in question)
- landlord / property owner
- Other witnesses
Why we collect and use this information
To aid the investigation and prosecution process of malicious false alarm fire calls received by the Fire Service, which put a drain on our resources and prevents us from dealing with genuine emergency calls.
Any personal information obtained for the purpose of carrying out our investigation and prosecution process will only be used for this purpose unless other legislation dictates or further processing is necessary for the performance of a task carried out in the public interest or for Avon Fire Authority to exercise its official duty as a public function.
In the event that the outcome of the investigation identifies that a criminal activity has taken place, the Authority has a duty to disclose personal data to the relevant authorities and/or external providers (such as legal representatives) appointed by the Authority.
The lawful basis on which we use this information
Our lawful reason to collect and use this personal information is because it is necessary for the performance of a task carried out in the public interest or for Avon Fire Authority to exercise its official duty as a public function (General Data Protection Regulation lawful processing condition 6 (1)(e)) for the investigation and prosecution of malicious false alarms under Section 49 of the Fire Services Act 2004 https://www.legislation.gov.uk/ukpga/2004/21/section/49.
Collecting this information
Any personal information collected for this process will be either obtained from our Service Control, telephone providers for public phones, the Police or other Law Enforcement agencies, organisations or premises that are affected by the malicious fire call, witnesses or by the individual themselves.
Storing this information
Any personal data held for the purpose of investigation and prosecutions of malicious false alarm fire calls will be retained by the Authority for 6 years in line with the Authorised Professional Practice (APP) management of police information guidelines and Criminal Procedure & Investigations Act (CPIA).
Who we share this information with and why
Information will be only shared for legitimate purposes or we have to legal duty to share the information, to include (but is not limited to) Law Enforcement Agencies, legal representatives, organisations/landlords and other individuals affected by the process.
Individual Information Rights
Please refer to the Information Rights website page for further information on how you can exercise those rights: https://www.avonfire.gov.uk/guide-to-published-information/data-protection/an-individual-s-rights-regarding-their-personal-information, however, in some circumstances, individuals who are subject to legal proceedings are unable to exercise all of their information rights, such as objection to processing and data erasure.
The information held by AF&RS is not eligible for data portability or subject to automatic processing.