Secure Access Licence

Purpose

The Dangerous Dogs Index (DDI) Secure Access Licence (Licence) is a legally binding contract between you, your Police Force and the Department for Environment, Food & Rural Affairs (Defra), which is the controller that manages the DDI.

It ensures that you and your Police Force are both aware of your legal responsibilities surrounding your access to the DDI – this is particularly important for your Police Force, because penalties may be levied at an organisational level in the event of a data incident.

Introduction

The Licence is a per person, per Police Force Licence.

You as a Licenced User, only need to apply for it once at your current Police Force – if you move Police Force and still require access to the DDI, you need to apply for a new Licence.

As a Licenced User, you must agree to this Licence’s terms and conditions before being issued credentials to access the DDI.

Failure to agree to the terms and conditions of this Licence will mean that access to the DDI will be denied.

The Parties

This Licence is between:

  • You, the individual Licensed User of the DD
  • The Police Force responsible for you as a Licensed User
  • Defra

Definitions

Controller, Personal Data, Processing take the meaning given in the Data Protection Legislation.

Data Protection Legislation means all applicable data protection and privacy legislation in force from time to time in the United Kingdom including without limitation:

  1. the UK GDPR;
  2. the Data Protection Act 2018 (DPA 2018) to the extent that it relates to the processing of personal data and privacy;
  3. the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;
  4. applicable guidance and codes of practice issued by the Information Commissioner;
  5. any other legislation relating to personal data and all other legislation and regulatory requirements in force which apply to a Party relating to the used of personal data.

Law means any law, subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, byelaw, enforceable right within the meaning of Section 2 of the European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which the Parties are is bound to comply.

Licensed User means a user who has registered with the DDI and therefore agreed online to the Secure Access Licence.

UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act of 2018.

Working Day means any day other than a Saturday, Sunday or public holiday in England and Wales.

Terms and conditions

Access to the Personal Data and other sensitive information is being provided for the prevention and/or detection of crime and the apprehension and/or prosecution of offenders.

  1. Personal Data and other sensitive information must not be used for any other purposes without the prior written consent of Defra.
  2. The lawful basis for processing Personal Data is for the performance of a task carried out in the public interest which is laid down by law in the legislation listed below. This legislation sets out Defra’s general purposes as the designated agency to discharge these functions. The task is the operation of the Index of Exempted Dogs for England, Wales and Scotland:
  3. In addition to express powers contained within the legislation listed above, we may also rely on implied powers to process personal data. Defra has been assigned responsibility to maintain an index to record the certificates of exemption and make sure that these are up to date in relation to Dangerous Dogs. Processing, including sharing, of personal data which is reasonably incidental to those functions is carried out in reliance on Defra’s implied powers. Where necessary, such processing may include the proportionate and secure sharing with the law enforcement agencies, responsible for enforcing the relevant legislation, including the carrying out of compliance checks against conditions of a relevant exemption certificate.
  4. Any incidents of unauthorised access to, processing of, or disclosing of, the Personal Data and other sensitive information must be reported within one (1) Working Day from the time of discovery to Defra at email dogsindex@defra.gov.uk.
  5. On termination of the License for whatever reason, all access to the Personal Data and other sensitive information will cease.
  6. The License is subject to review and without limitation whenever a change in the law, other procedures or other relevant circumstances takes place.
  7. Any non-compliance with this Licence will mean access to the DDI will be denied.
  8. Responsibilities of the Licensed User:
    • Personal Data is always managed in accordance with the Licensed User’s obligations under the Data Protection Legislation.
    • Personal Data and other sensitive information from the DDI must only be disclosed or compromised to the minimum number people necessary for fulfilling the purpose of obtaining the information.
    • Regularly trained in data protection responsibilities, risks and information security policies.
    • Be aware of proper handling of Personal Data and other sensitive information to protect it against unauthorised or unlawful processing, and against accidental loss, alteration or disclosure.
    • To seek necessary approvals, assistance, or resources from their Police Force to comply with the terms and conditions.
    • That the device used for the DDI access is managed and connected to the internet via an appropriately encrypted connection managed by their Police Force. The use of personal devices for the DDI access is prohibited.
    • Understands that knowingly or recklessly disregarding the terms of the License this will be an offence under sections 170 and 171 of the DPA 2018 and may incur financial penalties.

Contact us

If you have questions about this Licence, contact us via email at dogsindex@defra.gov.uk.

If you have questions about how Defra uses personal data, you can contact the Defra data protection manager at data.protection@defra.gov.uk.

The data protection officer for Defra is responsible for checking that Defra complies with legislation. You can contact them at DefraGroupDataProtectionOfficer@defra.gov.uk.