PART 2

Prevention, investigation and prosecution of crime
CHAPTER 4

Other provisions

Non-criminal hate incidents

Code of practice relating to non-criminal hate incidents
60
1
The Secretary of State may issue a code of practice about the processing by a relevant person of personal data relating to a hate incident.
2
In this section “hate incident” means an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.
3
The provision that may be made by a code of practice under this section includes, in particular, provision about—
a
whether and how personal data relating to a hate incident should be recorded;
b
the persons who are to process such personal data;
c
the circumstances in which a data subject should be notified of the processing of such personal data;
d
the retention of such personal data, including the period for which it should be retained and the circumstances in which and the procedures by which that period might be changed;
e
the consideration by a relevant person of requests by the data subject relating to such personal data.
4
But a code of practice under this section must not make provision about—
a
the processing of personal data for the purposes of a criminal investigation, or
b
the processing of personal data relating to the alleged perpetrator of a hate incident at any time after they have been charged with an offence relating to the hate incident.
5
A code of practice under this section may make different provision for different purposes.
6
A relevant person must have regard to the code of practice that is for the time being in force under this section in processing personal data relating to a hate incident.
7
In this section—
- “data subject” has the meaning given by section 3(5) of the Data Protection Act 2018;
- “personal data” has the meaning given by section 3(2) of that Act;
- “processing” has the meaning given by section 3(4) of that Act.
8
In this section “relevant person” means—
a
a member of a police force in England and Wales,
b
a special constable appointed under section 27 of the Police Act 1996,
c
a member of staff appointed by the chief officer of police of a police force in England and Wales,
d
a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,
e
an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police,
f
a constable of the British Transport Police Force,
g
a special constable of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003,
h
an employee of the British Transport Police Authority appointed under section 27 of that Act,
i
a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 as applied by section 28 of the Railways and Transport Safety Act 2003, or
j
a National Crime Agency officer.
S. 60 not in force at Royal Assent, see s. 208(1)
S. 60 in force at 7.3.2023 by S.I. 2023/227, reg. 2(a)