Police, Crime, Sentencing and Courts Act 2022

60 Code of practice relating to non-criminal hate incidents

(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.