Data Protection Officer and Information Management Lead
Prospective officers and staff must be held to a higher standard of behaviour and accountability than members of the public, and that therefore their right to privacy can be fettered in certain circumstances. This is to ensure that members of the police are fully aware and accountable for the unique powers entrusted to them and the standards of professional behaviour they swear to uphold.
MAIN DUTIES AND RESPONSIBILITIES
- To be the Force Data Protection Officer, having full responsibility for monitoring data protection compliance and advising on data protection obligations. Ensuring sound governance and due diligence is in place at all times and ensuring that data risks and breaches are identified and mitigated at organisational level.
- Acting as the contact point for data protection authorities (ICO) for all data protection issues.
- Ensuring that appropriate protocols are in place to support and monitor information sharing.
- Providing advice on DPIAs (data protection impact assessments), the manner of implementation and outcomes.
- Advising on data breach monitoring, management and reporting and advising on responses to privacy rights requests from individuals.
- To have leadership responsibility for the Disclosure and Barring Service (DBS), Data Protection (DP), Common Law Police Disclosure (CLPD) DBS Barring Arm and the Civil Disclosure Unit (CDU) and any other areas of civil disclosure within the remit of Information Management.
- To have strategic responsibility for the development of relevant Information Management policies and procedures within West Midlands Police, specifically encompassing the above areas and so ensure force compliance, with relevant legislation including the Data Protection Act 2018 and the European Human Rights Act 1998, Police Act 1997 and the Protection of Freedoms Act 2012, the Safeguarding of Vulnerable Groups Act 2006, Common Law and other associated legislation, including Freedom of Information and Records Management (MOPI and POFA).
- Overall responsibility for West Midlands Police in relation to Enhanced Disclosure as specified within the DBS Service Level Agreement, Police Act 1997 and HOC 5/2005.
- Overall responsibility for DBS disclosure processes and to be responsible for service delivery as specified by the DBS Service Level Agreement and implement Force strategy to resolve instances of non-compliance and to be the Force link with the National Standards Compliance Unit in relation to quality assurance, audit and compliance. To implement self-inspection and audit of relevant Force procedures and targets, and review practices, adapting in line with demand. To advise NPCC level colleagues regularly on national issues.
- Overall responsibility for the Compliance and Disclosure Unit and DBS budgets which have been in excess of £2.5 million pa.
- On behalf of the force, to lead the annual national level negotiations with DBS to secure appropriate funding and to ensure appropriate recovery of the budget.
- To be responsible for implementing the correct charging mechanisms for Civil Disclosure with an associated income generation of £140k+ pa
- Actively research, evaluate and plan for future demands on the force from changes to process/legislation/force spending reviews, assessing their impact on resources, accommodation, process and policy; securing funding and ensuring training from appropriate bodies where necessary and raising any issues of legality or security as appropriate.
- To be the senior level of escalation in relation to a failure of the force to comply with service level agreements and national compliance timescales in all areas covered by the Compliance and Disclosure Unit and deal appropriately with complaints.
- To liaise with The Independent Monitor in relation to DBS dispute escalations and with the Information Commissioner in relation to DP escalations. To provide expert advice in relation to threatened legal action over disclosure – Judicial Reviews.
- To be responsible for the research, evaluation, planning and implementation of force policy relating to National changes to policy, Legislation and NPCC guidance for areas of civil disclosure in particular, DBS, DP and CLPD.
- To represent the Force at National and Regional forums and provide a liaison with other Force Delivery Managers. To represent forces nationally on strategic working parties at NPCC and Home Office level.
- To be conversant with and ensure compliance with Force Policy on Equality, Diversity and Inclusion, standards of professional behaviour, the Force Vision and Values, Human Rights legislation and security matters and to manage incidences of inappropriate behaviour brought to your attention.
Qualifications/Experience
Essential
- Qualified Data Protection Officer with experience in Policing, including all relevant legislation and associated Information Commissioners Office (ICO) processes.
- Proven extensive knowledge of and personal experience of disclosure and compliance practice including interpretation and adherence to multiple legislation and Home Office guidance.
- Knowledge of Records Management and the Force’s legislative obligations.
- Enhanced skills in applying a strategic perspective to a range of financial and business issues including budget negotiations, project management skills, analytical skills, problem solving and negotiating at a senior level and external level.
- Knowledge of current diversity and inclusion issues including legislation, force vision and values and standards of professional behaviour.
- Proven strategic leadership experience within force and in the National Disclosure Portfolio Group (NPCC and HO level).
- Proven ability to research, develop and implement new legislation, policy & processes, to implement change and provide advice to force leadership and other departments.
- Good interpersonal skills and ability to present to all levels including strategic leadership, NPCC portfolio and at national level.
- Experience in customer service delivery, quality and compliance and working to legislative timescales while working to competing demands.
- Proven ability to negotiate with and influence members of the public, senior managers and external bodies and using reports, presentations or otherwise at a national level.
- Ability to travel for business purposes nationally.
- Demonstrable understanding of force and individual responsibilities under the various legislation.
- Experience of Freedom of Information legislation and processes.
- Competent report, policy and decision-making writing skills.
- Experience of budgetary control, income generation and resource allocation to budgets.
Desirable Requirements
- Degree or Diploma level qualification or specific job-related experience and expertise at the appropriate level.
- Knowledge of the DBS Service Level Agreement, Part V of the Police Act 1997, the Rehabilitation of Offenders Act, the Data Protection Act. Freedom of Information Act and Human Rights legislation, Safeguarding Vulnerable Groups Act in relation to disclosure policies.
Skills
Essential
- Proven strategic leadership experience.
- Proven ability to research, develop and implement new policy & processes and provide advice to force leadership teams and other departments.
- Good interpersonal skills and ability to present to all levels including strategic leadership and NPCC level.
- Experience in customer service delivery, quality compliance and working to timescales.
- Proven ability to negotiate with and influence senior managers and external bodies and using reports, presentations or otherwise.
- Competent report writing skills.
- Experience of budgetary control and resource allocation to budgets.
Supervisory Responsibility
The post holder is responsible for the management and leadership of the Information Management function, with cira 4 direct reports, reporting to the Assistant Director for Information Management.
Supervision Received
To be responsible to the Assistant Director of Information Management, however working with minimal direct supervision.
Vetting
Successful applicants will be required to pass Management Vetting and Security Clearance scrutiny prior to commencing their role, this will include a full background & financial disclosure as part of the vetting process.
Medical
Appointment to this role may be dependent upon successfully passing medical checks, which may include a drugs test and if required, a fitness test.
Probationary Policy:
Under the Probation Policy, if you are currently in your probation period, “during your probationary period you will not be permitted to apply for alternative police staff roles within the Force unless there are exceptional circumstances. In such cases, you would require the support of your line manager prior to applying for alternative roles, and if successful, your probationary period will start over.”-Policies - Probation Period (Police Staff) (wmpad.local)
West Midlands Police is a Disability Confident Leader - the highest level an organisation can achieve under the scheme run by the Department of Work and Pensions. As part of our commitment we operate a ‘Disability Confident Interview Scheme’ - all candidates who declare a disability and meet the essential criteria for the role will be offered an interview.
It is important to note that there may be occasions where it is not practicable or appropriate to interview all disabled people who meet the essential criteria for the job. For example: in certain recruitment situations such as high-volume, seasonal and high-peak times, the employer may wish to limit the overall numbers of interviews offered to both disabled people and non-disabled people. In these circumstances, the employer could select the candidates who best meet the essential criteria for the job, as they would do for non-disabled applicants.
"Diversity and Inclusion Vision: Maximise the potential of people from all backgrounds through a culture of fairness and inclusion to deliver the best service for our communities"