2.3

The data and / or information held within Retail Crime Operation (Birmingham) files or documentation is confidential and must only be used for the purpose for which it was generated.

Any such data and/or information must not be disclosed to any third party who has not signed the necessary agreements. 

The responsibility and potential liability for inappropriate disclosure, rests with the individual he / she has been made aware of these statutory requirements.

Breaches of confidentiality by members and/or their representatives may also be subject to sanctions by the Retail Crime Operation (Birmingham) Steering Group.

Members who have access to the Retail Crime Operation (Birmingham) data and / or information must sign an undertaking that they have been made aware of their statutory obligations and responsibilities.

A secure cabinet must be used for the storage of all Retail Crime Operation (Birmingham) information.

Agreed procedures and methods of communication will be monitored periodically.

The Scheme Management or other representatives authorised on their behalf will periodically audit individual members to ensure security and confidentiality.

Any changes to nominated contacts with individual members should be communicated to the Retail Crime Operation (Birmingham) Scheme Management.

The definition of a Repeat Offender and an Excluded Person is agreed locally and must comply with the data protection principles for storing and processing personal sensitive data.

Information will be submitted for collation for the following incidents:

1. Shop Theft
   Persons involved in the theft, attempted theft or theft and dump of merchandise.

2. Deception
   Persons who attempt to obtain a refund on goods that have been stolen.

3. Cheque Card / Cheque Fraud
   Persons who attempt to, or pass fraudulent cheques or credit cards.

4. Street Crime
   Persons involved pick pocketing, handbag theft, street robbery, anti-social behaviour and disorder, violence.

5. Car Crime
   Persons involved in stealing from/of motor vehicles.

6. Violence/Abusive
   Persons involved in violent or abusive incidents to members of staff or customers.

7.  Drugs
   Misuse of drugs.

ncident details will be audited to ensure that all information remains current and accurate in order to satisfy the requirements of the Data Protection Act 1998.

When incidents occur, information will be submitted to the Retail Crime Operation (Birmingham). The Scheme Management will prioritise and determine how many persons will be included in the Excluded Person / Repeat Offender file. This file will be updated and circulated accordingly.

The Repeat Offender / Excluded Person photo file will be hand delivered to or collected by each participating member.  A receipt signed by the nominated liaison contact will be necessary when the file is handed over.

When existing Repeat Offender / Excluded Person details are withdrawn for whatever reasons the respective pages from the file must be returned to the Retail Crime Operation (Birmingham) Scheme Management.

1. The photo file must only be used for the purpose of preventing and detecting crime.
    

2. The contents of the photo file must be treated as confidential by members and only to viewed by management, CCTV operators, store detectives, guards and other authorised staff.
    

3. The photographs are for reference only and not for public or private display.

3.8

File Security

The Repeat Offender / Excluded Person photo file is to be stored in a locked / secure office when not being viewed and at all times must remain away from the shop / sales floor.  The names of all individuals viewing the files as well as the reason for viewing them should be recorded.  (Recording sheets will be circulated with files).  The reproduction of photo files is prohibited unless authorised by the Scheme Management.

All Repeat Offender / Excluded Person photo files will be securely destroyed by the Scheme Management or by members on his instruction.

This is any retail crime or attempted crime, against any member, which falls within the scope of the scheme (see Section 3.2).

The Retail Crime Operation (Birmingham) scheme will complement member’s current security practices. Therefore, all incidents involving Repeat Offender / Excluded Person or other incidents will be reported.

Information will be collated on the following incidents:

• Theft resulting in arrest.

• Theft where merchandise is dumped.

• Snatch where thief escapes with merchandise. These incidents should be reported as a ‘crime’ to the police, particularly where video footage is available.

• Sightings where Repeat Offender / Excluded Person  person is only seen.

• Theft and deception, e.g. where a theft takes place and merchandise is refunded.

• Criminal Deception i.e. credit card fraud.

• Violence, injury to staff or customer(s).

• Disorderly / Abusive conduct.

• Robbery.

• Vehicle crime.

• Drugs misuse.

Incident reporting documentation is supplied to each member. Incidents will be reported using this documentation and forwarded to the Retail Crime Operation (Birmingham) Scheme Management.

4.4

Communication

The Retail Crime Operation (Birmingham) Scheme Management must maintain a regularly updated member contact list.  It is the responsibility of each member to provide this information.

The following types of incident should be reported to the Scheme Management using the incident report form provided.

1. Arrest
   If a person commits an offence and is arrested, he / she should be processed in accordance with the normal company procedures and the police contacted. In the case where the offender is a Repeat Offender or Excluded Person, this information should be indicated to the attending police officer.

2. Theft & Dump
   Where a target steals items but subsequently dumps them in the store.

3. Snatch & Escape
   Where a target commits a theft and is not apprehended.

4. Sighting
   This is defined as where a Repeat Offender or excluded person is seen anywhere in the defined location.

5. Deterred at Entry
   This is defined where a Repeat Offender or Excluded Person is prevented from entering member’s premises.

6. Theft & Deception
   Where a Repeat Offender or Excluded Person attempts to obtain a refund or exchange on goods, which have been stolen.

7. Credit/Debit Card and Cheque Fraud
   Where a Repeat Offender or Excluded Person is involved in a fraudulent transaction.

5.0

5.1

Data Definitions

• Data means information in a form that can be processed.

• Data Equipment means equipment for processing.

• Data Material means any document or other material used in connection with, or produced by, data equipment.

Disclosure, in relation to personal data, includes the disclosure of information extracted from such data and the transfer of such data (but does not include a disclosure made directly or indirectly by a data controller or a data processor to an employee or agent of his for the purpose of enabling the employee or agent to carry out his duties;) and, where the identification of a data subject depends partly on the data and partly on other information in the possession of the data controller, the data shall not be regarded as disclosed unless the other information is also disclosed. (Ref: Data Protection Act 1998)

5.2

Storage of Data

All data / information received by the Retail Crime Operation (Birmingham) scheme will be stored on the Retail Crime Operation (Birmingham) database in a locked office. Access to said data / information would be logged in accordance with procedures.

5.3

The Scheme Manager and anyone authorised by the Scheme Management will have sole responsibility for the input of all data onto the Retail Crime Operation (Birmingham) database.  All data entries will be quality assured.

5.4

Confirmation of Receipt

A register will be kept to record the receipt of data / information.  In cases where data / information has been circulated to a point of contact and no confirmation has been notified within 72 hours then the Scheme Manager will seek confirmation.  This time limit will also apply to recall requests for Repeat Offender / Excluded Person photo files.

6.0

If a Repeat Offender or Excluded Person has not been active within the agreed period (see Section 5 - Data Integrity Agreement), data in respect of him / her will be removed to a dormant file for a further limited period before deletion / destruction. This will not apply where a person is known to have been in prison or abroad over the relevant period.

7.0

Tracking

Whilst a major part of the scheme is the use of intelligence-driven pro-activity against persons who engage in retail and associated crime on an organised basis. An additional component will be the tracking of persons as they move through the criminal justice system.

8.0

Management Information

It will be necessary to establish key performance indicators (KPIs) to measure the operating success of the scheme and provide management information to members and statistics for the scheme.

• Deterred at Entry forms

• Sighting Reports

• System Management information

• Store Management information

• Other information which might be necessary to support the KPI`s

9.0

9.1

Procedures will be in place to ensure full compliance with data protection and other legal obligations. These include

Access

Access to the scheme manager’s office will be controlled.

This document is to be held by each member and be signed by each individual within  that organisation who will receive information from and disclose information to the scheme.

File Movement Record

This document will control the movement of files between the scheme office and each member.

10.0

10.1

Each member’s store is private property and management can exclude any person they do not wish to enter for any bona fide reason (provided the reason for the exclusion is not racist or sexist).

10.2

A bona fide reason for example would be theft, attempt theft, violence on staff or customer, unreasonable behaviour, continual nuisance, disorderly conduct, misuse
of drugs etc.

10.3

Using this principal, where a person is excluded by store management or other authorised person, the following procedure should be adopted: -

1. A Retail Crime Operation (Birmingham) Exclusion Notice is served on the person concerned together with a current list of member’s premises. It is good practice to get the recipient to sign the copy Exclusion Order in order to acknowledge receipt. Before this takes place, the following action should be taken: -

1. The name of the person to whom the Exclusion Notice applies should be entered at the top of the Exclusion Notice. If it is believed that the name given is false, still complete the Exclusion Order in the name provided   and notify the Scheme Management (on the Incident Report Form) who will try to obtain the correct identity at a later date.
    

2. The 'Date', 'Name of Person Issuing' (Work No or Collar Number is acceptable) and name / address of the 'Store' issuing should be completed.
    

3. Where service of an Exclusion Notice is not possible, indicate this on the Incident Report Form and the Scheme Management will serve it by way of recorded delivery.

2. An Incident Report Form is then completed and immediately forwarded to the Retail Crime Operation (Birmingham) together with a photograph of the excluded person (where possible).
    

3. Upon receipt of the Incident Report Form, the Scheme Management will verify that the criteria for the issuing of a Retail Crime Operation (Birmingham) Exclusion Notice have been fulfilled. Every effort will be made by the Scheme Management to ensure that the issue of the Exclusion Notice is bona fide.
    

4. f the criteria have NOT been fulfilled, the Scheme Management will withdraw the Exclusion Notice immediately by sending a letter to the named person.
    

5. If the criteria has been fulfilled, the Exclusion Notice will be allowed to remain and the following details circulated to all member stores at the earliest opportunity.

• Name of person

• Photograph

• Name of store

• Date of incident

6. An 'Excluded Person' means that the person named has been served with an  Exclusion Notice by one of the member stores and is now banned from entering  ANY of the stores detailed on the Exclusion List or any premises displaying the RCO Logo Window Sticker. The whole object of the exercise is to prevent that person from entering a members store and to remove the opportunity for that person to offend again, thus reducing crime.
    

7. All members agree that as a general rule, persons who have been served with a bona fide Retail Crime Operation (Birmingham) Exclusion Notice will be excluded from their premises until such time as that exclusion is lifted (i.e. twelve months subject to no infringements).

OPERATING GUIDELINES  11 - 19