This page is about how we handle your information. You can also use the buttons below to understand more about how your age impacts things, what your rights are around your information and data and read our policies in full.
If you have any questions that aren't covered here, you can reach us at theteam@42ndstreet.org.uk
On this page
Understanding you rights
We've brought together 3 key pieces of legislation that support your rights when it comes to what is done with information that we hold about you. These are;
The UN Convention on the Rights of the Child ("UNCRC") which is relevant to those under 18.
The UN Declaration of Human Rights ("UNDRC"), relevant to those over 18
The UK General Data Protection Regulation ("GDPR"), relevant to everyone.
At the bottom of the page is some additional information about how the articles in UK GDPR applies to us.
Your interests as a top priority
UNCRC
article 3: The best interests of the child must be a top priority in all decisions and actions that affect children.
GDPR
article 7 says understanding and giving your consent should be as simple as possible, and withdrawing consent should be equally simple.
article 17 gives you the “right to erasure” (sometimes called the “right to be forgotten”) so that your data can be deleted on request, but also gives the exceptions to this where you may not be able to have your data deleted.*
UNCRC
articles 5 & 18: Parents & carers have the rights and responsibility to provide guidance and direction to their child, which must be done in a way that considers what is best for the child and recognises a child’s growing capacity to make their own choices. They should be helped in this where necessary, including through support services for children.
UNCRC
article 1: Everyone under the age of 18 has all the rights in the Convention.
UNDHR
article 2: These rights apply to everyone, with no distinction on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, nor will the jurisdictional status or any country interfere with these rights.
UNCRC
article 8: Every child has the right to an identity which must be respected and protected. Their name, nationality and family relationships must not be unlawfully changed.
article 12: Every child has the right to express their views, feelings and wishes at any time for all matters affecting them, and to have their views considered and taken seriously.
articles 13-15: Every child must be free to express their thoughts & opinions, to access all kinds of information, to think & believe what they choose, practice their religion, meet other children and join groups & organisations, as long as this does not stop other people from enjoying their rights or go against the law.
UNDHR
article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
UNCRC
article 16: Every child has the right to privacy. The law should protect the child’s private, family and home life, including protecting children from unlawful attacks that harm their reputation.
UNDHR
article 12: No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon their honour and reputation.
GDPR
article 5 ensures that data about you is safely and securely processed and stored and states that there must be a valid, legal reason for collecting the data in the first place.
article 6 explains the legal criteria that allows data to be collected, at least one of which must be met.**
article 9 outlines the only circumstances under which an organisation is allowed to collect "sensitive information" about you (sometimes called "special category data"; such as information about your health, ethnicity or sexuality) which is otherwise prohibited from being collected.***
UNCRC
article 6: Governments must do everything they can to ensure children survive and develop to their full potential.
article 24: Every child has the right to the best possible health and relevant healthcare, including education on health and wellbeing.
article 27: Every child has the right to a standard of living that is good enough to meet their physical and social needs and support their development. Governments must help families who cannot afford to provide this.
article 28: Every child has the right to an education, with different forms of education available to every child. Discipline in schools must respect children’s dignity and their rights.
UNDHR
article 25: Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family (including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness or similar circumstances) Motherhood and childhood are entitled to special care and assistance.
article 27: Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
UNCRC
articles 32-36: Children must be protected from economic exploitation, dangerous or harmful work, illegal use or distribution of drugs, all forms of sexual abuse & exploitation and all other forms of exploitation.
article 39: Children who have experienced neglect, abuse, exploitation, torture or who are victims of war must receive special support to help them recover their health, dignity, self-respect and social life.
UNDHR
articles 4, 5, 9: No one will be held in servitude, subjected to torture, to cruel, inhuman or degrading treatment or be arbitrarily detained.
GDPR
article 22 says that no one will be subjected solely to any automated decisions or profiling that have any legal impact on them.****
Additional information around GDPR
*GDPR Article 17: "Rights to Erasure" exemptions:
Applicable to 42nd Street are;
- 3b – meeting legal requirements of member state law (the UK Data Protection Act*)
- 3c – meeting the criteria in 9.2.h and i (above)
- 3d – meeting the requirement of being in the public interest (see below)
The UK Government Data Protection Act, Schedule 1, defines when data is of “substantial public interest”, which includes when it relates to counselling and the safeguarding of children and individuals at risk
**GDPR Article 6: legal basis for processing data:
We fall under 6.1.c, d, e and f, which includes things like complying with the law, being essential to your or the public’s interest and being necessary for us to deliver the service requested. GDPR uses the phrase “public interest” to cover a lot of conditions (23 to be exact) some of which may not be what you’d expect.
It includes offering counselling, safeguarding of children or individuals at risk, supporting individuals with disabilities or medical conditions, ensuring equal opportunities or treatment and preventing unlawful acts.
***GDPR Article 9: legal basis for collecting sensitive information:
We fall under 9.2.a, b, h, i and j (which are also repeated in the UK Data Protection Act, Schedule 1:2.2).
These include things like you consenting to giving us data, us being obliged to ask for certain information because of the service we’re offering, the data relating to health or social care treatment, it being in the public interest* and it being required by laws around archiving of information.
****GDPR Article 22: not using automated processing or profiling:
We don't have any automated decision making or profiling within 42nd Street. All decisions around your data are made by people, considering all we know about your circumstances and involving you whenever we can.
Article 4.4 defines profiling as any automated processing (without human involvement) of personal data that involves evaluating their personal aspects (such as inferring economic situation, health, personal preferences & interests and behaviour)
