Corporate Privacy Notice
Corporate Privacy Notice
As a local authority, we provide a range of services to you. In order to do this in an effective way, we need to collect and use personal information about you. This Corporate Privacy Notice also explains how we use information about you and how we protect your privacy.
What is Personal Information?
- personal information can be any information that relates to or identifies a living person. Typically and at its most simple it could include a name, date of birth, postal address, email address, telephone number and debit or credit card details.
The law regards some personal information as being in a special category. This special category of personal information is given more protection by the law and includes information about an individual’s:
- Ethnic origin;
- Trade Union membership;
- Biometrics (where used for ID purposes);
- Sex life;
- Sexual orientation.
Where we want to use or share special category personal information, we have to identify both a lawful basis from one of those set out below, and, in addition, satisfy further conditions.
Personal information concerning criminal convictions and offences is not special category personal data, but is a very sensitive type of personal information which can only be held, used and shared in narrow circumstances.
We have a Data Protection Policy that sets out how this information will be handled.
What we are Required to Tell You - where we hold personal information about you which we have collected from you we are required to provide you with certain information. We have set out the information which we are required to provide you with in the table below. We consider that this is the best way of providing the information to you in a clear, transparent intelligible and easily accessible form. This privacy notice will be supported by further service specific privacy notices where appropriate.
The right to object - we are required to explicitly bring to your attention, clearly and separately from any other information the existence of the 'right to object'. This is the right to object to processing based on the performance of a task in the public interest/exercise of official authority (including profiling); direct marketing (including profiling); and processing for purposes of scientific/historical research and statistics.
Further details are given in the table below:
The name and contact details of the data controller
Dartford Borough Council, Civic Centre, Home Gardens, Dartford Kent DA1 1DR
Contact details of the data controller’s representative
Legal Services, Dartford Borough Council, Civic Centre, Home Gardens, Dartford Kent DA1 1DR Contact the Council's Legal Services Department
Contact details of the data protection officer
Marie Kelly-Stone, Data Protection Officer, Dartford Borough Council, Civic Centre, Home Gardens, Dartford Kent DA1 1DR
The purpose of the processing of personal data
Each notice on the menu below, sets out the purposes for processing personal information in the case of each service. Generally, this will be for one or more of the following purposes:
The lawful bases for processing
Each service specific privacy notice will identify one or more lawful bases for the processing of personal information. Generally, the lawful basis will be one or more of the following:
The recipients or categories of recipients of your personal information
We will generally only allow your personal information to be used by our staff who need it to perform their functions. We have the following arrangements:
Personal Information may also be shared with the police, the Department for Work and Pensions, HMRC and other local authorities when we are either permitted to or are required to by law.
We are a signatory to the Kent and Medway Information Sharing Agreement. The types of purposes for which it is legitimate to share your personal information are set out in the Agreement. We may share the personal information of our service users where it is fair and lawful to do so and where the sharing takes place in a transparent manner. Our purposes for sharing information will be specified in our service specific privacy notices (see below).
We will not make your personal information available to companies for marketing purposes. We may share information with partners to achieve purposes that benefit you or the local community.
Intent to transfer personal data to a third country or international organisation
Should it be necessary to transfer special categories of personal information to a third country ie: a country or territory outside the UK, it will be transferred to a third country where:
For the most part, it is expected that transfers will take place between ‘relevant authorities’, or relevant international organisations ie: to any (legal) person in the third country (or operating internationally) who has functions comparable to those of a ‘competent authority’ for the purposes of Part 3 of the DPA 2018. Sometimes, however, we may need to transfer personal information to a recipient that is not a relevant authority. Before we can do this, we must meet all four of these additional conditions:
1. The transfer is strictly necessary in a specific case, for the performance of a task by us, as provided by law for any of the law enforcement purposes
2. Your fundamental rights and freedoms do not override the public interest concerning the transfer
3. We consider that the transfer to a relevant authority in the third country would be ineffective, or inappropriate
4. We set out the specific purposes for which the data may be processed by the intended recipient and inform them of these
The period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period
We will only keep your personal information for as long as we consider that it is necessary to be retained. Our Information Asset Registers list our retention periods. We will review our Information Asset Registers from time to time and therefore the time periods specified in them may change. Once personal information is no longer needed it will be deleted or destroyed confidentially.
Rights of individuals whose information we hold
The right to be informed
We are required to supply you with information about the processing of your personal information through notices such as this one.
The right to access personal information that we hold about you
You have the right to obtain from us confirmation that your personal information is being processed and access to your personal information. This is so that you are aware of and can verify the lawfulness of processing. There is generally no charge for this. We will provide your personal information without delay and generally within one month of the receipt of your request.
The right to rectification of your personal information
You have the right to have any personal information which we hold about you rectified if it is inaccurate or incomplete. We will generally deal with your request within one month.
The right to erasure of your personal information (sometimes called the ‘right to be forgotten’).
There are some specific circumstances where the right to erasure does not apply and we can refuse to deal with a request for example, where we are under a legal obligation to process your personal information in order to perform a task in the public interest.
You have the right to have personal information erased and to prevent processing in specific circumstances:
The right to restrict processing of your personal information
You have the right to restrict processing of your personal information in certain circumstances. Where processing is restricted, we are permitted to store your personal information but we may not process it further. We can retain just enough information about you to ensure that the restriction is respected in future.
The right to restrict arises in the following cases:
The right to information portability
You have the right to obtain from us and reuse your personal information for your own purposes where you have provided the information to us yourself, where we process the information by automated means and where our basis for processing is based on consent or contract. Where this right applies, we will provide you with your personal information in a structured, commonly used and machine readable form.
The right to object
You have a right to object to:
Where the objection is to processing your personal information for direct marketing purposes, we must stop processing your personal information when we receive your objection.
Where the objection is to processing your personal information for the performance of a public interest task, we must stop processing your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, or, the processing is for the establishment, exercise or defence of legal claims.
Where the objection is to processing your personal data for research purposes, we do not have to comply with your objection where the processing of your personal information is necessary for the performance of a public interest task.
Rights related to automated decision making including profiling
Where we use automated decision making including profiling, the service specific privacy notice (see below)will explain the logic involved, the significance and the potential consequences for you.
The right to withdraw consent
Where the legal basis for processing your personal information is consent, you have the right to withdraw that consent at any time by notifying us. Please contact the Data Protection Officer and tell us which service you are using so that we can deal with your request.
If you withdraw your consent, it may not be possible to continue to provide you with that service.
The right to lodge a complaint
If you wish to complain about how we are processing your personal information, please contact Customer Services Online, Dartford Borough Council, Civic Centre, Home Gardens, Dartford Kent DA1 1DR
You also have the right to complain to the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF: Telephone: 0303 123 1113 or 01625 545745: Website: https://ico.org.uk
The consequences of failing to provide personal information
There are occasions when you must provide personal information. Where such an obligation exists either as a statutory or contractual requirement, or a requirement necessary to enter into a contract the service specific privacy notices will tell you and explain the possible consequences of failure to do so.
Processing personal information for a purpose other than that for which it was originally collected
Where we intend to process your personal information for a purpose other than that for which the personal data was collected, we will provide you with information on that other purpose before doing so.
Personal information about you which you have not provided to us
Sometimes we hold information about you which you have not provided to us. Where this is the case we will tell you in the service specific privacy notice. We will tell you the source of the information unless it is not possible to do so. If the specific source is not named then information will be provided about the nature of the sources (ie: publicly/privately held sources) and the types of organisation/industry/sector.
23 May 2018