Hackney Carriages and Private Hire Vehicles Licensing Privacy Notice
Privacy Notice for Hackney Carriages (black taxis) and Private Hire Vehicles (mini cabs) Licensing
We have a statutory duty to regulate hackney carriage and private hire licensing activities in the borough of Dartford. We need to collect your personal information to carry out this function.
Processing activity - most of the personal information we hold about you is provided by you in your licence application(s) and supporting document(s). The information collected and held will vary and depend on the nature of the service. We will process personal information relating to:
- appeals against refusal of a licence;
- applications for and issue of hackney carriage licences;
- applications for and issue of private hire driver licences;
- applications for and issue of private hire vehicle licences;
- applications for and issue of stretch limo driver licences;
- applications for and issue of stretch limo vehicle licences
- applications for and issue of private hire operator licences;
- driver knowledge tests of local routes;
- driver English tests;
- returns to Secretary of State (Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019)
- general correspondence between you and us on matters related to the licensing service.
Information requirements - this information may include:
- your vehicle registration number, vehicle ownership checks (through the DVLA), vehicle make and model;
- your address, telephone number, email address;
- contact we have had with you, such as any correspondence and penalty points;
- identification badge;
- image(s) of you;
- personal reference(s);
- health data;
- MOT test certificate(s);
- ‘hire & reward’ insurance policy(ies);
- immigration status;
- record of fee payments (excluding debit/credit card details).
Lawful bases1- our lawful bases and legal gateways for processing your personal information are, where applicable:
- our legal obligation(s) under the Town and Police Clauses Act 1847
- our legal obligation(s) under the Local Government (Miscellaneous Provisions) Act 1976
- our legal obligation(s) under the Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019
- necessary for statutory functions
- necessary for the performance of a task in the public interest or in the exercise of official authority vested in us under the above legislation above
Some of the information we collect is classified as:
- special category personal data;
- criminal convictions and offences (including alleged offences).
This is processed in accordance with articles (9)(2)(g) and 10 of the UK GDPR and para 6, part 2 of schedule 1 of the Data Protection Act 2018; that is, the processing is necessary for reasons of substantial public interest in connection with the exercise of a function conferred on the authority by an enactment or rule of law, in service to the applicable legislation referred to above.
We have a Data Protection Policy that sets out how this information will be processed.
National Tax Base (NR3) Register searches (see our NR3 Privacy Notice for further details)
Records of NR3 register search
- the date of the search
- the name or names searched
- the reason for the search (new application or renewal)
- the results of the search and
- the use made of the results of the search
Records of request made to us by another licensing authority
- the date the request was received
- how the data protection impact assessment was conducted and its conclusions
- the name or names searched
- whether any information was provided
- if information was provided, why it was provided (and details of any further obtained before the decision was made)
- if information was not provided, why it was not provided (and details of any further
- advice obtained before the decision was made) and
- how and when the decision (and any information) was communicated to the requesting authority
Records of request made by us to another licensing authority following discovery of a ‘match’ n the NR3 register - If, having searched the NR3 register, we discover that our entry matches another licensing authority’s entry (i.e. there is an entry in the NR3 register for the same name and identifying details), further information about that entry will be sought by us from the other licensing authority. The search of the NR3 register involves a two stage process: stage one is the checking of the register; stage two is making a request to the licensing authority that uploaded the matched information to the register for details of the revocation or refusal. Information obtained from the NR3 register and other licensing authorities will not be combined with our register of licences granted.
Data sharing - we are required by law to disclose:
- to the Cabinet Office, information about licensed drivers (as part of the National Fraud Initiative);
- to the Department for Environment, Food and Rural Affair (Defra), registration marks of vehicles, date from which licences have effect, date on which licences are due to expire, whether vehicles are taxis or a private hire vehicles and such other information we hold for the purposes of ensuring the accurate identification of vehicles (pursuant to the Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019), to enable Defra to create a database to support the operation of charging clean air zones by local authorities or other air quality plans.
We share information with:
- Defra pursuant to a Memorandum of Understanding
- Tameside Metropolitan Borough Council – hosts of the National Anti-Fraud Network (national register of refusals and revocations of driver licences (hackney carriage and private hire vehicle) – NR3) (limited to basic details to identify the driver)
We may receive from and share your information with a number of other organisations as part of the licensing process for example the police, DVLA, Home Office, HMRC and DWP to aid with the detection and prevention of criminal acts.
We use gov.uk for driving licence verification checks via the DVLA. We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Some limited information such as licensee names and associated badge or licence numbers, together with the status and expiry dates of those licences may be made publicly available, in accordance with the Town and Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976, as applicable. We will never publish your home address online, or in a publicly available register which is held at our offices for inspection.
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept for two years from the date of the file closure unless exceptional circumstances require longer retention eg: a pending court case. All information will be held securely and disposed of confidentially.
NR3 searches: - we will retain a written record of:
- every search that is made by us of the NR3 register, for 25 years;
- every request made to us, by another licensing authority, for 25 years;
- every request made by us to another licensing authority, following discovery of a ‘match’ by us in the NR3 register, for 25 years;
- any information that is received by us from any other licensing authority in relation to an application, for 35 days (calculated from the date of the service of the written notification of the determination of the application by us);
- litigation proceedings, for 35 days after the date of determination or withdrawal of the proceedings.
Automated decision making - we may use automated decision making in processing your personal information for driver English tests. You can request a manual review of the accuracy of an automated decision if you are unhappy with it.
Right to object – where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
have the absolute right to stop your personal information being used for direct marketing.
Changes to this Privacy Notice – we review this Privacy Notice regularly and will place updates on our website
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and your rights.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information handled.
GDPR Hackney Carriages & Private Hire Vehicles Licensing Privacy Notice