The laws that allow us use your personal information
Depending on the purpose for collecting your information, our lawful basis might be;
- Consent
- Contract
- Where you have made the information public,
- When the law says we must
- To protect you or others when you or others are not in a position to provide consent
- If the information is important for the public good and this reason is supported by specific law
- Because of our role as a Local Authority responsible for employment, provision of health and social care, investigating your capacity to work, social security and protection
- For reasons of public health
- Preventative or occupational medicine
- Preserving the record for the future and to study patterns that will help us provide better services
Processing of data can mean using the personal information in any way, such as:
- Collecting / obtaining / recording
- Storing (including holding on someone else's behalf)
- Reading / viewing
- Sharing and disclosing
- Amending or altering
- Analysing
- Deleting / destroying
- Adapting
- Everything the council does with your personal information will be classed as processing.
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Personal Data
To process personal data we have to have a lawful basis under Article 6 of the UKGDPR. Those the Council may rely on are:
- Consent: the individual has given clear consent for us to process their personal data for a specific purpose.
- Contract: the processing is necessary for a contract we have with the individual, or because they have asked us to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary for us to perform a task in the public interest or for our official functions.
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If you have provided us with your consent to use your personal information, you can withdraw your consent at any time by contacting us using the contact details in Section 9.
Special Category Information
Special category data is personal data which is more sensitive and has the potential to cause more harm if processed inappropriately. The following types of information are special category data that the council may process about you:
- race
- ethnic origin
- nationality
- politics
- religion
- trade union membership
- genetics
- biometrics (where used for ID purposes)
- health
- sex life
- sexual orientation
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To process special category data we also need a lawful basis under Article 9 of the UKGDPR. The ones which the Council may rely on are:
- The data subject has given explicit consent to the processing
- Processing is necessary for the purposes of employment and social security and social protection law
- Processing is necessary to protect the vital interests of the data subject
- Processing relates to personal data which are manifestly made public by the data subject
- Processing is necessary for the establishment, exercise or defence of legal claims
- Processing is necessary for reasons of substantial public interest
- Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services
- Processing is necessary for reasons of public interest in the area of public health
- Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
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If you have provided us with your consent to use your special category personal information, you can withdraw your consent at any time by contacting us using the contact details in Section 9.
In some limited circumstances we may also need to collect and use criminal history information about you. We may do so where:
- it is in the substantial public interest
- it is necessary for any legal claims
- it is necessary to protect you or someone else in an emergency
- it is information which is already in the public domain, or
- we have your explicit consent to use criminal history information about you
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To be able to collect, process, share and retain your personal information, we rely on different laws that tell us what information we are allowed to collect, how we process this personal information, who we can share this information with and how long we can keep it for. Some of these laws tell us how to make sure people are safe, some of them tell us what information we are allowed to share with you. Here is a list of important legislation we rely on:
- The Localism Act 2011
- Self Build and Custom Housebuilding Act 2015
- The Care Act 2014
- The Public Records Act 1958
- Children Act 2004
- Children and Adoption Act 2006
- Local Authority Social Services Act 1970
- Care planning, placement and case review and fostering services (miscellaneous amendments) regulations 2013
- Education Act 2011
- Children and Families Act 2014
- Children and Social Work Act 2017
- Children and Young Persons Act 2008
- Foster Service Regulations 2011
- Safeguarding Vulnerable Groups Act 2006
- The Births and Deaths Registration Act 1953
- The Marriage Act 1949
- The Civil Partnership Act 2004
- Population Statistics Act 1938
- Local Authorities Cemeteries Order 1977
- Cremation (England and Wales) Regulations 2008
- Immigration Act 2016
- Registration Service Act 1953
- Council Tax (administration and enforcement) Regulations 1992
- Local Government Finance Act 1992
- National Health Service Act 2006
- The Health and Social Care Act
- The Public Records Act 1967
- The Local Government Act 1972
- The School Governance Regulations 2012
- The UK General Data Protection Regulation
- The Data Protection Act 2018
- The Privacy and Electronic Communications Regulations 2003
- Employment Rights Act 1996
- The Race Relations Act 1976
- The Disability Discrimination Act 1995
- The Employment Relations Act 1999
- The Mental Health Act 1983
- The Mental Capacity Act 2005
- The Police Act 1996
- Environmental Information Regulations 2004
- The Human Rights Act 1998
- The Road Traffic Act 1991
- The Housing Act 1988
- The Hosing Act 1985 (Right to Buy)
- The Insolvency Act 1986
- The Crime and Disorder Act 1998
- Building and Safety Act 2022
- Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
- The Terrorism Act 2000
- The Proceeds of Crime Act (PoCA) 2002
- Money Laundering Regulations 2017
- Law and Property Act 1929
- Education Act 1996
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Some laws we rely on are not listed here but are connected with these laws and might contain directives not mentioned in these. We use relevant legislation to guide our conduct across the services and areas we are responsible for.