Highways Act Debt Recovery Check

This Privacy Notice sets out what you need to know about how City of Doncaster Council will use your information for the purpose of checking financial status of an individual with regards to potential debt recovery for default works undertaken using powers under the Highways Act 1980. The City of Doncaster Council is committed to meeting its data protection obligations and handling your information securely. You should make sure you read and understand this notice before submitting your information to us.

 

What information about you do we collect?

For the processing to which this notice relates to be carried out we use the following information:
  • personal information such as: your name, address and other financial related matters such as bank statements, income, details of savings, details of disposable income
  • contact details including your postal address, telephone number, email address
  • special category information such as your health or social care status

How do we collect information about you?

We collect your information from you directly by asking you to complete one of our forms.

The Legal Basis for using your information

Consent (and withdrawing consent)

The Council collects special category information about you on the basis that you have given us your consent to do so. You may withdraw your consent and ask us not to use information about you prior to checking your financial ability to enable City of Doncaster Council to recover any monies by emailing information.governance@doncaster.gov.uk 

The tables below set out the legal basis for each of the activities that this Privacy Notice covers:


Personal Data Activity

Legal basis - GDPR Article 6

S8 DPA 

UK Legislation

Checking financial status to recover monies under the Highways Act 1980

(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority.

(c) the exercise of a function conferred on a person by an enactment or rule of law

Section 149

Highways Act 1980

 

To issue an invoice to recover costs.

(1)(b) Because to do so is necessary to take steps at your request to enter into a contract for this service, or for the performance of a contract to which you are party.

 

 


Special Category Data Activity

Legal basis - GDPR Article 9

DPA 2018 condition

Other considerations

Identifying vulnerabilities and approaching/referring to professionals

Article 9(a) – Explicit Consent

 

 

Who will your information be shared with?

We sometimes need to share your information within the City of Doncaster Council or with other organisations. We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to.

For the purpose of determining if financial recovery is an option and/or further professional involvement is identified we may need to share your information with:
  • Our Accounts receivable department to set up an account and issue you with an invoice for the billing of the service charge
  • Other services within the City of Doncaster Council as appropriate – this may include Council Tax, Wellbeing Service, Safeguarding Adults Personal Assets Team, however this list is not exhaustive and this privacy notice will be updated regularly to reflect other services added or removed.
In certain cases we may also share your information with other individuals and organisations. For example, if you make a complaint to your Councillor, or if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge. More information on the Highways Department can be found here: Highway Network Management - City of Doncaster Council

The City of Doncaster Council will never sell your information to anyone else.

How long will we keep your information?

We will keep your information for different periods of time, depending on what we are using it for. We only keep your information for as long as we need to, after which we will securely delete the information.

For this purpose we will keep your information for 7 years from the end of the financial year your invoice has been settled.

Your rights

The law gives you specific rights over your information. These rights are:
  • to be informed of our use of information about you;
  • of access to information about you;
  • rectify information about you that is inaccurate;
  • to have your information erased (the ‘right to be forgotten’);
  • to restrict how we use information about you;
  • to move your information to a new service provider;
  • to object to how we use information about you;
  • not to have decisions made about you on the basis of automated decision making;
  • to object to direct marketing; and,
  • to complain about anything the City of Doncaster Council does with your information (please see the ‘Complaints’ section below).
Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individuals’ Rights Procedure on our website, as is how to make a request under one or more of them. You can request information about yourself by making a subject access request on this page of the City of Doncaster Council’s website.

Changes to this privacy notice

This notice is kept under regular review to make sure it is up to date and accurate.

Data Protection Officer (DPO)

The City of Doncaster Council is required by law to have a DPO. The DPO has a number of duties, including:
  • monitoring the City of Doncaster Council’s compliance with data protection law;
  • providing expert advice and guidance on data protection;
  • acting as the point of contact for data subjects; and,
  • co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).
The City of Doncaster Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk 

Complaints

If you are unhappy with the way in which your information has been handled you should contact the City of Doncaster Council’s Data Protection Officer so that we can try and put things right. Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO).

The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:

Website: www.ico.org.uk

Telephone: 0303 123 1113

Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

 

Last updated: 24 October 2023 15:37:04

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