Licensing Privacy Notice

This Privacy Notice sets out what you need to know about how Doncaster Council will use your information for the processing of Licensing notices, determination of applications, compliance monitoring and, where required, enforcement action.

The 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, email address, telephone number, bank details, your nationality, eligibility to work in the UK, and driving license details)
• special category information (such as: information about your physical health and details of any previous criminal convictions)

How do we collect information about you?

We collect your information from you directly by asking you to complete online forms and provide us with supporting documentation. We may also contact other agencies/government departments to carry out relevant checks where required (e.g. other local authorities, the police, the Home Office, the DVLA, etc.).

How will your information be used?

For one of the types of licences detailed on the Licensing A-Z page of the Council’s website your information will be used to:

• process and maintain a record of your application or notice
• correspond with you regarding your application,
• confirm your identity, and
• assess your eligibility to hold a licence or permit

It may also be used to investigate complaints and where necessary take enforcement action.

In addition information held in relation to taxi and private hire licenses will also be shared with the Department for Environment and Rural Affairs (Defra), and may be used to populate a centralised Taxi and Private Hire Vehicles Database by the Secretary of State.

Automatic Processing

The Council uses automatic processing for some of the above services. This means that some decisions that might affect you are made by a computer. These automatic decisions are to assess your eligibility to apply for a licence or permit, or to submit a notice.

Decisions made in this way will affect you by preventing you continuing with the process if you are not eligible, for example, a person applying to become a taxi driver who answers ‘no’ to the question ‘do you hold a current driving licence?’ would not meet the basic requirements and would not be allowed to continue with the application. You are entitled to ask for any solely automatic decisions made about you to be reconsidered by one of our staff, to express your point of view about such decisions and contest them – see the ‘Your rights’ section below.

The Legal Basis for using your information

Doncaster Council Licensing team uses your information for the determination of applications and/or the handling of notices for various licenses, permits and registrations because of legal obligations which apply to the Council.  In the case of Licensing, there is various legislation that covers these activities, such as the Licensing Act 2003 and Gambling Act 2005.

The table below sets out the processing being undertaken and the legal basis being relied upon:

Personal Data Activity Legal basis - GDPR Article 6 UK Legislation

process and maintain a record of an application or notice

correspond with applicants regarding their application

confirm an applicant’s  identity

assess eligibility of an applicant to hold a licence or permit

to investigate complaints and where necessary take enforcement action.

 

Sharing data with the Department for Environment and Rural Affairs (Defra), to populate a centralised Taxi and Private Hire Vehicles Database by the Secretary of State.

(1)(c) to do so is necessary because of a legal obligation that applies to the Council

Licensing Act 2003

 

Gambling Act 2005

 

The Local Government (Miscellaneous Provisions) Act 1982

 

The Animal Welfare (Licensing of activities involving animals)(England) Regulations 2018

 

Dangerous Wild Animals Act 1976

 

Zoo Licensing Act 1981

 

The Welfare of Greyhounds Regulations 2010

 

The Caravan and Control of Development Act 1960

 

The Environmental Protection Act 1990

 

Weights and Measures Act 1985

 

The Scrap Metal Dealers Act 2013

 

Consumer Credit Act 1974

 

Housing Act 2004

 

Police, Factories, etc. (Miscellaneous Provisions Act 1916)

 

Environment Act 1995

 

The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019



Special Category Data Activity Legal basis - GDPR Article 9 DPA 2018 condition Other Consideration

assess eligibility of an applicant to hold a licence or permit

 

to investigate complaints and where necessary take enforcement action.

(2)(g) processing is necessary for reasons of substantial public interest.

Part 2 of schedule 1(6) Statutory etc and government purposes

Please see legislation above


Criminal Data Activity GDPR Article 6 DPA 2018 condition Other consideration

assess eligibility of an applicant to hold a licence or permit

 

to investigate complaints and where necessary take enforcement action.

(1)(c) to do so is necessary because of a legal obligation that applies to the Council Part 2 of schedule 1(6) Statutory etc and government purposes Please see legislation above

Information required by law

The law means that you have to give us the information we have asked for, if you don’t then we will be unable to process your application or notice.

Who will your information be shared with?

We sometimes need to share your information within the 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.

As a licensing authority we have to maintain, and make public, statutory registers under the Licensing Act 2003, Gambling Act 2005 and the Scrap Metal Dealers Act 2013. Due to this legal obligation limited personal details are available to the public to view on our website.

For licensing matters we may need to share your information with the following organisations:

• The DVLA
• Defra
• Responsible Authorities under The Licensing Act 2003 and/or Gambling Act 2005, such as (depending on the nature and circumstances of your application – this list is not exhaustive):
        o South Yorkshire Fire and Rescue
        o various Council departments
        o Home Office (Immigration Enforcement)
        o Doncaster Safeguarding Children Board
        o The Health and Safety Executive
        o The Police
        o Other Local Authorities

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.

The 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.

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 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 Subject 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 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 Council is required by law to have a DPO. The DPO has a number of duties, including:

• monitoring the 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 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 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: 16 September 2020 16:22:58