This notice should be read in conjunction with our corporate privacy notice.
Who are we?
North Yorkshire Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR).
What personal information do we collect?
We will routinely receive personal information from our service departments, that legal services support and advise, which may include but not be limited to the following personal data:
- names and contact details
- addresses
- date of birth
- National Insurance number
- identification documents
- case details and case history
- family and relationships
- financial information
- education history (for example, qualifications)
- employment history (for example, job application, employment references or secondary employment)
- video and CCTV recordings of public areas
- video and CCTV recordings of private or staff only areas - needs to be checked with service
We also collect the following special category data:
- health information (including dietary requirements, allergies and health conditions)
- racial or ethnic origin
- religious or philosophical beliefs
- criminal conviction and offence history data may include criminal offence data (including Disclosure Barring Service (DBS), Access NI or Disclosure Scotland checks)
On occasion, we may be the first point of contact that you have, in these circumstances we may collect some or all of the information listed below. We will ensure that we only collect the information required for us to deal with the matter.
- financial information
- identification documents
- National Insurance number
- information relating to compliments or complaints
There are limited circumstances where you must provide us with information, where there is a legal obligation to provide this information, we will advise you of this along with the consequences of failing to provide this.
In all other circumstances the information we obtain is necessary for the matter that we are dealing with, if you fail to provide the information that is required then we may not be able to provide a service/complete legal transactions with you, or it may take longer to perform that service or may lead to you failing to receive important legal documents and relevant correspondence.
During the investigation of your claim we may also collect data such as:
- health and safety information
- witness statements and contact details
Why do we collect your personal information and what is our lawful basis for processing?
We are collecting your personal data for the purposes of dealing with legal proceedings and transactions in accordance with our statutory duties and/or the establishment, exercise or defence of legal claims. This includes but is not limited to:
- monitor regulation of investigatory powers (RIPA) authorisations
- manage legal cases
- provide legal advice to council services
- prepare any materials for litigation
- run the council’s petitions scheme, process community governance review
- process complaints received
- ensure the council complies with its statutory duties
- to respond to requests for advice or prepare legal documentation
The personal information is provided by the parents or carers of a child to support their appeal. This information is then put into a standard format so that it can be considered by the independent panel or Home to School transport appeals committee.
We also collect information to allow us, our claims handlers, Insurers and insurance brokers to deal with your claim effectively and where applicable in accordance with the civil procedure rules governing claims in England.
Service
Admissions appeals service
Purpose
The schools admissions appeals service is part of the council’s legal and democratic services department. By law:
- if you are refused a place at your preferred school
- if your child is permanently excluded from school and if the governors at that school uphold the head teacher's decision
- if your child is refused free home to school transport and you feel there are other circumstances that should be considered
Then you have the right to appeal against that decision to an independent panel. The schools appeals admissions service supports the work of the independent panels (for admissions and exclusions) and home to school transport appeals committee (for home to school transport).
Lawful basis
Personal data is processed based on legal obligations that the council is subject to. The council processes special category data for the above purposes as it considers processing to be in the substantial public interest (legal obligations).
Service
Legal
Purpose
We have a duty to provide legal advice to internal clients (and external clients where this is permitted, specifically wholly owned companies and the electoral registration officer and returning officer).
Lawful basis
UK GDPR Article 6 (1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject. For the processing of personal data relating to criminal convictions and offences, processing meets Schedule 1, Part 2 of the Data Protection Act 2018 as below:
- (6) Statutory and government purposes
When processing special category data, the Council will rely on the following lawful basis:
- UK GDPR Article 9 (2)(f) - processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
Service
Insurance and risk service
Purpose
The processing of insurance claims made by employees and members of the public against the council is administered by the insurance and risk management service.
Lawful basis
UK GDPR Article 6(1)(c) - Legal obligation - the processing is necessary for us to comply with the law relating to insurance claims – the civil procedure rules
UK GDPR Article 9(2)(f) - Legal claims - processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
UK GDPR Article 9(2)(g) – Substantial Public interest supplemented by Schedule 1(20) of the Data Protection Act 2018 which relates to processing necessary for insurance purposes
The legislation, policies and guidance that relates to these services include, but is not limited to:
- admissions – school admission appeals code that was issued under s.84 of the School Standards and Framework Act 1998
- exclusions – the School Discipline (Pupil Exclusions and Reviews) (England)
- Regulations 2012 and s.52 of the Education Act 2002
- transport – Education Act 1996 and Statutory Guidance ‘Home-to-School Travel and Transport 2014’
- the Regulation of Investigatory Powers Act 2000
- the Equality Act 2010
The following areas of law / common law:
- adult social care
- childcare
- employment
- education
- litigation
- commercial
- property
- planning
- highways
- environmental
- local government
- coronial
- judicial review
- information law
Who do we obtain your information from?
We will only use your information in ways that are permitted by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).
We may also obtain personal information from other sources as follows:
- personal information from public sources such as the electoral roll, social media, public directories etc
- other government agencies or departments relevant to the matter that we are advising on
- your personal information will be treated as confidential but it may be shared with our other services in order to ensure our records are accurate and up-to-date and to improve the standard of the services we deliver
Who do we share this information with?
We may need share your information with a number of external agencies who are key to delivering our services. These include:
- the courts and those involved in legal proceedings and non-contentious matters including external solicitors and barristers, expert witnesses, the office of the official solicitor and public guardian, the police and other crime enforcement agencies, CAFCASS
- other local authorities, parish councils and commons associations
- Highways England
- tribunals
- coroner’s inquests
- inquiries
- government agencies and departments for example, HMRC, DWP, Immigration where necessary
- the Land Registry
- the National Health Service and clinical commissioning groups
- members of the public by way of statutory notice or property related order (for example, compulsory purchase order)
- trade unions
- solicitors, barristers and other professionals who may be acting on our behalf
- third party organisations such as care agencies, care home providers and other professional carers
- deputies appointed by the court of protection and attorneys appointed under lasting powers of attorney
- debt collectors
- elected members and MPs (as your representative)
- contractors providing IT or advice services
- national regulators for example, information commissioner’s office, investigatory powers commissioner
- schools
- consultees – statutory or others
- insurers and our appointed claim handlers
- we may also share information with a number of national registers which have been established to combat fraudulent claims
- school admissions appeals service clerk, the school admissions service clerk, the school, the three members of the independent panel, home to school transport appeals committee and the parents or carers of the child on whose behalf they have made an appeal
How long do we keep your information for?
Admissions appeal
| Data held | Retention period |
|---|---|
| Admissions appeals | 2 years after panel decision |
| Exclusions appeals | 5 years after panel decision |
| Home to school transport appeals | 6 years after committee decision |
Legal
| Data held | Retention period |
|---|---|
| Personal data | We will retain your personal data only for as long as necessary to meet legal, regulatory and operational requirements, in line with our organisation’s document retention policy |
Insurance and risk service
| Data held | Retention period |
|---|---|
| All personal data in relation to the processing of an insurance claim | 10 years after closure of the claim or longer where required by legislation |
Other relevant transparency information
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.