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?
In order to deliver our regulatory services, registration, bereavement and coroners service, we need to collect both personal and special category data depending on the specific service being delivered.
Personal data may include:
- name and contact details
- addresses
- date of birth
- audio and visual recordings
- case history
- financial information
- employment details
- right to work information
Special category data may include:
- racial or ethnic origin
- religious or philosophical beliefs
- political opinion
- health information
- sex life information
- sexual orientation information
- trade union membership
- gender
Why do we collect your personal information and what is our lawful basis for processing?
We need to collect this information in order to fulfil our obligations in regard to the provision of the following services:
Service
Cremations and burials
Purpose
The council provides a burial and cremation service (including public health funerals) to members of the community.
Lawful basis
UK GDPR Article 6(1)(a) - the data subject has given consent to the processing of their personal data for one or more specific purposes
UK GDPR Article 6(1)(e) – processing is necessary for completion of a task in the public interest
Service
Fair processing (counter fraud)
Purpose
The council’s counter fraud service is carried out by Veritau.
How do we use Data Matching? - National Fraud Initiative
North Yorkshire Council participates in an exercise every two years called the National Fraud Initiative (NFI) to promote the proper spending of public money. This is a data matching exercise organised and managed by the Cabinet Office.
Every council in England takes part by providing information relating to the customers and services they supply. The Cabinet Office matches the databases together looking for suspicious details. We then investigate the details the Cabinet Office sends back to us.
For more information you can view the code of data matching practice for the national fraud initiative government page.
Normally every individual whose data is included is informed about NFI, in accordance with our data protection policy and the Cabinet Office's code of practice. This notice, along with disclaimers on the council’s data collection forms, fulfils that duty.
Internal Data Matching Initiative
The council also undertakes internal data matching exercises as well as regional data matching with neighbouring authorities. This is to further help protect public funds from misuse and identify fraud.
This means that we may use your personal data from one and match it against your data from another organisation. Any information we disclose to or receive from neighbouring authorities is governed by a strict information sharing agreement.
Lawful basis
UK GDPR Article 6(1) (c) – processing is necessary for compliance with a legal obligation to which the controller is subject
UK GDPR Article 6(1) (e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
When processing special category data, the council will rely on the following lawful basis:
UK GDPR Article 9(2) (g) – processing is necessary for reasons of substantial public with processing meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:
- (6) Statutory and government purposes
- (10) Preventing or detecting unlawful acts
Service
Environmental enforcement
Purpose
The council collects and uses information about you in order to carry out environmental enforcement activity.
Lawful basis
North Yorkshire Council relies on the following legal provisions to process your personal data for law enforcement purposes:
- Environmental Protection Act 1990
- Anti-social Behaviour, Crime and Policing Act 2014
Further key pieces of legislation can be found within the ‘primary legislation’ section of the above-mentioned policy.
In the event that the council is pursuing civil penalties rather than criminal, the council will rely on the following provisions.
- UK GDPR article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject
- UK GDPR article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
Service
Record office (archives)
Purpose
North Yorkshire record office provides ourselves and our communities with record keeping services. It collects, preserves and makes accessible historic and current records of significance for the study of North Yorkshire and its people and holds them in trust for the use of present and future generations. It forms part of our library, customer and community services directorate.
Lawful basis
UK GDPR Article 6 (a) - the individual has given clear consent for you to process their personal data for a specific purpose
UK GDPR Article 6 (e) - Processing is necessary for the performance of a task carried out in the public interest
Service
Registrars service
Purpose
North Yorkshire Council is a ‘data controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR) for civil partnership registrations and can be contacted at Harrogate register office, Bilton House, 31 Park Parade, Harrogate, HG1 5AG.
The superintendent registrar is the data controller for birth, marriage and death registrations and can be contacted at the Harrogate register office, Bilton House, 31 Park Parade, Harrogate, HG1 5AG.
The registrar general for England and Wales is a joint data controller for birth, marriage, death and civil partnership registrations and can be contacted at the general register office, Trafalgar Road, Southport, PR8 2HH.
Lawful basis
UK GDPR Article 6 (1)(c) Legal obligation: the processing is necessary for us to comply with the law
UK GDPR Article 9(1)(g) Reasons of substantial public interest (with a basis in law)
- part 2 of Schedule 1 of the DPA 2018 (6) Statutory and government purposes
- the main legislation which governs the collection of registration information is the Births and Deaths Registration act 1953, the Marriage Act 1949, the Civil Partnership Act 2004 and the Immigration Act 2014
You may be legally obliged to these acts and other pieces of legislation, to provide certain pieces of information. If you fail to provide the information you are required to give us you may, amongst other things, be liable to a fine, or we may not be able to provide the service you are applying for, such as a marriage or a civil partnership.
Service
Coroners service
Purpose
The coroner has been appointed jointly by North Yorkshire Council (NYC) and City of York council (CYC) and covers both areas. A coroner is an independent judicial office holder, appointed by a local council which provides all the resources needed by its coroner.
Coroners investigate deaths reported to them if:
- death was violent or unnatural
- the cause of death is unknown
- death has occurred in prison, police custody or another type of state detention
In these cases coroners investigate to find out, for the benefit of bereaved people and for official records, who has died; and how, when and where they died and may conduct an inquest including treasure inquests.
The North Yorkshire coroner is a ‘data controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). NYC and CYC, as the supporting councils, are each a data controller jointly with the coroner for the personal data each processes.
Lawful basis
UK GDPR Article 6 (1) (c) – processing is necessary for compliance with a legal obligation to which the controller is subject.
Service
Trading standards
Purpose
North Yorkshire council trading standards service (the service) is responsible for enforcing a wide range of trading standards, consumer protection and safety legislation across North Yorkshire. Our aims are to safeguard consumers, so that every adult has a longer, healthier and independent life and every child has the best possible start in life; and to support legitimate traders to ensure that North Yorkshire is a place with a strong economy and a commitment to sustainable growth.
Lawful basis
UK GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject
UK GDPR Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest
With regard to special category data, the council will rely on the following lawful basis
UK GDPR Article 9(2)(g) – The processing of your special category data is necessary for reasons of substantial public interest (with a basis in law), meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:
- (6) Statutory and government purposes
- (10) Preventing or detecting unlawful acts
- (11) Protecting the public against dishonesty
- (12) Regulatory requirements relating to unlawful acts and dishonesty etc
- (18) Safeguarding of children and individuals at risk
Where information is for law enforcement purposes the council processes under the data protection act. The processing is specified, explicit and legitimate; meets section 35 of the data protection act and where information is sensitive it is processed under schedule 8:
- (1) Statutory etc purposes
- (4) Safeguarding of children and of individuals at risk.
Who do we obtain your information from?
We may receive information from other agencies such as:
- organisations involved in cremation arrangements such as funeral directors, etc
- the NHS or other healthcare providers
- CCTV footage
- visual recordings
- consumers
- individuals
- witnesses and victims
- businesses
- internal and external partners and agencies
- enforcement agencies
Who do we share this information with?
Information you provide may be shared with the following:
- throughout the course of providing a cremation service, we may share information with third parties who are involved in the cremation process, such as ministers and funeral directors, solicitors, memorial masons etc. We will only share the minimum data necessary in order to provide the cremation service
- Police
- external enforcement agencies such as HMRC, National Crime Agency, DWP, illegal money lending team, insolvency service, Environment Agency, licensing, action fraud, environmental health, legal department
- central government
- health authorities
- the criminal justice system and agencies involved in it, for example, probation services, HM Courts Service, witness liaison and victim support services
- other partner agencies to reduce crime and disorder, anti-social behaviour and safeguarding of children and adults
- other relevant partners such as regulatory bodies or public services
- other local authorities / government departments
- Cabinet Office
- credit reference agencies
- enforcement agencies for example, the environment agency
- Her Majesty’s Courts and Tribunal Services
- information collected when issuing a reader ticket is shared with the national database maintained by the archives and records association, Taunton, Somerset
- the information you provide will be held and processed by registration officers for this registration district and may be shared with other districts where appropriate. For example, via birth and death declarations where the event occurred in another district or via notices of marriage where a marriage is taking place in another district
- indexes for events registered at this office are publicly available in order to help members of the public identify the registration record they might need. Indexes are available in paper format
- a copy of the information collected by a registration officer will also be sent to the registrar general for England and Wales so that a central record of all registrations can be maintained
- registration information held at this office may be shared with other organisations in the course of carrying out our functions, or to enable others to perform theirs
- a copy of any register entry will be provided by this office in accordance with the law to any applicant, provided they supply enough information to identify the entry concerned and pay the appropriate fee. The copy may only be issued in the form of a paper certified copy (a “certificate”). An application for a certificate may also be made to the general register office
- North Yorkshire council registration service
- York City council registration service
- other organisations, which from time to time are involved with an investigation and who are required to provide evidence or assistance to the coroner
How long do we keep your information for?
Cremations and burials
| Data held | Retention period |
|---|---|
| Statutory cremation forms | 15 years after the cremation date |
| Cremation registers | Permanently |
| Cemetery records | 99 years |
| Personal data given in memorial leases | Period of lease and up to 60 days after end of lease renewal date |
| CCTV footage | 31 days |
Fair processing
| Data held | Retention period |
|---|---|
| Electronic records | Records may be retained for up to 6 years after use concludes (for example, when an investigation ends) |
| Information for data matches purposes | Each project is reviewed individually and records may be deleted sooner if the data is no longer relevant. |
Environmental enforcement
| Data held | Retention period |
|---|---|
| Personal data | We will retain your personal data for up to 10 years, in line with legal requirements. |
Record office archives
| Data held | Retention period |
|---|---|
| Reader registration cards | 70 years |
| Search room usage | 6 years |
| Volunteer application forms and agreements | 6 years from end of volunteer working |
| Mailing list email/postal address | For as long as we have consent |
| Ticket registration | 4 years from issue |
Registrars service
| Data held | Retention period |
|---|---|
| Registration information | Indefinitely as required by law |
Coroners service
| Data held | Retention period |
|---|---|
| Coroner's records | At least 15 years under the Coroners (Investigation) Regulations 2013 |
| Payment records | 6 years after current financial year |
Trading standards
| Data held | Retention period |
|---|---|
| Consumer advice – records of advice and information provided to consumers on minimum standards for buying and selling goods and services | 3 years since from when record was created |
| Fair trading – records of the administration of fair trading schemes | 3 years since from when record was created |
| Product safety – records of advice and support provided to businesses on product safety | 6 years from the date that the advice was given |
| Retail trading standards – records of the development and implementation of retail trading standards | 6 years from the date that the standard expires |
| Trading standards advice to businesses – records of advice provided to businesses on trading standards | 6 years from the date that the advice was given |
| Underage sales – records of monitoring and enforcement of underage sales | 6 years from the date of enforcement action |
| Weights and measures – records of monitoring and enforcement of weights and measures | 6 years since from when record was created |
| Child performance licences – records of the allocation of child performance licences | 25 years from the date of birth of the child |
| Illegal street trading – records of the licensing and monitoring of street traders and street trading | 6 years from when the date that the licence expires or the date of the resolution of enforcement action |
Other relevant transparency information
The legislation, policies and guidance that relates to these services include, but is not limited to:
- Cremation Act 1902 and Cremation Act 1952
- Cemeteries clauses act 1847
- Burial Act 1852, 1857, 2008
- Registration of Burials Act 1864
- Local Authorities Cemeteries Order 1977
- Public Health (control of diseases) Act 1984
- Cremation (England and Wales) Regulations 2008
- Local Audit and Accountability Act 2014
- Local Government Act 1972
Registrars service
What is the ‘tell us once’ scheme?
Tell us once is a service that lets you report a death to most government organisations in one go.
This service is provided by the department for work and pensions (DWP) on behalf of the government. The service is a voluntary service that you can elect to use. By giving your consent to the use of the data you provide. The service is administered in North Yorkshire, for DWP, by the council registrar for the notification of deaths only.
When you tell the registrar about a death, they will send the details to DWP. We do not keep a copy of the data that is submitted neither is it retrievable by ourselves once submitted it.
We do not use the tell us once scheme for its own internal records/databases.
For more information about the Tell Us Once service please visit the government website.
Coroners service
Do we transfer your data outside of the UK?
Usually, the information collected is all held within the UK. However, some information may be held on computer servers which are outside of the UK.
The coroner may need to liaise and exchange information with local agencies where the deceased died abroad.
What are your data protection rights?
Data protection legislation gives you, as a data subject, a number of rights in regards to your personal information. You can find out more about these rights and how to exercise them, on the relevant web page for either North Yorkshire Council or City of York Council and City of York privacy notice.
Note however the exemptions provided by schedule 2 paragraph 14 of the data protection act 2018 in relation to your data processed during the Coroner’s proceedings.
If we wish to use your information for a new purpose, not covered by this privacy notice, we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
How do I complain about the way in which you have handled my personal data?
If you have concerns about the way in which the coroner or either council has handled your personal data, please contact the relevant data protection officer at the addresses above.
You can complain to the Information commissioner’s office (the data protection regulator) about the way in which North Yorkshire council have handled your personal data:
First Contact Team
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow Cheshire
SK9 5AF
Tel: 03031 23 1113
For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.