Harbours privacy notice

This privacy notice is designed to help you understand how and why North Yorkshire council processes your personal data. 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).

The council has appointed Veritau to be its data protection officer. Their contact details are:

Information Governance Office
Veritau
West Offices
Station Rise
York
North Yorkshire
YO1 6GA

Email: infogov@northyorks.gov.uk

Tel: 01904 552848

What personal information do we collect?

The personal data we collect will include:

• name and address
• contact details (email address and telephone number)
• details of your vessel
• details of relevant qualifications
• vessel insurance information
• next of kin contact details
• financial details to enable us to take payments for services
• CCTV footage

In some circumstances, we'll need more details and sometimes sensitive personal data, for example, if you require an enhanced access berth we may require health details.

We may monitor and record electronic communications (website, email and phone conversations) for a number of reasons such as:

• staff training
• records of conversations
• the detection, investigation and prevention of crime

We will inform you if your call is being recorded or monitored.

Emails that we send to you or you send to us may be retained as a record of contact and your email address stored for future use in accordance with our retention periods. If we need to email sensitive or confidential information to you, we may perform checks to verify the correct email address and may take additional security measures.

Why do we collect your personal information?

We collect personal data for the following purposes:

• to process applications and licences for berths in Scarborough and Whitby harbours and Filey coble landing
• to maintain lists of berth holders and people requiring berths
• to provide you with services you request or utilise
• to process applications for licences, including passenger tripping licences, fish buyers licences etc
• to process payments and recover debts for harbour dues and fees, and for charges for services provided
• to maintain records of fish landings to enable us to fulfil our legal obligations
• to fulfil our legal obligations in respect of visiting vessels

In addition, we operate CCTV at our harbours for the following reasons:

• navigational safety of the ports/harbours (LPS operations), under MGN 401 (M+F) amendment
• security of the ports/harbours (ISPS operations), as an important tool for monitoring harbour activity
• for the safety of staff, harbour users, and public in the harbour authority areas
• for the prevention and detection of crime within ports

Who do we share this information with?

We may share your data with:

• other departments within the council
• marine management organisation
• police
• North Eastern inshore fisheries and conservation authority
• maritime and coastguard agency
• HMRC
• border force

Any information we use in presentations or reports will be anonymised and will not identify any individuals. For example, a report on quantities of fish landed or numbers of visiting vessels will not feature any of your personal data.

We do not disclose or share sensitive or confidential information without your explicit consent except where disclosure is required by law, or where we have good reason to believe that failing to do so, would put you or someone else at risk.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example, if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data-matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the department for work and pensions, HM revenue and customs, the police and other local authorities.

How long do we keep your information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. We will keep your personal data as detailed in our retention schedule. We will delete or destroy your personal data securely.

At the end of the retention period, we may pass any relevant information to the archives where it is required or appropriate to do so.

What is our lawful basis for processing your information?

North Yorkshire council relies on the following lawful basis to process your personal data:

• UK GDPR Article 6(1)(a)- the data subject has given consent to the processing of his or her personal data for one or more specific purposes
• UK GDPR Article 6(1)(b)- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
• 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)(f)- processing is necessary for the purposes of the legitimate interests pursued by the controller

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
• UK GDPR Article 9(2)(g)- processing is necessary for reasons of substantial public interest

For more information about how we use your data, including your privacy rights and the complaints process, please see our corporate privacy notice.