Legal and insurance services - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby city. Our address is the Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face. We may collect information from a setting you attend, such as a school or care home, where this data collection is necessary for the following purposes listed.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Should you wish to exercise your statutory rights, outlined below, then we may request information from you to verify your identification such as a copy of your passport or driving licence. 

Details of information obtained from third parties

If you are in contact with a Council department, or have contacted your local councillor, and asked for their assistance in resolving an issue that you may have, then the information you have provided to the department or councillor may be passed on to us so we can help to address your issue when we advise the department or councillor.

The reverse may be the case, where you may not have initiated the contact but a Council department or councillor refers a matter about you to us seeking advice.

Another instance where we may gain information about you from a third party is where you may be involved in correspondence, negotiation or dispute with or involving the Council, and we receive information about you from a court, tribunal, solicitor, other person representing you, or other interested third party.

How is your information used?

In accordance with our legal obligations, legitimate interests and in the fulfilment of our public tasks we may use your information to:

• Enable councillors or officers of the Council to investigate or assist with any issues which you may have raised, or which involve you or, as appropriate, so that we can notify you of any updates or keep you informed;
• Defend legal claims.
• Represent Council departments in legal proceedings.
• Comply with orders of the Court and wider litigation obligations imposed by law.
• Provide legal advice.

We are under a duty to disclose information to our insurers under the Insurance Act 2015 and the terms and conditions of the policies. In relation to insurance claims, we are under a duty to disclose personal information as per Part 31 of the Civil Procedure Rules.

There are occasions when legal services act as agents on instructions from other local authority areas, at which point, legal becomes an independent data controller of that personal data which may include special category and criminal offence data.

More information about why we process your information on the relevant service areas privacy notice. For example;

• For legal proceedings regarding children you may want to refer to the Children & Young People Privacy Notice, or;
• For more information employee matters you may want to refer to Human Resources’ Privacy Notice.

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

We regularly share with Her Majesties Court and Tribunal Service, Counsel, Opponent Solicitors, Solicitors acting on our behalf, Witnesses, Experts (for example, medical, buildings and disclosure specialists), Mediators - In addition we may in certain circumstances share with Ombudsman, ACAS, Insurers, Other statutory agencies for example police, fire, and other local authorities.

We regularly share insurance data with our Broker, Insurers, External Solicitors, Opponent Solicitors and Experts.

We may share information in accordance with the National Fraud Initiative. For more information please refer to:

• GOV.UK - National Fraud Initiative
• Our National Fraud Initiative page

International Transfers

In limited circumstances we may share your information with our Processors who reside outside the UK & Adequate Area. Such transfers will be protected by the appropriate contractual safeguards and the Council will undertake substantial due diligence checks prior to sharing any personal data. All international transfers will be done in accordance with data protection laws.

One of our processors is FTI Consulting who support with some of our litigation disclosure obligations, some personal data may be shared overseas as detailed within their privacy notice.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Details of any automated decision processes

Legal services do not carry out any automated decisions.

Under 13

If you are accessing online services and are under the age of 13‚ please ask for your parent or guardian's permission beforehand whenever you provide us with personal information

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical or analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.