Licensing Team - 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?

We receive information and referrals that include personal information from a wide range of agencies, such as:

• HM Revenues and Customs
• the Police
• Fire and Rescue Services
• the Department of Work and Pensions
• the Audit Commission
• the Disclosure and Barring Service
• safeguarding professionals
• other Derby City Council Departments
• other Local Authorities
• members of the public.

How is your information used?

We may use your information to:

• process applications
• assess suitably for roles
• ensure safeguarding standards are adhered to
• conform with private vehicle hire and taxi licensing standards
• investigate complaints
• investigate any relevant illegal activity
• check compliance with any licence, permit, consent or registration
• take legal action
• prevent crime
• prevent fraud and misuse of public funds
• issue invoices and process payments
• carry out our statutory obligations
• notify you of changes to our services
• send you communications which you have requested, or that may be of interest to you
• fulfil our legal obligations under-
  • Administration of Justice Act 1970
  • Animal Welfare Act 2006
  • Animal Health and Welfare Act 1984
  • Anti Social Behaviour Act 2003
  • Betting, Gaming and Lotteries Act 1963
  • Building Act 1984
  • Burials Act 1957
  • Caravan Sites and Control of Development Act 1960
  • Charities Act 2006
  • Cinemas Act 1985
  • Clean Air Act 1993
  • Clean Neighbourhoods and Environment Act 2005
  • Control of Dogs Order 1992
  • Control of Pollution Act 1974
  • Control of Pollution (Amendment) Act 1989
  • Criminal Justice Act 1988
  • Criminal Police and Justice Act 2001
  • Dangerous Dogs Act 1991
  • Dangerous Wild Animals Act 1976
  • Disability Discrimination Act 1995
  • Dogs (Fouling of Land) Act 1996
  • Dogs Act 1871 and 1906
  • Enterprise Act 2002
  • Environment Act 1995 - Parts II & IV
  • Environmental Protection Act 1990 - Parts I, II, III and IV
  • European Communities Act 1972 (as applicable)
  • Factories Act 1961
  • Food Safety Act 1990
  • Gambling Act 2005
  • Health Act 2006
  • Health and Safety at Work Etc Act 1974
  • House to House Collections Act 1939
  • Housing Act 1985 - Parts VI and X
  • Intoxicating Substances (Supply) Act 1985
  • Licensing Act 2003
  • Local Government (Miscellaneous Provisions) Act 1976
  • Local Government (Miscellaneous Provisions) Act 1982 Parts I, VIII and XI
  • Lotteries and Amusements Act 1976
  • Magistrates Court Act 1980
  • Mobile Homes Act 2013
  • National Assistance Act 1948
  • Noise Act 1996
  • Noise and Statutory Nuisance Act 1993
  • Offices, Shops and Railway Premises Act 1963
  • Police and Criminal Evidence Act 1984
  • Police, Factories, etc. (Miscellaneous Provisions) Act 1916
  • Pollution Prevention and Control Act 1999
  • Prevention of Damage by Pests Act 1949
  • Private Security Industries
  • Proceeds of Crime Act 2002
  • Protection of Animals Act 1911
  • Public Health Acts 1936 and 1961
  • Public Health (Control of Disease) Act 1984
  • Public Entertainments Licenses (Drug Misuse) Act 1997
  • Refuse Disposal (Amenity) Act 1978
  • Road Traffic Regulation Act 1984
  • Scrap Metal Act 2013
  • Sunday Trading Act 1994
  • Theatres Act 1968
  • Town and Country Planning, Churches and Places of Religious
  • Worship and Burial Grounds Regulations 1950
  • Town Police Clauses Act 1847
  • Transport Act 1985
  • Vehicles (Crime) Act 2001
  • Wildlife and Countryside Act 1981, and any other legislation as deemed by Central Government
  • Taxi and Private Hire Vehicle (PHV) Town Police Clauses Act 1847
  • Local Government (Miscellaneous Provisions) Act 1976 (the 1976 Act)
  • Vulnerable Groups Act 2006
  • Localism Act 2011

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 do not share your information with anyone else, unless we are required to do by law, or it is necessary to provide our services to you. We may share your information with the following:

• Internal
  • Other Council Departments – to meet our and their statutory obligations, such as to prevent crime/fraud or misuse of public funds. We share information for safeguarding purposes across internal services including but not limited to school transport and social care.
• External
  • Statutory agencies, such as HM Revenues & Customs, the Audit Commission, Department of Work & Pensions, the Police, Fire & Rescue Service, to meet our and their statutory obligations, such as to prevent crime / fraud or misuse of public funds. Where there are safeguarding concerns we may put the Disclosure and Barring Service and other local authorities and safeguarding bodies on notice of these issues.

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

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

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.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

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.

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.