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Privacy Notice (Fair Processing Notice)

Introduction

Burnley Borough Council is registered as a ‘data controller’ under the Data Protection Act as we collect and process personal information about you. We process and hold information your information in order to provide public services. This notice explains how we use and share your information. Information may be collected on a paper or online form, by telephone, email, CCTV or by a member of our staff, or one of our partners.

We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law.

Why do we collect information about you?

We need to collect and hold information about you, in order to:

  • deliver public services
  • confirm your identity to provide some services
  • contact you by post, email or telephone
  • understand your needs to provide the services that you request
  • understand what we can do for you and inform you of other relevant services and benefits
  • obtain your opinion about our services
  • update your customer record
  • help us to build up a picture of how we are performing at delivering services to you and what services people need
  • collect Council Tax, Business Rates and pay Benefits
  • prevent and detect fraud and corruption in the use of public funds
  • allow us to undertake statutory functions efficiently and effectively
  • make sure we meet our statutory obligations including those related to diversity and equalities.

We may not be able to provide you with a product or service unless we have enough information, or your permission to use that information.

How will we use that information about you?

We will use the information you provide in a manner that conforms to the Data Protection Act. We will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary. In some instances the law sets the length of time information has to be kept. We will process your information for the following purposes:

  • for the service you requested, and to monitor and improve the council’s performance in responding to your request.
  • to allow us to be able to communicate and provide services and benefits appropriate to your needs.
  • to ensure that we meet our legal obligations.
  • where necessary for the law enforcement functions.
  • to prevent and detect fraud or crime.
  • to process financial transactions including grants, payments and benefits involving the council, or where we are acting on behalf of other government bodies, e.g. Department for Work and Pensions.
  • where necessary to protect individuals from harm or injury.
  • to allow the statistical analysis of data so we can plan the provision of services.

We will not pass any personal data on to third parties, other than those who either process information on our behalf, or because of a legal requirement, and it will only do so, where possible, after we have ensured that sufficient steps have been taken to protect the personal data by the recipient. We will not disclose any information that you provide ‘in confidence’ to us, to anyone else without your permission, except in the few situations where disclosure is required by law, or where we have good reason to believe that failing to share the information would put someone else at risk. You will be told about this. We may process your information overseas using web services that are hosted outside the European Economic Area, but only with data processing agreements that meet our obligations under the Data Protection Act.

Data Sharing

We may need to pass your information to other people and organisations that provide the service. These providers are obliged to keep your details securely, and use them only to fulfil your request. If we wish to pass your sensitive or confidential information onto a third party, we will only do so once we have obtained your consent, unless we are legally required to do so. We may disclose information to other partners where it is necessary, either to comply with a legal obligation, or where permitted under the

Data Protection Act, e.g. where the disclosure is necessary for the purposes of the prevention and/or detection of crime. Where we need to disclose sensitive or confidential information such as medical details to other partners, we will do so only with your prior explicit consent or where we are legally required to. We may disclose information when necessary to prevent risk of harm to an individual.

At no time will your information be passed to organisations for marketing or sales purposes or for any commercial use without your prior express consent.

Improving customer records

We are working to make our record keeping more efficient and be able to provide relevant services more quickly. Your basic customer record comprises of your name, address, date of birth, gender, contact details (telephone/email), information which can be used to confirm your identity, a brief summary of your contact with the council, an indicator of the services used, and a customer reference number. This will not contain extensive details of the services you have received. However, this will also act as an index to other council systems, and be able to feed information into them, e.g. so you can tell us once of changes to your address and contact information.

Prevent and Detect Crime

Burnley Borough Council is required by law to protect the public funds it administers. We may use any of the information you provide to us or have provided in the past with other bodies responsible for auditing or administering public funds for the prevention and detection of fraud.

Section 68 of the Serious Crime Act 2007 enables public authorities to disclose information for the purposes of preventing fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made with such an organisation.

We will carry out data matching exercises with specified anti-fraud organisations, County, District and Borough councils. Data matching involves comparing computer records held by one body against other computer records held by the same or another body to see how far they match.  This is usually personal information.  Computerised data matching allows potentially fraudulent claims and payments to be identified.  Where a match is found it indicates that there may be an inconsistency that requires further investigation.  No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.

Disclosures of information from a public authority to a specified anti-fraud organisation are subject to a Code of Practice.  In addition, all disclosures must be made in accordance with the Data Protection Act 1998.

We may also share this information with other bodies that are responsible for auditing or administering public funds including the Cabinet Office (previously dealt with by the Audit Commission), the Department for Work and Pensions, HM Revenue and Customs, the Police and other local authorities.

In addition to undertaking our own data matching to identify errors and potential frauds we are required to take part in national data matching exercises undertaken by the Cabinet Office (previously the Audit Commission) . The use of data by the Cabinet Office in a data matching exercise is carried out under its powers in Part 6 of the Local Audit and Accountability Act 2014.   It does not require the consent of the individuals concerned.

See www.gov.uk/government/collections/national-fraud-initiative for further information.

View further information on the Cabinet Office’s legal powers and the reasons why it matches particular information. For further information on data matching at this authority contact: The Data Protection Officer Burnley Borough Council Town Hall, Burnley. BB11 9SA

Previous exercises were conducted by the Audit Commission under Part IIA of the Audit Commission Act 1998. Further information on past exercises is located at www.gov.uk/government/publications/code-of-data-matching-practice-for-national-fraud-initiative.

In situations we may monitor and record electronic transactions (website, email and telephone conversations). This will only be used to prevent or detect a crime, or investigate or detect the unauthorised use of the telecommunications system and only as permitted by the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

Telephone Calls

Ordinarily we will inform you if we record or monitor any telephone calls you make to us. This will be used, to increase your security, for our record keeping of the transaction and for our staff training purposes.

E Mails

If you email us we may keep a record of your contact and your email address and the email for our record keeping of the transaction. For security reasons we will not include any confidential information about you in any email we send to you.

We would also suggest that you keep the amount of confidential information you send to us via email to a minimum and use our secure online services or by post.

Website

Further information is available on our Terms and Disclaimer Page.

If you are a user with general public access, the website does not store or capture personal information, but merely logs a number called your IP address which is automatically recognised by the system. The system will record personal information if you:

  • subscribe to or apply for services that require personal information,
  • report a fault and give your contact details for us to respond,
  • contact us and leave your details for us to respond.

We employ cookie technology to help log visitors to our web site. A cookie is a string of information that is sent by a web site and stored on your hard drive or temporarily in your computer’s memory. The information collected is used for the administration of the server and to improve the service provided by the web site. No personal information is collected this way. You can reject the use of cookies but you may be asked for information again, e.g. to participate in a survey. Further information and how to block cookies is located on our Terms and Disclaimer page. This statement only covers the council web sites maintained by us and does not cover other web sites linked from our site.

CCTV/Surveillance

We have installed CCTV systems in some of our premises used by members of the public, for the purposes of public and staff safety and crime prevention and detection. CCTV is also installed on the outside of some of our buildings for the purposes of monitoring building security and crime prevention and detection.

In all locations, signs are displayed notifying you that CCTV is in operation and providing details of who to contact for further information about the scheme.

Images captured by CCTV will not be kept for longer than necessary. However, on occasions there may be a need to keep images for longer, for example where a crime is being investigated.

You have the right to see CCTV images of yourself and be provided with a copy of the images.

How we protect your information

The information you provide will be subject to rigorous measures and procedures to make sure it can’t be seen, accessed or disclosed to anyone who shouldn’t see it. We have a set of Information Security policies. These define our commitments and responsibilities to your privacy and cover a range of information and technology security areas. We provide training to staff who handle personal information and treat it as a disciplinary matter if they misuse or do not look after your personal information properly. We will not keep your information longer than it is needed or where the law states how long this should be kept. We will dispose of paper records or delete any electronic personal information in a secure way.

Your rights and Contact

You have the right to request that Burnley Borough Council stop processing your personal data in relation to any council service. However, this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement. You are legally entitled to request access to any information about you that we hold, and a copy.

Data Protection We will treat any personal information by which you can be in accordance with the Data Protection Act of 1998. If you have an enquiry or concern regarding the processing of personal data by Burnley Borough Council, please contact: The Data Protection Officer Burnley Borough Council Town Hall, Burnley. BB11 9SA

You can ask us for information we may hold about you by writing to the above address. We will inform you within 40 days if we store any personal information about you. You may also write to the above address to request a copy of your information and we will provide you with a legible copy of the personal data which we keep about you and to which you are entitled. This will be sent to you within 40 days of your request- although we may require proof of your identity and information to locate your personal data. There may be a small charge for this information.

General information about the Data Protection Act – Information Commissioner’s Office

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