Wednesday 20th November 2019
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Privacy notice

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​We are committed to protecting your privacy when you use our services. This privacy notice explains how we use your information you and how we protect your privacy.
 
A list of services we provide will be available at the bottom of the page soon. Under each service we'll include more information about what we do with your data within that service, where it is different to the main policy below. We'll also provide information about who we may share your information with and why. 
 
Our Interim Chief Executive, Laura Church, is the data controller for Luton Council. We have a data protection officer who makes sure we respect your rights and follow the law in the way we use your data.

If you have any concerns or questions about how we look after your personal information, please contact:

Yvonne Salvin
Data Protection Officer
Email: [email protected]
Telephone: 01582 546398

Subject access request (SAR)

You have a right to access any personal data we hold on you and can also ask for it to be amended, deleted or restricted.
 
 
Click the button below to make a subject access request.

Apply to access, amend, delete or restrict personal records

Service privacy notices

If you want to see more information about the data our services collect about you please refer to our service privacy notices.

View service privacy notices ​​​

If you want to see more information about how we assess our privacy risks please refer to our privacy impact assessments.

View privacy impact assessments ​​​

Do you know what personal information is?

Personal information can be anything that identifies and relates to a living person. This can include information that when put together with other information can identify you.

We may collect the following types of personal information about you depending on which services you receive from us:

Contact:
Name, address, email, telephone number
General:
Date of birth, gender, marital status, national insurance number, driving license, vehicle identification, passport, languages spoken, immigration status, ethnicity, sexuality, religion
Family relationships:
Details of family relationships, marital status, family breakdown and relationships, next of kin, emergency contact details, child in local authority care
Employment and education:
Occupation, education history, qualifications, references, contact with other educational professionals/services, school exclusion history, special educational needs, school, teacher assessment judgements, attendance and attainment information, application history, CV, Interview notes/scores, proof of right to work documentation, proof of address, proof of identity, references, education and professional qualifications, disciplinary data, DBS number, DBS expiry, HCPC number (Social Work), trade union membership, trade union membership
Financial information:
Income, pensions, benefits and allowances, bank accounts, savings, investments, unique tax reference, property ownership, council tax, debt history, rent history, business activities, landlord details
Criminal history:
Criminal convictions, cautions and restorative justice
Health information:
Dentist and GP contact details, medical conditions including mental health, mental capacity assessments, history of substance abuse, smoking status, disability data, pregnancy data, blue badge number, NHS number, sexual health

Some of the personal information we might collect is more sensitive than others and is known as special category information. This may be information about your:

  • criminal history
  • ethnicity
  • genetic or biometric data
  • physical or mental health
  • political opinion
  • religious or philosophical beliefs
  • sexuality
  • sexual health
  • trade union membership

It’s often information you would not want widely known and is very personal to you. We will ensure this information is well protected and that we only use and share it if we have to.

Why do we need your personal information?

We may need to use some information about you to:

  • deliver services and provide support to you
  • manage the services we provide to you
  • train and manage the workers who deliver those services
  • help investigate any complaints you have
  • keep track of spending on services
  • check the quality of our services
  • help with research and planning of new services
  • to collect debts owed to the council where the law allows
  • detect and prevent fraud

For example we will process information about you when you make a claim or apply for:

  • personal budget/social care
  • taxi license
  • market trader license
  • personal alcohol license
  • social housing (this includes tenants and those on the housing waiting list)
  • right to buy applicants
  • transport pass and permits
  • council tax reduction schemes
  • universal credit
  • housing benefit
  • insurance claim against the council

This list is not exhaustive. When you use a Council service we will normally collect data about you in order to provide that service to you.

How the law allows us to use your personal information and special category data

There are a number of legal reasons why we need to collect and use your personal information.

Personal data

Consent:
You have given clear consent for us to process your personal data for a specific purpose.
Contract:
The processing is necessary for a contract you have with us, or because you have asked us to take specific steps before entering into a contract.
Legal obligation:
The processing is necessary for us to comply with the law
Vital interests:
The processing is necessary to protect your life
Public task:
The processing is necessary for us to perform a task in the public interest or for our official functions as a public authority.

Special category data

Consent:
You have given clear consent for us to process your personal data for a specific purpose.
Employment, social security/social protection: Your data is necessary for employment or social security purposes
Vital interests: The processing is necessary to protect your life
Not for profit:
Your data is processed by a not-for-profit body that you belong to
Public domain:
You have already made your information publicly available
Legal defence claims:
It is necessary for legal cases or by the courts
Substantial public interest:
It is for the benefit of society as a whole
Adult social care:
It is necessary to deliver health or social care services
Public interest in public health:
It is necessary to protect public health
Scientific/historical Research, Statistics or Public Archiving:
It is necessary for archiving, research, or statistical purposes

If you want to see more information about the why our services collect data about you please refer to our service privacy notices.

We only use what we need!

We will only collect and use personal information if we need it to deliver a service or meet a specific requirement.

If we don’t need your personal information we will either keep you anonymous if we already have it for something else or we won’t ask you for it. For example in a survey we may not need your contact details we’ll only collect your survey responses.

If we use your personal information for research and analysis, we’ll always keep you anonymous or use a different name unless you’ve agreed that your personal information can be used for that research.

We will never sell your personal information to anyone else. Electoral registration information is accessible to the public and to specified organisations.

What are your rights?

The law gives you a number of rights to control what personal information is used by us and how it is used by us. You are not required to pay any charge for exercising your rights. We have one month to respond to you.

Right of access:
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process. For example we will not share confidential information about other people, information that a professional thinks will cause serious harm to you or someone else’s physical or mental wellbeing or information that may stop us from preventing or detecting a crime
Right to rectification:
You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Right to erasure:
You have the right to ask us to erase your personal information in certain circumstances.
Right to restriction of processing :
You have the right to ask us to restrict the processing of your information in certain circumstances.
Right to object to processing:
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks, or is in our legitimate interests
Right to data portabililty:
This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you. The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract and the processing is automated
Automated decision making and profiling:
You can ask to have any computer made decisions explained to you, and details of how we may have ‘profiled’ you. You have the right to question decisions made about you by a computer, unless it’s required for any contract you have entered into, required by law, or you’ve consented to it. You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information, for example, your health conditions. If we are carrying out any of these activities we will:

  • tell you about the processing
  • introduce simple ways for you to request human intervention or challenge a decision
  • carry out regular checks to make sure that our systems are working as intended

If we are processing your information for criminal law enforcement purposes, your rights are slightly different.

We may not always be able to change or remove information that we hold about you because in some cases we are required in law to retain it. However, where we can’t delete your data we will correct factual inaccuracies and might, in certain circumstances, include your comments in our record to show that you disagree with it. We will always provide a written response explaining our decision.

We cannot delete your information where:

  • we’re required to have it by law
  • it is used for freedom of expression
  • it is used for public health purposes
  • it is for, scientific or historical research, or statistical purposes where it would make information unusable
  • it is necessary for legal claims

If you would like to access your records or want to use any of the rights outlined above please use this online request form, Apply to access, amend, delete or restrict personal records.

Where do we get your data from?

Most of your data is obtained from you when you apply for our services. In addition we might receive information about you from other organisations that work with us to provide services for you. Examples of these organisations are:

  • police authorities
  • other local authorities
  • fire and rescue authorities/li>
  • ambulance services
  • pension authorities
  • residential and nursing care homes and supported living providers
  • voluntary sector organisations
  • The Care Quality Commission
  • Health and Care Professions Council
  • Primary Health sector such as GPs
  • the courts
  • Traffic Penalty Tribunal
  • Traffic Enforcement Centre
  • appointed enforcement agents
  • immigration services
  • OFSTED
  • Office of National Statistics
  • the council’s insurance provider
  • NHS trusts and strategic health authorities
  • clinical commissioning groups
  • passenger transport authorities
  • waste authorities
  • Greater London Authority and its functional bodies
  • Home Office
  • Cabinet Office
  • housing associations
  • probation authorities
  • insurance fraud bureau
  • other government departments
  • domiciliary care agencies
  • department for work and pensions
  • Vehicle and Operator Services Agency
  • Gambling Commission
  • National Fraud initiative
  • Environment Agency

Why do we share your information?

As well as providing services to our citizens we are required by law to:

  • prevent and detect potential fraud and crime
  • protect the public purse and minimise waste
  • make adequate provisions for safeguarding vulnerable residents
  • make adequate provision for auditing
  • carryout emergency response planning

To help we may share and process the information provided to us in different ways. Including information held about:

  • anti-social behaviour
  • blue badges
  • council employee payroll
  • council employee pensions
  • council tax
  • electoral register
  • enforcement trading standards, environmental health and waste
  • housing
  • housing benefit and council tax reduction scheme
  • insurance investigations
  • leisure
  • libraries
  • licensing merchants, dealers, market traders, taxi drivers/operators, personal/alcohol licences and HMO licences
  • property: planning, building regulation, business rates
  • schools
  • contact Centre
  • provision of council-funded services
  • information provided to the council to assist us with our legal obligations
  • other local authority records held in respect of one or more of the above
  • information provided by external bodies

We may also share information to ensure the safeguarding a child or adult. This is often because we need to give that data to courts, including:

  • if we take a child into care;
  • if the court orders that we provide the information;
  • if someone is taken into care under mental health law

For these reasons the risk must be serious before we can override your right to privacy.

If we’re worried about your physical safety or feel we need to take action to protect you from being harmed in other ways, we’ll discuss this with you and, if possible, get your permission to tell others about your situation before doing so.

We may still share your information if we believe the risk to others is serious enough to do so.

There may also be rare occasions when the risk to others is so great that we need to share information straight away.

If this is the case, we’ll make sure that we record what information we share, who we shared it with and why we needed to share it. We will let you know what we’ve shared and why if we think it is safe to do so.

Who do we share your information with?

We use a range of organisations to either store personal information or help deliver our services to you. Where we have these arrangements there is always an agreement in in place to make sure that the organisation complies with data protection law and our own privacy standards. This is usually through a contract or an information sharing agreement.

Sometimes we have a legal duty to provide information to other organisations including:

  • police authorities
  • other local authorities
  • fire and rescue authorities/li>
  • ambulance services
  • pension authorities
  • residential and nursing care homes and supported living providers
  • voluntary sector organisations
  • The Care Quality Commission
  • Health and Care Professions Council
  • Primary Health sector such as GPs
  • the courts
  • Traffic Penalty Tribunal
  • Traffic Enforcement Centre
  • appointed enforcement agents
  • immigration services
  • OFSTED
  • Office of National Statistics
  • the council’s insurance provider
  • NHS trusts and strategic health authorities
  • clinical commissioning groups
  • passenger transport authorities
  • waste authorities
  • Greater London Authority and its functional bodies
  • Home Office
  • Cabinet Office
  • housing associations
  • probation authorities
  • insurance fraud bureau
  • other government departments
  • domiciliary care agencies
  • department for work and pensions
  • Vehicle and Operator Services Agency
  • Gambling Commission
  • National Fraud initiative
  • Environment Agency

What data matching do you do with my information?

In order to comply with our legal obligations to:

  • prevent and detect potential fraud and crime;
  • protect the public purse and minimise waste
  • make adequate provisions for safeguarding vulnerable residents
  • make adequate provision for auditing
  • carryout emergency response planning

The Council may carry out data matching and data mining exercises. To do this we share information internally but we may also share information with other parties as set out in (please see 'Who do we share you information with' above)

When data matching or data mining exercises identify records which do not match further investigations are carried out to establish the facts.

Only once an investigation is completed is a decision made as to whether a crime or fraud has taken place. In the majority of cases records simply need correcting and thus these exercises help us to keep our records accurate and up to date.

In addition to the data matching and data mining that we carry out, the government also conducts its own data matching exercises, utilising its statutory powers. This is commonly known as the National Fraud Initiative (NFI).

We are required by law to participate in the NFI.

If you have any concerns about the data we hold about you or how we use it please contact:

Data Protection Officer
E: [email protected]
T: 01582 546398

How do we protect your information?

Data sharing can bring important benefits to both the Council and its citizens, making your lives easier and helping us to deliver efficient services. It is important, however, that we have high data protection standards, sharing data in ways that are fair, transparent and accountable.

We will make sure we hold records about you (on paper and electronically) in a secure way, and we’ll only make them available to those who have a right to see them. Examples of our security include:

  • Encryption:
    meaning that information is hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code or what’s called a ‘cypher’. The hidden information is said to then be ‘encrypted’
  • Pseudonymisation:
    meaning that we’ll use a different name so we can hide parts of your personal information from view. This means that someone outside of the Council could work on your information for us without ever knowing it was yours. Read our Anonymisation and pseudonymisation policy.
  • Controlling access to systems and networks:
    allows us to stop people who are not allowed to view your personal information from getting access to it
  • Training for our staff:
    allows us to make them aware of how to handle information and how and when to report when something goes wrong
  • Regular testing of our technology and ways of working:
    including keeping up to date on the latest security updates (commonly called patches).

Where in the world is your information?

The majority of personal information is stored on systems in the UK. But there are some occasions where your information may leave the UK either in order to get to another organisation or if it’s stored in a system outside of the EU.

We have additional protections on your information if it leaves the UK ranging from secure ways of transferring data to ensuring we have a robust contract in place with any third party who may transfer it out of the EU.

If we need to send your information to an ‘unsafe’ location we’ll always seek advice from the Information Commissioner first.

How long do we keep your personal information?

There’s often a legal reason for keeping your personal information for a set period of time, we try to include all of these in our retention-schedule

For each service the schedule lists how long your information may be kept for. This ranges from months for some records to decades for more sensitive records.

Where can I make a complaint?

If you have a questions or concern about how we are collecting or using your personal information, we would appreciate an opportunity to deal with your concerns before you contact the Information Commissioner’s Office (ICO).

You can raise your concerns by contacting our Data Protection Officer.

Data Protection Officer
E: [email protected]
T: 01582 546398

Or write to:

Data Protection Officer
Business Intelligence team
Luton Council
Town Hall
Luton
Beds
LU1 2BQ

If you are not happy with our response or you would like independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
T: 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 [email protected].

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