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Streets, roads and pavements

Public Rights of Way Alley Gating Privacy Notice

City of York Council (CYC) complies with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018, and is the registered with the Information Commissioner’s Office (ICO), reference: Z5809563.

We updated this privacy notice in November 2023 and we will keep it under regular review.

CYC is the controller for the personal data we process, unless otherwise stated. You can contact the council’s Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 554145.

Email: information.governance@york.gov.uk.

You can find more information about the role of the Data Protection Officer in our Data Protection Policy Statement.

This privacy notice should be read in conjunction with other relevant specific privacy notices that are available in our Privacy Notice.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.


How we collect your information

We get your information directly from you.

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What personal data we process and why

We will process your personal data and if needed, we may also process certain ‘special category’ data including

  • name
  • address
  • contact details
  • health information

If you do not provide the information requested by us, we may not be able to consider your request or answer your enquiries.

The information you give us will be used to:

  • provide you with the Personal Identification Number (PIN) or key to an alley gate
  • organise repairs and maintenance on current alley gates
  • help us to make decisions about the installation of new alley gates
  • determine the effectiveness and future of current of alley gates
  • consult with individuals, for example, with residents when we have to review our Public Spaces Protection Orders (PSPOs) that we use to erect gates on alleyways, etc

The information we collect may also be included in reports and returns to central government where required. Any information for publication or use outside of the council staff who need to use it for this service, will be anonymised and will not identify any individuals.

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Automated decision-making

We do not carry out any automated decision making without any human intervention in providing this service.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data that we process about individuals is done so in accordance with Article 6 and 9 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

The legal basis for processing your personal data is in accordance with the following:

  • Article 6(1)(a) Consent:the individual has given clear consent
  • Article 6(1)(b) Contract:the processing is necessary for a contract we have with you
  • Article 6(1) (c) Legal obligation:the processing is necessary for us to comply with the law (not including contractual obligations).
  • Article 6(1)(e) Public task:the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

The legal basis for processing your special category data is in accordance with the following:

  • Article 9(2) (a) Explicit consent
  • Article 9(2) (b) Employment, social security, and social protection (if authorised by law)
  • Article 9(2)(g) Reasons of substantial public interest (with a basis in law)

This is supported by the following legal framework:

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for up to six years.

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Data sharing

We will only share your information with other council services as appropriate, such as Legal Services, or where an application or order affects property owned by the council.

The information we collect may also be included in reports, statistics and returns where required which may be shared with:

  • the relevant City of York ward councillors, the Executive Member for Transport, and senior officers
  • other council officers where relevant, such as the Rights of Way Team/li>
  • North Yorkshire Police
  • relevant parish councils
  • user groups with an interest in rights of way, such as the Ramblers and the Cyclist Touring Club
  • all other parties who have registered an interest in the application or order; this may include people or organisations acting on their behalf such as a solicitor or specialist rights of way consultant

Any information for publication or use outside of the council staff who need to use it for this service, will be anonymised and will not identify any individuals.

In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision making and satisfy ourselves we have a legal basis on which to share the information

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we use third parties to provide elements of services for us, for example, repairing alley gates, we have contracts in place with them. However, we will never share any personal information with them.

If we use survey monkey for a consultation, you can view the Survey Monkey Privacy Notice on their website.

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Transfers of personal data

We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145