City of York Council (CYC) complies with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018, and is registered with the Information Commissioner’s Office (ICO), reference: Z5809563.
We regularly review this privacy notice, and it was last updated in May 2024.
CYC is committed to ensuring that information is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
This Privacy Notice explains how and why we process your information, under Part 3 of the Data Protection Act 2018 for law enforcement purposes and the steps we take to keep your information safe.
CYC is the controller for the personal data we process, unless otherwise stated. You can contact the council’s Data Protection Officer at:
West OfficesStation 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
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We will get your information
- directly from you and/or
- from third parties such as advocacy services; Councillors, other council services, NHS organisations, police, etc.
What personal data we process and why
The information we will process about you will vary depending on why and how you are contacting or interacting with the Corporate Governance Team (CGT) and the service you are requesting such as providing your name and address e.g. when making a Freedom of Information Act request, or special categories of personal data such as health information if you are making a complaint about an assisted medical waste collection.
This means we will collect and use your information such as
- name
- address
- date of birth
- contact details
- proof of identity for example, passport, driving licence
- financial information
- health information
- racial or ethnic origin
- religious and philosophical beliefs
Also, if its relevant and appropriate to, we may also have to process data relating to criminal convictions and offences, including past criminal convictions or offences
We will use your information to
- respond to your enquiry or request
- respond to a regulator or ombudsmen enquiry, investigation, or case
- to comply with our obligations under relevant legislation and laws such as Freedom of Information Act (FOI), Environmental Information Regulation (EIR), UK data protection and privacy legislation, Regulation of Investigatory Powers Act 2000 (RIPA) and Investigatory Powers Act 2019 (IPA) and all relevant codes of practice
- to comply with our obligations under the adult and children’s social care legislation covering complaints
The information we collect may be included in presentations, statistics, and reports. Any presentations, reports and statistics for publication or use outside of the authorised council staff, will be anonymised, and cannot be linked back to you, your family, or individuals. Reports containing anonymous information may also be shared with the public and other organisations.
When we conduct surveys or consultation, we will get your consent for this. You can withdraw your consent at any time by contacting information.governance@york.gov.uk.
Automated decision-making
We do not carry out any automated decision-making in the Corporate Governance Team services.
Collecting information automatically
Please see our cookies page for further information about the information we collect automatically when you use our website.
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.
Lawful basis for processing your personal data
Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with Article 6, Article 9, and Article 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018). These are one or more of the following:
Article 6(1)
- (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
- (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
- (d) Vital interests: the processing is necessary to protect someone’s life.
- (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- (f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
Article 9(2)
- (a) Explicit consent
- (b) Employment, social security, and social protection (if authorised by law)
- (c) Vital interests
- (g) Reasons of substantial public interest (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework:
- Freedom of Information Act 2000
- Environmental Information Regulations 2004
- Data Protection Act 2018
- UK General Data Processing Regulation (GDPR)
- Re-use of Public Sector Information 2015
Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.
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.
How long we keep your personal data
We will only keep your information for up to 6 years after your last contact with us on a case-by-case basis and then it will be securely and confidentially destroyed.
Data sharing
We will only share your information with other council services to be able to respond to your request or enquiry.
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. For example, we may share information about you with regulators, ombudsmen, and other parties such as independent people or investigators.
We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.
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.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them. These are listed below:
If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
If we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information at their Privacy Notice.
If we use Delib’s CitizenSpace (digital citizen engagement platform) you can find out how they use your information at their Privacy Notice.
If we use Granicus/Gov Delivery to send you updates, newsletters etc you can find out how they use your information at their Privacy Policy.
If we use WhatsApp, you can find out how they use your information at their Privacy Policy.
Transfers of personal data
We do not 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.
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
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 OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA