How your personal information is used
We take your privacy seriously. As we collect and process personal information about you we are registered as a ‘data controller’ under the Data Protection Act (ICO registration Z5759571). Under the Data Protection Act, you have a right to know how we collect, use and share your personal data. The information below provides a general description of the kinds of personal data we collect, and how we might use and share it.
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Our privacy promise
We promise to collect, process, store and share your data safely and securely.
What kinds of personal data do we collect?
The personal data we collect may include your name, date of birth, address, National Insurance number or other information that identifies you.
If necessary, we might also collect what is called ‘special category’ data – that is, sensitive information such as medical/health information, racial or ethnic origin, sex or gender, religious beliefs, or political opinions.
We will always make it clear what information we are collecting, how we will use it, and why and with whom we will share it.
How do we collect your personal data?
We collect your personal data through many different ways. You might give us your personal data yourself, by entering your information in a form on our website or by contacting a service or officer in person, in writing or over the phone. We might also receive your personal data from other agencies or local authorities.
How do we use your personal data?
In most cases, we use your personal data in order to deliver our main functions. We also might use your data in order to meet a legal obligation, deliver a contract, or because you have provided your consent. In exceptional circumstances, we might share your personal data to protect your or someone else’s life.
The council’s main functions include:
- Children’s Services
- Community Safety and Emergencies
- Consumer Affairs
- Council Property
- Cemeteries and Crematoria
- Criminal Justice
- Democracy
- Economic Development
- Education and Skills
- Environmental Protection
- Finance
- Health and Safety
- Health and Adult Social Care Services
- Housing
- Human Resources
- Information Communication Technology (ICT)
- Information Management
- Legal Services
- Leisure and Culture
- Planning and Building Standards
- Procurement
- Registrars
- Risk Management and Insurance
- Transport and Infrastructure
- Waste Management
- Welfare Rights
We may process your information for reasons such as:
- for a service you requested, and to monitor and improve the councils performance in responding to your request
- to allow us to communicate and provide services and benefits appropriate to your needs
- to ensure that we meet our legal obligations
- 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, eg Department of Work and Pensions
- where necessary to protect individuals from harm or injury
- to allow the statistical analysis of data so we can plan for the provision of services
- to preserve the council’s historical archives
Why do we share your personal data?
We might share your personal data in order to effectively deliver our services. This might be because another agency has been contracted to provide a service, or because responsibility for particular services is shared across multiple agencies or authorities, such as health and social care. If we share information regularly with another organisation, the conditions for sharing your personal data are set out in a Data Sharing Agreement.
Your personal information may be transferred outside of the UK, subject to appropriate safeguards.
With whom do we share your personal data?
We will only share your personal data if it is necessary to do so, and the appropriate conditions have been met.
In general, the external bodies with whom we share information might include:
- other local authorities
- central government or government agencies
- regulators
- NHS
- police
- courts
- solicitors
- professional forums
- charities and advice organisations / third sector partner organisations
- associations, such as housing associations
- contractors
- councillors
- landlords, hostels and accommodation providers
- foster carers
Personal data also might be shared between council services, including schools.
How long do we keep your personal data?
We will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary. Your personal data is kept in line with our Retention Schedule. The retention schedule sets out the kinds of information we create and use, how long it should be kept, and what should be done with it at the end of its ‘life’.
Using personal information to detect and prevent fraud or crime
We are required by law to protect the public funds we administer. We may use any of the information you provide to us for the prevention and detection of fraud.
We may also share this information with other bodies responsible for auditing, administering public funds, or where undertaking a public function, in order to prevent and detect fraud. This includes the Department for Work and Pensions, other local authorities, HM Revenue and Customs, and the Police.
Information collected through our website
Any personal data collected through our website will be treated as confidential in line with the principles of the Data Protection Act. We will not use cookies to collect personally identifiable information about you.
Recorded telephone calls
We will inform you if we record or monitor any telephone calls you make to us. Calls made direct to or from our Contact Centre, Council Tax and Property Maintenance teams are recorded and kept for 6 months from the date of the call. Calls made to our Customer Services Digital and Systems team are also recorded. We do not record any financial card details if you make a payment over the phone. If the call is transferred to another department outside the teams listed above, the recording stops.
Calls are recorded for staff training purposes and for our record keeping of the transaction.
CCTV and surveillance
CCTV systems are installed in some areas used by members of the public, for the purpose of public safety and crime prevention and detection. CCTV is also installed outside some of our council buildings.
In all locations, signs are displayed notifying you that CCTV is in operation. Images captured by CCTV will normally be kept for only a brief period and then deleted. Occasionally there may be a need to keep images for longer, for example where a crime is being investigated, subject to appropriate safeguards and controls
We operate CCTV and disclose in accordance with the codes of practice issued by the Information Commissioner.
Marketing and research
From time to time we conduct surveys using online and paper questionnaires. We do this in order to develop new services and improve of delivery of existing services. We will only use your personal information collected through this method for the above stated purposes.
Your personal information may be passed to third parties, for example Scottish Government and its departments for research purposes. Such data sharing will only be carried out in circumstances where this is consistent with the original purpose for gathering the data, or where another lawful basis for sharing the data applies, as described above. We will never sell your personal information.
Your rights
The Data Protection Act gives you certain rights in relation to the council’s use of your personal data. For more information about exercising any of these rights listed here, please contact us via the details on this page, or by email to sar@eastlothian.gov.uk.
You can also find more information on your rights under data protection on the Information Commissioner's website.
Requesting access to your personal data
You may have the right to request access to the personal data we hold about you. This is also known as a ‘Subject Access Request’
Letting us know if your personal information is incorrect
If you believe the personal data we hold about you is inaccurate or incomplete you may have the right to rectify this. This right applies only in certain circumstances.
What if you want us to stop using your personal information?
You may have the right to object to our use of your personal information, or to ask us to delete, remove, or stop using your personal information if you think there is no need for us to keep it. This right applies only in certain circumstances, and we might not always be able to comply with your request. For example, there may be legal obligations or other compelling reasons why we need to keep your data.
In some circumstances we can restrict the use of your data. You can ask us to restrict the use of your personal information if:
- it is not accurate
- it has been used unlawfully but you don’t want us to delete it
- it is not relevant any more
- you have already asked us to stop using your data but you are waiting for us to tell you if we are allowed to keep on using it
Transferring data
You may have the right to get your personal information from us in a format that can be easily re-used and transferred to another local authority. This right only applies in certain circumstances.
Automatic processing
You have the right to ask if any of your personal information is being subjected to automatic profiling or decision making.
Contact information and more advice
For any more questions regarding how long your personal data is kept, or how and why your data is used by us, contact the Data Protection Officer using the contact details on this page.
You can contact the Data Protection Officer in writing, by telephone or by email.
For more specific information on how individual council services use your data, you should contact the service directly and ask to see a copy of the relevant Privacy Notice. You can also contact our offices.
More information on our overall approach to managing personal data is in our data Protection Policy.
We will continually review and update this privacy notice to reflect changes in our services, and to comply with changes in law.