Privacy notice for legal services

Legal Services Privacy Notice

Devon County Council (DCC) is collecting and or processing your personal data as a Data Controller under Data Protection Legislation and our ICO registration number is Z6475582. This privacy notice concerns the processing of personal data that takes place by Devon County Council Legal Services.

This notice explains what information we collect, why we collect it and how we keep it secure. It also explains your rights and our legal obligation. Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

We will notify you of any changes to this privacy notice

This privacy notice was last updated 15/09/2022. If we use your personal data for any new purposes, updates will be made to the policy information and changes communicated, where necessary in accordance with current data protection legislation.  Any queries relating to this privacy notice please contact the Data Protection Officer.

What information are we processing?

The categories of information that we collect, process, hold and share include:

  • personal information (such as name, address, date of birth)
  • special category information (health data)
  • data relating to criminal convictions and offences
  • information relating to your interactions with Devon County Council and the services that we provide
  • information you provide to us as part of your interactions with Devon County Council

Purpose of collecting or processing your personal data

We may collect and otherwise use your personal data to:

  • advise council departments and councillors in connection with their functions, powers, and duties
  • prepare legal documents, such as contracts
  • conduct litigation on behalf of the Council
  • prosecute offenders using the Council’s regulatory powers and functions

The legal basis for us collecting your personal data

We use your information for the following purposes:

General personal information

  • assisting the council in carrying out its public functions as set out in law
  • providing advice to the council on the performance of contracts
  • assisting the council in complying with its legal obligations

Special category data

  • establishing and exercising or defending legal claims (such as deciding whether it is in the public interest to prosecute a person suffering from a particular medical condition)
  • carrying out tasks in the substantial public interest (such as preventing or detecting unlawful acts)

Criminal conviction data

  • the exercise of functions conferred on the council by law
  • in connection with legal proceedings
  • the prevention or detection of unlawful acts
  • protecting the public against dishonesty
  • the prevention of fraud
  • the publication of legal judgements

Personal data that is collected for any of the purposes outlined in this notice is never used for direct marketing purposes and is not sold on to any other third parties.

Recipients or categories of recipients that we may share your personal data with

When processing your personal data, it may be necessary for us to share personal data with third-party organisations such as:

  • Local and national police forces and crime prevention and detection agencies across the UK
  • External legal advisors that we employ to represent us on legal matters
  • Your nominated legal advisors
  • Internal departments within Devon County Council
  • The courts and those involved in legal proceedings and non-contentious matters including external solicitors and barristers, the Office of the Official Solicitor and Public Guardian, the Police, CAFCASS and other Local Authorities
  • Other Local Authorities, Parish Councils and Commons Associations
  • Highways England
  • Tribunals
  • Coroner’s Inquests
  • Inquiries
  • Government Agencies
  • The Land Registry
  • HMRC
  • The National Health Service and Clinical Commissioning Groups
  • Members of the public by way of statutory notice or property related order (for example Compulsory Purchase Order)
  • Trade Unions
  • Solicitors, barristers and other professionals who may be acting on our behalf
  • Third Party organisations such as Together Drug and Alcohol Service, Norse South West Limited, care agencies, care home providers and other professional carers.
  • Deputies appointed by the Court of Protection and Attorneys appointed under Lasting Powers of Attorney.

As part of legal proceedings, we may also be ordered to disclose information you provide us to other parties to legal proceedings.

If we feel that it is necessary to share your personal data with professionals to ensure you or someone you work with is safeguarded from harm, we rely upon the provisions of the Safeguarding Vulnerable Groups Act 2006 and Children Act 1989 & 2004.  Where it is necessary to share medical or social care information for these purposes, we rely upon article 9(2)(h) of the UK General Data Protection Regulation (information necessary for medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems).

We may also need to share some personal data about you, so that we can support third party organisations to discharge their regulatory requirements.  This includes organisations such as;

  • The data protection regulator (the Information Commissioner’s Office)
  • The Care Quality Commission
  • OFSTED
  • The Department for Education
  • The Department for Work and Pensions

We may also share information to enable us to comply with court orders and other legal obligations.  If this is necessary, we will only share the minimum amount of personal data needed for this purpose.

International transfers

Devon County Council does not intend to transfer your personal data to countries outside of the scope of UK data protection laws. However, should this become necessary for whatever reason, we will always ensure that appropriate and lawful controls are implemented to safeguard any transfers. Such controls will include:

Ensuring that the recipient country is the subject of an adequacy decision under UK GDPR legislation

  • There is a legally binding and enforceable instrument between public authorities or bodies;
  • There are binding corporate rules in place in accordance with Article 47 of the UK GDPR;
  • There are standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2) of the UK GDPR;
  • There are standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2) of the UK GDPR;
  • An approved code of conduct pursuant to Article 40 of the UK GDPR is in place, together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects’ rights; or
  • An approved certification mechanism pursuant to Article 42 of the UK GDPR in in place, together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects’ rights.

How long will we hold your personal data?

We will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.

Your data protection rights

Under Data Protection Legislation, you have the right to obtain a copy of their personal records held by us, this is called a Subject Access Request (SAR). Information on how to make a request and further information on your rights under data protection legislation and how to exercise them.

Complaints

If you have any comments, queries or complaints about this privacy notice or the processing of your personal data please contact our Data Protection Officer.

Alternatively, if you are not happy with the way that DCC is handling your personal data, you are entitled to appeal to the Information Commissioners Office (ICO). The Information Commissioners Office enforces and oversees the Data Protection Regulations.

Contact details

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Email: casework@ico.org.uk

Automated decisions

Devon County Council does not intend to use your personal data to make automated decisions that will have a legal affect on you.