Legal services privacy notice
This privacy notice is to let you know how we promise to look after your personal information. This notice explains how we do this and tells you about your privacy rights and how the law protects you.
This privacy notice covers legal services
What information do we collect?
The type of information we collect will depend on why you have got in touch with us. The information will include some or all of the following:
- name and address
- contact details
- correspondence (emails, letters, supporting documents)
- conversations (recorded and typed notes of telephone conversations)
- case notes
- witness statements
- court and tribunal proceedings
- reason why you have contacted us
- contacts that we have had with you
- financial information, including bank account details
- medical information
- offending history
- characteristics (such as age, ethnicity and language)
- details of your GP and other people providing professional support, if applicable
Who uses this information and who do we share it with?
We may sometimes share the information we have collected about you with the following where it is necessary, lawful and fair to do so. In each case we will only share the minimum amount of information.
National Regulators for example, Information Commissioner's Office
The Courts, judges, coroners, Crown Prosecution Service, Employment Tribunals
Legal representatives of other parties
Barristers and external solicitors acting on behalf of the council
The Police and other crime enforcement agencies
Other public authorities for example schools, NHS, councils, government departments (HMRC, DWP, Immigration etc)
Union representatives (with consent)
Elected Members and MPs (as your representative)
Contractors providing IT services, case management services
Why do we use this information?
To monitor Regulation of Investigatory Powers (RIPA) authorisations
To manage legal cases
What authority does Harrogate Borough Council have to collect and use this information?
Legal obligation under various UK laws including but not limited to:
Regulation of Investigatory Powers Act
Equality Act 2018
The following areas of law/common law:
Planning and development
Legal Services processes personal data under the following categories of lawfulness in the General Data Protection Regulation:
6(1)(a) the data subject has given consent to the processing of his or her personal data for one of more specific purposes
6(1)(b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject
6(1) (d) Processing is necessary in order to protect the vital interests of the data subject or of another natural person
6(1)(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
9(2)(b) Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
9(2)(e) processing relates to personal data which are manifestly made public by the data subject
9(2)(f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
9(2)(g) Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards
9(2)(i) processing is necessary for reasons of public interest in the area of public health such as protecting cross border threats to health
9(2)(j) processing is necessary for archiving purposes in the public interest, scientific, historical research purposes or statistical purposes
Sharing information during the Covid-19 pandemic crisis
Personal data or special category data may be shared with relevant organisations and agencies during the Covid-19 pandemic crisis. The lawful basis for sharing this information is that (1) it is necessary for the performance of a task in the public interest and (2) to protect the vital interests of an individual.
How do we keep this information secure?
Information which is held electronically is either held in files that are held on the council's servers or dedicated databases. These systems are password protected and only accessible to people who need access to them.
Information which is held on paper is either stored in offices which are subject to access controls or in the dedicated archive provision for the Council. Where information is removed from the office for operational purposes the amount of this is minimised and staff are trained to ensure that this is kept secure at all times.
Audio based information, such as records of PACE interviews, are kept in locked storage within an access controlled office.
When computers make any decisions about you?
Legal Services does not make or use any automated decisions.
When your data gets sent to other countries?
We do not send any information we collect about you outside the United Kingdom.
How long do we keep this information?
The length of time that we keep information for varies depending on what we use this information for, because there are different business and statutory needs for different processes that we follow. We have a record retention schedule which details how long we keep different types of records and what we do with them when we no longer need them.
What are your rights?
You have the right to request Harrogate Borough Council to stop processing your personal data in relation to any council service. Please read our main privacy notice for further details.