Finance - insurance section privacy notice
1. Name of the Data Controller
Bracknell Forest Council
Time Square, Market Street, Bracknell, RG12 1JD
2. Service department contact
Insurance Section, Finance, Bracknell Forest Council, Time Square, Market Street, Bracknell, RG12 1JD
3. Contact for Data Protection Officer
Data Protection Officer
Bracknell Forest Council
Phone: 01344 352000
4. Purpose and lawful bases for the personal data that you process
Your personal data will be used to process your claim in the exercise and/or defence of legal claims:
A) ‘Legal obligation' stated in the terms of various statutes applying to the Council, including but not limited to:
- Highways Act 1980
- Health and Safety at Work Act 1974
- New Roads and Street Works Act 1991 ('NRSWA')
- Occupiers Liability Act 1957
- Occupiers Liability Act 1984
- Road Traffic Act 1988
- Commonhold and Leasehold Reform Act 2002
- Children's Acts (various)
- Human Rights Act 1998
B) ‘Consent’ when marketing a service that is being provided.
C) ‘Performance of a contract’ when providing a service with an external provider such as assessing your claim.
5. Basis of processing for special categories of data
Special Categories data is being processed for:
a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; and
b) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
6. Types of data collected
Types of data collected:
- Personal data
- Special Category data
- names, addresses, email addresses, dates of birth, National Insurance numbers, vehicle registration numbers, phone numbers, health and medical information all as relevant to the particular claim being pursued (for example, a claim for compensation arising from personal injury)
- names, addresses, mortgagee details of individuals purchasing or leasing shared ownership/residential properties
- names, addresses, details of the type of business carried out by those parties leasing commercial units from the council
- banking details on certain types of claim where settlements are made and any other personal data that is relevant to the claim
7. How do we collect data?
Personal data is supplied by claimants or their legal or other representatives (for example insurers) in pursuance (or defence) of claims.
Information is generally provided by written correspondence (electronic, or by post).
Solicitors are obliged to use the Claims Portal for certain claims (such as personal injury claims valued at up to £25,000 and where the incident giving rise to the claim falls on or after 31 July 2013) but from time-to-time this is subject to amendment by law.
8. Recipients of the personal data that you collect and process
We will need to share your personal data with 3rd parties to deliver our services.
Also any service area within the council, or a school, against whom a claim has been made: the information shared is proportionate and relevant to the claim.
The council’s insurers, external claims handlers, external loss adjusters, external (or internal) solicitors, service providers or contractors, as appropriate and necessary to deal with a claim made against the council or, on occasion, pursued by the council.
Statistical (anonymised) information will be shared with brokers and insurers in the exercise of purchasing insurance.
Statistical (anonymised) information will be disclosed in response to Freedom of Information Act requests
This is not an exhaustive list. You can ask us for more information on the 3rd party service providers.
We will not sell your personal data to any party.
9. International transfers and if applicable any safeguards in place
Your personal data may be stored securely in a cloud based system within the European Union. The council will seek to ensure that an adequate standard of security is obtained if personal data is stored on a system outside the European Union.
10. Retention periods for the data and the criteria for setting that period (for example as set in legislation)
Information provided in the pursuance (or defence) of claims may be kept indefinitely for the purpose of the detection and prevention of fraud, and for statistical purposes to enable the purchase of insurance cover.
The information will not be kept longer than necessary and in line with statutory retention periods.
11. Individual rights
The GDPR provides the following rights for individuals:
- The right to be informed.
- The right of access.
- The right to rectification.
- The right to erasure.
- The right to restrict processing.
- The right to data portability.
- The right to object.
- Rights in relation to automated decision making and profiling.
12. Right to withdraw consent
If we ask you for your consent when providing our service you have the right to withdraw consent.
13. Right to complain to the ICO
If you are not satisfied with the way that Bracknell Forest Council is holding your data, you can contact the Information Commissioner:
Information Commissioner's Office
Phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
14. Existence of profiling and/or automated decision making
Bracknell Forest Council does not need to collate your personal data for profiling or automated decision making.