PRIVACY NOTICE – CIVIC GOVERNMENT LICENCES
What information do we need?
Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT.
Email: Iain.Jackson@argyll-bute.gov.uk or data.protection@argyll-bute.gov.uk
Telephone: 01546 604188 or 01546 605522
The information we collect from you will include details such as your name, address, e-mail address, telephone number, date and place of birth.
For the purposes of this specific service, the personal data we require includes special category information about you (also known as ‘sensitive personal data’), specifically health information (disability, allergies, fitness to operate), For taxi driver or private hire driver licence applications, we ask for and hold specific information relating to aortic aneurysms, and where applicants are aged 65 years and over, a full group 2 medical standards certificate is required.
In addition we may also require details of any previous criminal convictions and previous licence information.
Why do we need this information?
Your information is being collected to allow Argyll and Bute Council to administer the process of applying for licences under the Civic Government (Scotland) Act 1982.
We need to know the personal data requested on the application form in order to provide this service to you. If you do not provide this information then we will be unable to process your request for a licence. We will not collect any personal data from you that isn’t needed for this purpose.
The lawful basis for collecting your information in these circumstances is:
Compliance with legal obligation: Argyll and Bute Council is required to collect your information in order to carry out the function of providing licences in relation to the Civic Government (Scotland) Act 1982, which is a statutory function of a local authority.
Where we collect special category data (for taxi driver or private hire driver licence applications) this processing is necessary for reasons of substantial public interest for aims that are proportionate and which contain appropriate safeguarding measures.
What will we do with your information?
We will use your information to process your application for a licence. Depending on the type of licence, this will involve sharing your information as shown in the table below.
| Type of licence | Who your information will be shared with |
|---|---|
| Second hand dealer | Environmental Health, Police Scotland and Scottish Fire and Rescue Service |
| Second hand motor dealer | Police Scotland and Scottish Fire and Rescue Service |
| Metal dealer | Environmental Health, Police Scotland and Scottish Fire and Rescue Service |
| Itinerant metal dealer | Police Scotland |
| Street trader | Environmental Health and Police Scotland |
| Market operator | Environmental Health, Police Scotland and Scottish Fire and Rescue Service |
| Public entertainment | Environmental Health, Building Standards, Police Scotland and Scottish Fire and Rescue Service |
| Late hours catering | Environmental Health, Police Scotland and Scottish Fire and Rescue Service |
| Window cleaner | Police Scotland |
| Boat hirer | Police Scotland and Maritime and Coastal Agency |
| Taxi operator | Police Scotland |
| Private hire car operator | Police Scotland |
| Taxi driver | Police Scotland |
| Private hire driver | Police Scotland |
| Taxing booking office | Police Scotland |
| Knife dealer | Police Scotland, Scottish Fire and Rescue Service, Environmental Health, Planning & Building Standards and Trading Standards |
| Skin piercing and tattoo operator | Environmental Health, Police Scotland and Scottish Fire and Rescue Service |
Notices of all applications are provided to the relevant Council area office, and will include basic information about the applicant and some detail about the application (i.e. location(s) for a street trader licence). No special category data is included in the notice.
Applications where valid objections or representations are made will be considered at meetings of the Planning, Protective Services and Licensing Committee, which are open to the public. We are also required to publish information in licensing registers, which will include your name, address and type of licence. No special category data is included in the register.
When you do not provide information directly to us, we may receive it from other relevant organisations including other Council services, other Local Authorities or Police Scotland.
You should also be aware that your data will be stored on servers located within the United Kingdom. We will take all reasonable steps to ensure that your data is kept secure and more information on how we do this can be provided by contacting the Data Protection Officer.
How long will we keep your information?
We will keep your information for the length of time specified within our document retention schedules, and after this period it will be destroyed under secure arrangements. All documentation relating to licences under the Civic Government (Scotland) Act 1982 will be kept for a maximum of 2 years from the date the licence expires, is surrendered or revoked, with the exception of skin piercing and tattoo operator licences, which will be kept for up to 5 years. More information on our retention policy and procedure can be obtained from the Data Protection Officer if required.
Automated Decision Making
No automated decision making will take place.
Your Rights
When you provide information to the Council, you will have the following rights:
- to withdraw consent at any time, where the legal basis specified above is consent (not applicable)
- to lodge a complaint with the Information Commissioner’s Office – see below for details
- to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
- to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract (not applicable)
- to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.
Information Commissioner’s Office
The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113
Email: casework@ico.org.uk
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0303 123 1115
Email: Scotland@ico.org.uk