Legal Services - Commercial - Privacy Statement

A new data protection law was introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.

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:

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 will include details such as your name, address and e-mail address and personal mobile telephone number and/or personal home telephone number.

Unless specifically agreed with you, we will only collect personal data about you which does not include any special categories of personal information about you (also known as ‘sensitive personal data’)

Why we need this information?

We need to know this basic personal data in order to perform our contractual obligations or potential contractual obligations. 

If you do not provide this information then we will be unable to enter into or continue with the performance of contractual obligations.  We will not collect any personal data from you that isn’t needed for delivery of those services.

The lawful basis for collecting your information in these circumstances is:

  • Contractual; processing is necessary for the performance of a contract or to take steps to enter into a contract
  • Public Task; 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

What we will do with your information?

We will use your information to perform our contractual obligations and this will involve sharing your information with the recipients or categories of recipients below:

  • Other sections within Argyll and Bute Council including Customer Services, Development and Infrastructure and Community Services and any other relevant council officers necessary to carry out any of the services which Legal Services - Commercial provide
  • Utility companies providing gas, water, electricity, fuel oil etc. to the Council e.g. Scottish Power, Scottish & Southern Energy, EDF, Total Gas, Scottish Fuels, Scottish Water, Anglian Water and others as relevant
  • Government Agencies, e.g. Land Register of Scotland, HMRC
  • Approved searchers, partner agencies
  • External legal firms acting on behalf of the Council.

When you do not provide information to us directly, we may receive it from other relevant sources including your agent(s), others within the Council obtained by carrying out standard legal searches, or other partners, e.g. other local authorities, police etc.

All the information we collect from you will be processed by staff in the United Kingdom.

The information will be stored in paper format and/or in electronic format.

Stored Information

Transaction Type

Retention Period

Legal advice, debt recovery, insurance claims

5 years

Tree Preservation Orders

3- 6 years

Legal agreements

6 years

Conveyancing

10 years

Deeds

Permanent

Dangerous buildings

Permanent

How long will we keep your information?

Data protection laws require personal data to be kept no longer than is necessary. Depending on the nature of the legal matter in respect of which personal data has been provided different retention rules apply. The relevant matter types and retention periods are set out in the Council’s retention schedule.

 

More information on our retention schedule can be provided by the Data Protection Officer if required. You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the European Union. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided by the Data Protection Officer if required.

Automated Decision Making

The information you provide will not be used for automated decision making purposes.

Your Rights

When you provide information to the Council, you will have the following rights:

  • to withdraw consent at any time, where the lawful basis specified above is consent
  • 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
  • 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

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