Sundry debtors - 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.

Your Personal Data

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 

Argyll and Bute Council will collect personal data about you when issuing Sundry Debt invoices to you for goods or services provided to you by the Council for which there is a charge such as music tuition or care services. 

The information collated includes:

  • Details about you such as your name and address, telephone number and email address.
  • Financial details such as bank account number if you pay by Direct Debit.
  • Details of the service you have been provided with i.e.:- dates of service, location of service
  • Other financial details if you are in arrears and have made a special arrangement to pay

We will use this data to raise an invoice and recover arrears if it is necessary to do so. We may check some of the information with other sources, such as a credit reference agency to ensure this data is accurate.

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

Why we need this information?

We use this personal information to administer and collect sundry debt. This may include any of the following;

  • Raise an invoice
  • Send you reminders and taking recovery action in the event of non-payment
  • Undertaking a means assessment if you are experiencing difficult in paying
  • Recover any monies owed in line with our legal powers for example take you to court, refer the debt to the sheriff officer for collection.
  • Deduct payments direct from your employer or social security benefit where we have a court order that enables us to do so.
  • Deal with complaints or concerns.

The personal information you give to us will be processed by Argyll and Bute Council staff.

If you do not provide us with the information we have requested for raising an invoice then we might not be able to provide with the goods or services that you require.

The legal basis for processing data is:

  • Legal Obligation; in terms of section 150 Local Government and Housing Act 1989
  • Public Task; the processing of this information is necessary for the Council to undertake a public task as defined under Article 6(1)(e) of the Act, i.e. the processing is necessary for the Council to perform a task in the public interest or for its official functions, and the task or function has a clear basis in law. In this case to issue an invoice for services or works provided by the Council to you as the debtor.

Your data will be used for this specific purpose although your details will be shared between Council departments and other agencies as noted below, where there is lawful authority to do so.

What we will do with your information?

If you do not pay your invoice the timescale stipulated on the invoice we will share your information with :

  • Other departments of the Council
    • Legal Services relation to any account in arrears.
    • Development and Infrastructure Services and Community Services regarding invoices raised by staff in their teams.
    • Other organisations or public bodies
      • Argyll and Bute Health and Social Care Partnership to ensure the accuracy of data in the claim
      • Sheriff Officer Firms that the Council may ask to collect the debt under contract on their behalf.
      • Her Majesty’s Court Services to recover unpaid debt.
      • Payment processing providers such as AccessPay in the administration of direct debit payments.
      • to comply with legal obligations for example, the prevention and detection of crime including fraud

We will not share your information with other organisations unless there is a legal basis to do so. Otherwise outside of the conditions stated, we will not share your information as detailed unless you have provided your written consent to do so. 

How long will we keep your information?

We will usually keep your information for a minimum of 6 years, after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose for which it was obtained.  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 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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