Enforcement – Environmental and Parking Privacy Notice

This Privacy Notice sets out what you need to know about how Doncaster Council will use your information to enforce environmental law and regulate parking.

 Local Authorities have various powers and obligations to regulate and enforce the law. Doncaster Council might use information about you so that we can regulate specific areas of the law and take enforcement action where necessary.  The Council is committed to meeting its data protection obligations and handling your information securely when using your information for these purposes.

What information about you do we collect?
For the processing to which this notice relates to be carried out we use the following information, depending on the nature of the alleged offence:

• personal information – such as: your name, address, telephone number, vehicle registration details, and information relating to civil offences, images and audio from body camera footage, audio recordings from your house, etc.
• special category personal information – for example in order to investigate potential misuse of (and possibly seize) a blue badge we may require information about your health, and
• information recorded during the investigation and (potentially) prosecution of criminal
• offences (such as CCTV images evidencing an offence, interview notes, correspondence, etc.)

How do we collect information about you?

We might collect your information from any of the below, depending on the nature of the offence and your involvement:

• from you directly, for instance when you provide details to us for payment of an FPN or PCN;
• through use of our CCTV and body worn video systems;
• from the DVLA in respect of offences involving vehicles (via Chipside Ltd – see information sharing below);
• from various sources as relevant to our investigations; and,
• occasionally, offences are reported to us by members of the public, who may give us information about suspected offenders.

How will your information be used?

Your information might be used to:

• correspond with you about a regulation and enforcement issue, including noise pollution, littering, parking, abandoned horses, bonfires, smoke and housing standards.
• investigate and (if necessary) issue a Fixed Penalty Notice (FPN) – more information here;
• issue a Penalty Charge Notice (PCN) for parking offences – more information here; or,
• investigate and (if necessary) prosecute offences.

Automatic Processing

The Council uses automatic number plate recognition for some of the above services. This means that some decisions that might affect you are made by a computer. CCTV cameras automatically detect your number plate and details of the registered keeper are requested from DVLA based on this. Processing by these means is not solely carried out by automatic means, as each one is checked by an Enforcement Officer prior to your details being obtained. Additionally the following automatic processing is used:

• For each contravention involving a vehicle a PCN or FPN is issued to the Registered Keeper. This is because vehicle owners are responsible for payment of the Penalty Charge even if they were not the driver at the time.
• If no response is made to a PCN within 28 days the Council automatically sends a letter to Registered Keeper of the vehicle (known as a Notice to Owner – NtO). If a PCN is served by post it acts as the NtO. PCNs can be issued by post if a Civil Enforcement Officer is prevented from serving the notice at the time of contravention.
• If no response is made to an NtO within 28 days the Council automatically sends Charge Certificate to the Registered Keeper of the Vehicle notifying them that the charge amount has increased by 50% from that shown on the PCN.

This will affect you by identifying you as liable to pay the PCN (if you are the vehicle owner) and increasing the charge amount if we do not receive payment within 28 days. You are entitled to ask for any solely automatic decisions made about you to be reconsidered by one of our staff, to express your point of view about such decisions and contest them – see the ‘Your rights’ section below. In the case of PCNs you can make representations to the Council against an NtO. If we reject your representations you can appeal to an independent Adjudicator at the Traffic Penalty Tribunal. More details on PCN appeals can be found on the Council’s parking tickets website.

The Legal Basis for using your information

The table below sets out the legal basis for each of the activities that this Privacy Notice covers:

Personal Data Activity

Legal Basis - GDPR Article 6

S8 DPA (delete as approapriate)

UK Legislation

Process applications and take payment for residents’ parking permits.

 

Issue a Fixed Penalty Notice (FPN).

 

Issue a Penalty Charge Notice (PCN).

 

Investigate and (if necessary) prosecute offences.
(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority

(c) the exercise of a function conferred on a person by an enactment or rule of law,

  • Road Traffic Regulation Act 1984
  • Environmental Protection Act 1990
  • Clean Neighbourhoods and Environment Act 2005
  • Anti-social Behaviour Act 2003
  • Anti-social Behaviour, Crime and Policing Act 2014
  • Refuse Disposal (Amenity) Act 1978
  • Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007
  • Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007
  • Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016
  • Traffic Management Act 2004
  • Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Criminal Data Activity

DPA 2018 condition required

UK Legislation

Investigate and (if necessary) prosecute offences. Part 2 (6) of schedule 1 Please see information in table above

Who will your information be shared with?

We sometimes need to share your information within the Council or with other organisations. We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to.

For enforcement matters we may need to share your information with:

• The Council uses a data processor (Chipside) to obtain vehicle registered keeper details from the DVLA. As such, the details of all vehicle contraventions resulting in a PCN being issued will be passed to Chipside.
• Traffic Penalty Tribunal (if you elect to appeal after receiving a ‘Notice of Rejection of Representations’ from the Council).
• Enforcement Agents (Bristow & Sutor, Equita, Phoenix and Rundle) if you do not pay the amounts you owe.
• Certain other agencies and partners that we work with to support our regulation and enforcement activities, such as South Yorkshire Police regarding enforcement of Public Spaces Protection Orders.
• The Courts, (including the Traffic Enforcement Centre), should a prosecution be undertaken.

In certain cases we may also share your information with other individuals and organisations. For example, if you make a complaint to your Councillor, or if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge. The Council will never sell your information to anyone else.

How long will we keep your information?

We will keep your information for only so long as is necessary – generally between two and three years. Payment information is anonymised once a payment has been processed.

Your rights

The law gives you specific rights over your information. These rights are:

• to be informed of our use of information about you;
• of access to information about you;
• rectify information about you that is inaccurate;
• to have your information erased (the ‘right to be forgotten’);
• to restrict how we use information about you;
• to move your information to a new service provider;
• to object to how we use information about you;
• not to have decisions made about you on the basis of automated decision making;
• to object to direct marketing; and,
• to complain about anything the Council does with your information (please see the next section).

Some of the rights listed above apply only in certain situations, and some have a limited effect. You can request information about yourself by making a subject access request on this page of the Council’s website.

Changes to this privacy notice

This notice is kept under regular review to make sure it is up to date and accurate.

Data Protection Officer (DPO)

The Council is required by law to have a DPO. The DPO has a number of duties, including:

• monitoring the Council’s compliance with data protection law;
• providing expert advice and guidance on data protection;
• acting as the point of contact for data subjects; and,
• co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).

The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk

Complaints

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right.

Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:

Website: www.ico.org.uk

Telephone: 0303 123 1113

Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

 

 

Last updated: 16 November 2018 10:53:19