Who will own my data once I submit it?
Knowsley Council
Why do you need my information?
To carry out activities and obligations as an Insurance Team, information will be necessary for the investigation and administration of claims made against the Council.
What Personal Information do we collect?
To consider a claim the following information may be required from you:
- Personal details (e.g. your name, date of birth, gender etc.).
- Contact details (e.g. home address, phone number, email address).
- Details of the claim which may need to include Special Category Data such as health information, childcare records and history, criminal data.
- This may include photographic evidence and CCTV footage.
This is not an exhaustive list; further information may be required depending on the claim.
What allows you to use my information?
Most of the personal information we process is provided to us directly by you. Under the Data Protection Act 2018, the lawful bases we rely on for using your personal information are:
- we need it to perform a public task (UK GDPR Article 6 (e) by virtue of the Local Government Act 1972. Section 222 and 223 of the Act sets out the power of Local Authorities to prosecute/defend/appear in legal proceedings.
When we collect special category data, we rely on the following lawful basis:
- you have already made the data public (UK GDPR Article 9 (2) (e))
- we need to defend a legal claim (UK GDPR Article 9 (2) (f))
- we need to collect it for Substantial Public Interest in order to comply with UK legislation (UK GDPR Article 9 (2) (g)
- we need to analyse your information (UK GDPR Article 9 (2) (j)).
We must collect this data in accordance with the Civil Procedure rules to be able to fully investigate the circumstances of your claim and provide a decision on liability.
Your claim may not be compliant in accordance with the Civil Procedure rules if you do not provide all of the information requested in connection with your claim, if the claim is not compliant there is no obligation to process it.
Who will my information be shared with?
The Council utilises external insurers who are contracted to process claims on the Councils behalf. Depending on the nature of the claim, information may be shared with the following:
- Council services relevant to your claim
- Other local authorities
- Government agencies including, but not limited to, DWP and HMRC
- External Insurers – including those appointed by claimants
- External claims investigators – either appointed by the Council, Insurer or Solicitors, including those appointed by claimants
- Insurance Brokers
- Solicitors – including those appointed by claimants
- Courts
- Appointed medical experts
- Police
- Litigants in person (claimants who have no legal representation)
- The Councils Maintenance Contractor, Tarmac.
Do I have to provide this information and what will happen if I don’t?
You do not have to provide the information we request. If you choose not to provide the information, Knowsley Council will be unable to investigate and process your claim for compensation.
How long will you keep this data for and why?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.
We must continue to retain necessary data in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.
How will my information be stored?
Your information is held securely on a dedicated claims management system with restricted access to the Insurance Team. Where information needs to be shared with internal or external parties to process the claim, information is shared via secure means. Where information is shared via email, this is encrypted or shared via Egress.
Will this information be used to take automated decisions about me?
No. All the decisions we make about you involve human intervention.
Will my data be transferred abroad and why?
Knowsley Council will not transfer your information outside of the UK. However, due to the global nature of services provided by our insurers, claims handlers and brokers, these organisations may transfer or process personal information outside of the country in which it was submitted. In such cases, appropriate safeguards have been put in place to ensure that personal information is protected. If you require further information about this, please let us know.
What rights do I have when it comes to my data?
Under the Data Protection Act (DPA) 2018/ UK General Data Protection Regulation (UK GDPR), you have the following rights with regards to your personal data: -
- The right to subject access – you have the right to see a copy of the personal data that the council holds about you and find out what it is used for.
- The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you.
- The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you.
- The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems.
- The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request.
- The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used.
- The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable).
To find out more about your rights under the DPA 2018/UK GDPR, please visit the Information Commissions website.
You can request a copy of your data or ask questions about how it is used by visiting our website here.
By email to: Inforights@knowsley.gov.uk
Or in writing to:
Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA
Who can I complain to if I am unhappy about how my data is used?
You can complain directly to the Council’s Data Protection Team by writing to: -
Data Protection Officer
Knowsley Council
Nutgrove Villa
Westmorland Road
Huyton
L36 6GA
Or email: data.protection.officer@knowsley.gov.uk
You also have the right to complain to the Information Commission using the following details: -
ICO Head Office
4th Floor, No. 3 Circle Square
5 Hawkshaw Street
Manchester
M1 7BL
Telephone: 0303 123 1113
Website: www.ico.org.uk