Who will own my data once I submit It?
Knowsley Borough Council
Why do you need my information?
The Council has a legal obligation for ensuring the health and safety of its employees and members of the public who access Council services and premises, or who may be affected by its activities.
We are required to keep health and safety records in accordance with the Health and Safety at Work Act 1974.
Accidents and incidents, near misses and dangerous occurrences are reported via a centralised reporting database. This information enables the Corporate Health & Safety team to identify trends, and areas for improvement in order to prevent future accidents and incidents, as well as suitably investigating those that occur.
We also have a duty to report certain accidents and incidents to the Health and Safety Executive as required by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
We process your data to continually monitor and enhance health and safety management for staff, contractors and members of the public.
What allows you to use my information?
The General Data Protection Regulations (GDPR) and Data Protection Act 2018 outline the lawful basis for processing for personal data:
- Article 6(1)(b) Contract
- Article 6(1)(c) Legal Obligation - Processing is necessary for compliance with a legal obligation to which the controller is subject
- Article 6(1)(e) Public task - The processing is necessary for you to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
- Article 9(2)(b) Employment, social security and social protection
- Article 9(2)(g) Reasons of substantial public interest with a basis in law
- Data Protection Act 2018
- Schedule 1 part 1 (1) Employment, social security or social protection
- Schedule 1 part 2 (6) Statutory etc and government purposes
The Council’s Corporate Health & Safety Team will rely on the following legislation (amongst others) to process personal data:
- Health and Safety at Work etc. Act 1974.
- Management of Health and Safety at Work Regulations 1999
- The Control of Substances Hazardous to Health Regulations 2002
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
- Regulatory Reform (Fire Safety) Order 2005
- Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002
- Ionising Radiation Regulations 2017
- Control of Asbestos Regulations 2012
- Control of Lead at Work Regulations 2002
- Control of Vibration at Work Regulations 2005
- Control of Noise at Work Regulations 2005
Who will my information be shared with?
We may share your information internally with other departments/services of the Council and with external organisations where appropriate including:
- The Health and Safety Executive (HSE).
- Police, Fire and Rescue Services.
- Public Health England.
- The Council’s Insurers and Council’s Legal Department.
- The Council’s Occupational Health Service and the Council’s Human Resources Department.
- Directors, Heads of Service, and Service Managers to enable them to fulfil risk assessment and risk management responsibilities under health and safety legislation.
We will not share your data for any other purposes unless required to do so by law.
How do we collect your personal data?
We may receive information about you from the following sources:
- Directly from you
- Human Resources (HR)
- Occupational Health
- Line manager, Service Manager, Head of Service or Director
How long will you keep this data for and why?
We will retain your personal data for as long as is necessary for the purpose in which it was collected:
- Accident / Incident reporting records concerning adults will be kept for 3 years from the date of knowledge of the incident or when the cause of action accrued (whichever is later).
- Accident reporting records concerning children will be kept for 25 years from the child’s date of birth.
- RIDDOR reports will be kept with the accident / incident record for 3 years from the date of reporting.
- Health records/personal exposure monitoring in relation to exposure to substances hazardous to health will be kept for 40 years from the date of last entry (50 years for exposure to radiation).
- Individual risk assessments will be kept for 100 years from date of birth.
- Personal Emergency Evacuation Plans will be kept for 6 years from the date in which they are no longer valid.
Your information will be securely deleted / destroyed when no longer needed.
How will my information be stored?
The information will be stored on the Council’s internal secure servers and will not be accessed by anyone who is not authorised to do so.
Paper records will be stored in a secure, locked cabinet/s, and access will be restricted to those with authorised access only.
Data may be transferred electronically with external organisation’s such as the Health & Safety Executive and/or Council’s Insurers by secure encrypted email.
Will this information be used to take automated decisions about me?
No
Will my data be transferred abroad?
No
What rights do I have when it comes to my data?
Under the General Data Protection Regulation, you have the following rights with regard 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 GDPR, please visit the Information Commissioner’s Office Guide to the GDPR Individual Rights.
To request a copy of your data or ask questions about how it is used, contact:
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 6GA
Or email: Inforights@knowsley.gov.uk
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
Westmorland Road
Huyton
L36 6GA
Or via the Have Your Say form.
You also have the right to complain to the Information Commissioner’s Office using the following details:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45