bcc_data protection full privacy notice january 2010

8/9/2019 BCC_Data Protection Full Privacy Notice January 2010

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FULL PRIVACY NOTICEDecember 2009

USING YOUR PERSONAL DATA

As a Local Authority, Birmingham City Council collect, holds and processes a considerableamount of information, including personal information about the citizens it serves, to allow it toprovide services effectively.

The Council recognises that this information is important to the citizens and that it isresponsible to the citizens for the information it holds about them. As such, it takes seriouslyits responsibilities to ensure that any personal information it collects and uses is done soproportionately, correctly and safely.

For information about what is personal data please see the Information Commissioners website: www.ico.gov.uk The Council collects, holds and uses personal data to allow it to provide services on behalf ofthe citizens of the City of Birmingham. These services include, amongst others, providingschools and educational facilities within the city; providing care and support for vulnerableindividuals and their families; maintaining and improving the environment of the city andprotecting the citizens generally.

For more detailed information as to the services provided by the Council, please seewww.birmingham.gov.uk In deciding what personal data to collect, hold and use, the Council is committed to ensuringthat it will :-

recognise that any personal data handled by Birmingham City Council is held onbehalf of that person and that we ensure we respect that responsibility;

adopt and maintain high standards in respect of the handling and use of that personaldata;

only collect, hold and use personal data where it is necessary and proportionate to doso;

securely delete any personal data when no longer needed; keep your personal data secure and safe; not unnecessarily and without good reason, infringe the privacy of the citizens of

Birmingham; consider and address the privacy risks first when planning to use or hold personal

information in new ways, such as when introducing new systems; be open with individuals about how we use their information and who we give it to; make it easy for individuals to access and correct their personal information; ensure that there is effective safeguards and systems in place to make sure personal

information is kept securely and does not fall into the wrong hands; provide training to staff who handle personal information and treat it as a disciplinary

matter if they misuse or dont look after personal information properly; put appropriate financial and human resources into looking after personal information

to make sure we can live up to our promises; regularly check that we are living up to our promises and report on how we are doing.

The Council may disclose personal data to third parties, but only where it is necessary, eitherto comply with a legal obligation, or where permitted under the Data Protection Act, e.g.
http://www.ico.gov.uk/http://www.birmingham.gov.uk/http://www.birmingham.gov.uk/http://www.ico.gov.uk/


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where the disclosure is necessary for the purposes of the prevention and/or detection ofcrime, or where it is necessary to allow a third party working for or on behalf of the Council.

The Council will strive to ensure that any personal data in its care will be kept safe and thatwhere your information is disclosed to a third party, Birmingham City Council will seek toensure that the third party has sufficient systems and procedures in place to prevent the lossof personal data.

Where the Council seeks to disclose sensitive personal data, such as medical details, to thirdparties, we will do so only with your prior express consent or where we are legally required todo.

Birmingham City Council will use your personal data for a limited number of purposes, and atall times within the rules set out in the Data Protection Act 1998.

We will process personal data for the following purposes:-

1. for the purpose to which you provided the information. e.g. processinginformation given on a benefit claim form for the purpose of processing yourbenefit claim, and to monitor the Councils performance in responding to yourrequest;

2. to allow the Council to be able to communicate and provide services appropriateto your needs, e.g. to be able to arrange suitable access arrangements where thecitizen has mobility difficulties.

3. to ensure that the council meets its legal requirements, including obligationsimposed under Equality Legislation and Health and Safety Acts;

4. where necessary for the Councils Law Enforcement functions, e.g. licensing,planning enforcement, trading standards, food safety, etc, where Birmingham CityCouncil is legally obliged to undertake such processing;

5. where the processing is necessary for Birmingham City Council to comply with itslegal obligations, e.g. the prevention and/or detection of crime.

6. to process financial transactions including grants, payments and benefitsinvolving Birmingham City Council, or where Birmingham City Council is actingon behalf of other government bodies, e.g. Department for Works and Pensions;

7. where you have consented to the processing;

8. where necessary to protect individuals from harm or injury; or

9. where otherwise permitted under the Data Protection Act 1998, e.g. disclosure tocomply with legal obligations. For further information on the Data Protection Actsee www.ico.gov.uk

Birmingham City Council may also use your personal data, after it has been anonymised, toallow the statistical analysis of data to allow the Council to effective target and plan theprovision of services.


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SINGLE CUSTOMER RECORD

Birmingham City Council is working on improving how it provides services to the citizens ofBirmingham.

In order to assist the Council in providing relevant services more quickly when required, andin an effective and efficient manner, it is creating an information hub.

The information hub will contain a single customer record, comprising of your name, address,date of birth and gender, together with some information which can be used to confirm youridentity. It is envisaged that the single customer record will record a brief summary of yourcontact with the Council, e.g. that you called the Council about a missed bin collection.

The Single Customer Record will not contain extensive details of the services you havereceived. However, the single customer record will also act as an index to other councildatabases, but will be able to feed information into a number of council systems, including:-

Libraries Waste Management

Leisure services Trading Standards

Adult Social Care Corporate Finance

Benefits Council Tax;

To do this, the Information hub will take your name, address, date of birth and gender fromthe above council systems to create the single customer record.

This list is continuingly being updated, and an up-to-date list is available on Birmingham CityCouncils web site.

This will allow you to notify the Council once and have that information feed into a number ofCouncil systems, e.g. where you change your address, so that rather than you having tonotify each individual Council department of the change of address, by reporting the changeof address to one Council department, a number of Council departments will be notified.However, this will only be done with your express consent.

The Single Customer Record will also allow the council to respond to any queries you mayhave in respect of the provision of services more quickly and efficiently. By linking into anumber of Council systems, any query or issue can be investigated more quickly. However,any access to such Council systems will only take place in response to any query orinstruction received by yourself, and only where such access is necessary to answer or

respond to the query or issue raised by yourself.

CHILDRENS DATA GENERALLY

The Council provides a number of services to children, from leisure and cultural services toeducation and child care services, which requires it to process childrens data.

The Council will create and hold a Single Customer Record for children. For children underthe age of 12 or where it is believed that the child does not understand what he/she isconsenting to, this will normally require the consent of a childs parent or guardian to allow theCouncil to process this data.


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For young people aged between 12 and 16, we will accept their consent, without requiring theconsent of their parent or guardian, as being valid in respect of the use, processing andsharing of less sensitive information, e.g. registering for culture events and activities. Clearly,the decision as to whether a child has the capacity to give valid informed consent will requirethe consideration of additional factors and, in some cases, professional judgement. Theseconsiderations will include:

Cases of anti social behaviour involving children Vulnerable or at risk children Mental health or other incapacity issues Ability to pay for services, such as leisure activities Health and safety considerations, for example, agreement from parents to participate

in activities that require the provision of further information, e.g. medical issues,disability, etc.,

For individuals over 16, we will accept their consent as being valid in respect of the use,processing and sharing of all their personal data.

For further information, please see the councils guidance note on the use of childrenspersonal data.

DATA MATCHING

Data Matching involves comparing computer records held by one body against othercomputer records held by the same or another body to see how far they match. This is usuallypersonal information.

Birmingham City Council undertakes Data Matching, where necessary, for a number ofpurposes, to comply with legal requirements placed on the Council.

These include to:

1. detect and prevent crime / fraud; and2. assist in Emergency response management.

DETECT AND PREVENT CRIME / FRAUD

Birmingham City Council is required by law to protect the public funds it administers. Weprocess and share the information provided to us for the following purposes:-

Council employee Payroll Electoral Register

Council employee Pensions Student Loans

Housing Supported Care (Home Residents andCare Home Residents)

Transport passes, including residents Insurance Claimantsparking and blue badges

Housing and Council Tax BenefitsLicences, e.g. market trader/ operator,taxi driver and (new) personal licences Council Taxto supply alcohol.

Leisure

Property (Planning, Business Rates) Libraries


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to prevent and/or detect potential fraud and crime, by both conducting our own Data Matchingas well as sharing this information with other public bodies, such as; the Audit Commission,the Department for Work and Pensions, other Local Authorities Revenues and Customs andthe Police.

The Audit Commission appoints an auditor to audit the accounts of Birmingham City Council,and also conducts its own data matching exercise.

Computerised data matching allows potentially fraudulent claims, transactions, applicationsand payments to be identified. Where a match is found and two or more records havecontradictory or conflicting information, the inconsistency will require further investigation. Noassumption can be made as to whether there is fraud, error or other explanation until aninvestigation is carried out. Regardless, the data matching process is a proven way of helpingto ensure that records are up to date and accurate.

The Audit Commission currently requires local authorities to participate in a data matchingexercise to assist in the prevention and/or detection of fraud. We are legally required toprovide particular sets of Data to the Audit Commission for matching for each exercise, and

these are set out in the Audit Commissions guidance which is located at www.audit-commission.gov.uk/nfi

The use of data by the Audit Commission in a data matching exercise is carried out withstatutory authority under its powers in Part 2A of the Audit Commission Act 1998. It does notrequire the consent of the individuals concerned under the Data Protection Act 1998.

Data Matching by the Audit Commission is subject to a Code of Practice. This may be foundat www.audit-commission.gov.uk/nfi/codeofdmp.asp

For further information on the Audit Commissions legal powers and the reasons why itmatches particular information, see www.audit-commission.gov.uk/nfi/fptext.asp

For further information about data matching at Birmingham City Council, please contact eitherBirmingham Audit

Email: [email protected]

or the Corporate Information Governance Unit at 1 st Floor, Lancaster Circus, Birmingham

Email: [email protected]

Tel: 0121 303 4876

EMERGENCY RESPONSE MANAGEMENT

Data Matching may also be used to assist the Council in responding to emergencies or majoraccidents, by allowing the Council, in conjunction with the emergency services, to identifyindividuals who may need additional support in the event of e.g. an emergency evacuation.

In addition, further data matching may be undertaken on a directorate level. Please see therespective directorates web site for any additional directorate specific privacy policies.

EQUALITIES
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Birmingham City Council may use information about your ethnic background, first language,gender, sexual orientation and age (equalities data) for the purposes of compiling statisticaldata about the population of the city at large and the take up council services by variousgroups, both to assist in complying with the race relations act and other equality legislationand to assist the council in the effective planning and provision of future services.

Such statistical data or statistical analysis will not allow the identification of any specificindividual nor will it have any impact on any individuals entitlement to council services andfacilities.

Such equalities data may also be used to allow the council to provide sufficient assistancewhere required, e.g. to provide translation services or access facilities, e.g. induction hearingloop, where appropriate.

YOUR RIGHTS

You have the right to request that Birmingham City Council cease processing your personaldata in relation to any Council service, including the Single Customer Record. Where

possible, Birmingham City Council will seek to comply with your request but there may besome situations where it will not be able to do this, e.g. where Birmingham City Council isrequired to hold or processing information to comply with a legal requirement. However, thismay cause delays or hinder the Councils ability to provide services to you.

You are also legally entitled to request access to any records held by Birmingham CityCouncil about yourself, including the Single Customer Record. Again, Birmingham CityCouncil will seek to comply with your request but there may be some situations where it willnot be able to do this in full, e.g. where information held was given in confidence. For furtherinformation about either requesting access to your personal data or to cease processingpersonal data please contact the Councils Corporate Information Governance Unit.

Whilst Birmingham City Council tries to ensure that any personal data it holds about you iscorrect, there may be situations where the information it holds is no longer accurate. If this isthe case, please contact the department holding the information or the Corporate DataProtection Unit so that any errors can be investigated and corrected.

Birmingham City Council will not use your personal data for third party marketing purposeswithout your prior express consent.

It will not pass any personal data on to third parties, other than those who either processinformation on our behalf or because of a legal requirement, and it will only do so, wherepossible, after Birmingham City Council has ensured that sufficient steps have been taken toprotect the personal data by the recipient.

FURTHER INFORMATION

At all times, Birmingham City Council will comply with the legal requirements set out by theData Protection Act 1998 in relation to the collection, holding and processing of your personaldata.

If you would like to know more or have any concerns about how your information is beingprocessed please contact the Corporate Information Governance Unit.

If you require general information about the data protection act, information is available on the

information commissioners web site, www.ico.gov.uk ,
http://www.ico.gov.uk/http://www.ico.gov.uk/


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CHANGES TO THIS PRIVACY NOTICE

Birmingham City Council will continually review and update this privacy notice to reflectchanges in our services and feedback from service users, as well as to comply with changes

in the law. When such changes occur, we will revise the "last updated" date at the top of thisnotice. If there are substantial changes to this statement or in how Birmingham City Councilwill use your personal information, we will advertise the updated notice both on the front pageof the Birmingham City Council web site and in Council offices.

Birmingham City Council encourages you to periodically visit the Councils web site to reviewthis notice and to be informed of how Birmingham City Council is protecting your information.

bcc_data protection full privacy notice january 2010

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