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  12. Legal services privacy notice

Legal services privacy notice

What this Privacy Notice covers

Your privacy is very important to South Holland District Council.

South Holland District Council is the Data Controller responsible for the personal information you may provide in relation to issues relating to copyright and intellectual property rights, contracts, bonds, company formation, publicly owned land and property, Deeds of release, rectification and variation, easements, leases, tenancy licences, legal charges, mortgages, conveyancing, loan consents and all planning related matters and the recovery of land. Further, it is responsible for your information relating to homeless, anti-social behaviour, enforcement, surveillance, judicial review, injunctions, court proceedings, community matters and all Council related legal advice requested by Departments.

Some of our legal officers are employed by Breckland District Council, however when dealing with matters concerning South Holland, they are acting as officers of South Holland District Council.

Our Data Protection Officer can be contacted by phone on 01775 761161, via email or by writing to us at Legal Services, South Holland District Council, Priory Road, Spalding, Lincolnshire, PE11 2XE.

Your data will be processed by Public Sector Partnership Services Ltd (PSPS), formerly known as Compass Point Business Services, a company owned by East Lindsey and South Holland District Councils. PSPS's Data Protection Officer can be contacted via email Data.Protection@pspsl.co.uk, by phone on 01507 613303, or in writing to Data Protection Officer, Public Sector Partnership Services Ltd, The Hub, Mareham Road, Horncastle, LN9 6PH.

In certain circumstances we may instruct external Solicitors or Barristers who are not employed by the Council, and they will be given access to your data as part of that process. If we do appoint external Solicitors or Barristers, they will be obliged to handle your data in accordance with the Council's instructions.

Why we need your personal data

Your information will be used as evidence during the investigation and handling of your case. The legal basis for processing your data is Article 6.1(c) of the General Data Protection Regulations, where there is a Statutory Duty upon the Council to do so, otherwise we will process your data under Article 6.1(e) of the General Data Protection Regulations, in the performance of a task carried out in the public interest or in the exercise of the Council's official authority.

This means that the Council has either a legal duty or a legal power to process information for these purposes. The legal power is set out under Common Law and within the Local Government Act and Localism Act. Legal Duties are laid out within, but are not limited to; the Housing Acts, Food Safety Act, Environmental Protection Act, R.I.P.A, Crime and Disorder Act, Anti Social Behaviour Crime and Policing Act, Town and Country Planning Act and Licensing Act or within Acts which are detailed within the individual Department's Privacy Notices.

How your data is used

Your data will be used during the handling of your case. The council has a duty to protect the public funds it administers and may use information held about you for all lawful purposes, including, but not limited to:

  • prevention and detection of fraud
  • matching data with electoral registration records, and
  • protecting public funds in investigating misuse of public money.

The council is required by law to participate in National Fraud Initiative (NFI) data matching exercises. Council Tax information may be provided to the Cabinet Office for NFI purposes and will be used for cross-system and cross-authority comparison for the prevention and detection of fraud.

We may also share this information with other bodies responsible for detecting and preventing fraud or auditing and administering public funds as required by law.

We may pass your information to other agencies or organisations such as HM Revenues and Customs, and debt enforcement agencies, as allowed by law.

We may check information you have provided or information about you that someone else has provided, with other information we hold. Sources of information include landlords, letting agents, estate agents, medical professionals, care homes and other Councils.

We may also get information about you from certain third parties, or give them information to ensure the information is accurate and to prevent/detect crime and protect public funds. This includes Credit Reference Agencies, Police, Electoral Registration, HMRC and Land Registry.

We may share information with other organisations such as Citizens Advice, where we have your consent and it is in your interest.

We will not disclose your personal information to third parties for marketing or sales purposes or for any commercial use, and we will not use your personal data in a way which may cause you harm."

How long the information is kept for

We will retain your information for six years (or twelve years for a document sealed as a Deed), following the closure of your case or the finalisation of enforcement action, as defined within the Limitation Act 1980.

Where your information relates to assets for which the Council retains an interest this information will be securely archived and retained for a period of six years (or twelve years for a document sealed as a Deed) after the Council's interest has come to an end.

Your rights

You have the right to access your data and correct any inaccuracies. For further details of your rights please contact the Data Protection Officer or go to our data protection policy and privacy policy.

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