Communications and marketing - privacy notice

Derby City Council is the local government unitary authority for Derby city. Our address is the Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, other Derby City Council service websites or other public service sector websites, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, talk to us face to face, or you visit or engage with our facilities, services or activities.

We may also collect contact information from publicly available sources where required.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information, for example your name and address, or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

What is the lawful basis?

The legal basis for data processing we are relying on comes from Article 6 of the UK General Data Protection Regulations (UK GDPR). The following sections apply;

• Article 6(1)(e) Public task - the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
• Article 6 1 (a) - the data subject has given consent to the processing of his or her personal data for one or more specific purpose
• We rely on the following conditions as per Article 9 (2) of the GDPR:
  • (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes
  • (g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject
  • (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

If we have asked for your consent you will be able to opt out any time by emailing communicationsandmarketing@derby.gov.uk.

We may also in certain limited circumstances rely on the following sections;

• Article 6(1)(c) Legal Obligation - Processing is necessary for compliance with a legal obligation to which the controller is subject;
• Article 61(f) - the processing is necessary for the purpose of the legitimate interests pursued by the controller or by a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data

We process all information in accordance with our legal obligations and public tasks arising from the following provisions:

• Localism Act 2011
• Coronavirus Act 2020
• Local Government Act 2003
• Data Protection Act 2018
• General Data Protection Regulation 2016

How is your information used?

Where we have your consent we may use your information to:

• Send you communications which you have requested and that may be of interest. This may include information on council news, services, events and promotions
• notify you of changes to our service offerings
• deal with entries into a competition
• seek your views or comments on the services we provide

You can also update how often you receive these communications or unsubscribe completely, at any time. These options are available at the bottom of every email we send, alternatively you can contact communicationsandmarketing@derby.gov.uk.

In accordance with our legitimate business interests we will use images and videos taken at our facilities, and where our services and activities take place to promote our services, facilities and activities.

If you feature in an image or video we will have taken reasonable steps to seek your consent and/or to inform you. You can object to the use of an image or video that features you by emailing communicationsandmarketing@derby.gov.uk.

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

We may share your information with third party email distribution services. Your email address will only be used to send you communications relating to Derby City Council. An example of such a provider is DotDigital who will send out communications on our behalf. From time to time the Council may use other providers. We have agreements in place with each to ensure that your data is secure at all times and cannot be accessed or used for any other purpose.

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes without your explicit consent.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule; information about this is at https://www.derby.gov.uk/retention-schedule/. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You should check and update your personal information through Employee Self-Service or by promptly informing us of any changes to the information we hold about you.

Under 13

If you are accessing online services and are under the age of 13, please get your parent/guardian's permission beforehand whenever you provide us with personal information.

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical/analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data, you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.