Legal services – litigation

Who do you keep information about?

  1. Persons who we are requested to provide internal advice about (including potential parties to legal claims by or against the Council eg current and former employees, persons with Council tenancies, or in respect of decisions to grant or withdraw a licence, persons about whom enforcement proceedings, prosecutions or injunctions are contemplated, or civil proceedings or debt recovery, and persons alleging other wrongfulness by the Council)
  2. Persons involved in legal proceedings - claimants, defendants, witnesses, experts and other persons involved in legal proceedings
  3. Other external professionals or staff – including Court and Tribunal staff, other legal professionals, persons working for statutory and third sector bodies
  4. Persons working for external organisations and agencies we provide advice or legal services to – this includes staff working for neighbouring Councils (including Richmondshire District Council), parish councils, schools and academies.
  5. Persons involved in Investigations - complainants, the person being investigated, witnesses, experts (the Independent Person in complaints relating to Members) and other persons involved in complaint investigations.

Why do you keep information about me?

The basis for the collection and use of the information is as follows:

  1. Processing is necessary for compliance with a legal obligation to which the controller is subject (the Council must comply with legal duties, respond to claims, proceedings, notices, court orders and discharge its full legal rights and responsibilities, including by commencing prosecutions and other legal claims and actions and defending all legal proceedings, actions and claims. This includes taking all steps that are preliminary and more general advisory work).
  2. Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract (for instance contractual disputes, including in dealing with issues about an employee or former employees contract of employment, council tenants, commercial tenants, debt recovery).
  3. Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (for instance council tax recovery,  matters relating to Regulatory functions such as, trading standards, environmental health, licensing, private sector housing, housing enforcement, environmental crime/street scene, anti-social behaviour and other matters where Council Teams are supported in their public tasks).
  4. The data subject has given consent to the processing of his or her personal data for one or more specific purposes (for instance by providing the information on a voluntary basis during the course of evidence gathering, advisory work or to help with an investigation).

The conditions that are relied on for the processing of special category data are:

  1. Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or the data subject in the field of employment and social security and social protection law.
  2. Processing is necessary for the establishment, exercise or defence of legal claims or whenever the courts are acting in their judicial capacity.
  3. 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 right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.
  4. The data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject.

Who can see my information?

Depending on the nature of the matter being dealt with, the information may be shared with one or more of the following: 

  • Other parties to legal proceedings or investigations
  • External advisors (including barristers, solicitors and experts)
  • The Courts and Tribunal Service
  • Bodies specified in contracts who are required to adjudicate on contract breaches
  • External bodies to whom the Council may be required to provide information (such as the Ombudsman, professional bodies and regulators)
  • The police
  • RSPCA
  • ACAS
  • Members

The publically made findings of a Court about persons who have been prosecuted may be published in the Council magazine to give details about the outcome of enforcement action.

How do you store the information you keep about me?

  1. Information is stored on drives with restricted access to persons who are required to be involved in using and processing of the information.
  2. Hard copy material (i.e. for advisory work, court hearings or investigation purposes) is securely stored.

Is my information transferred to a third country or international organisation?

No

How long do you keep information about me?

General advice, litigation and investigations – 6 years from closure of case/last action

Is my information used to make an automated decision about me and/or for profiling purposes?

No

How did the Council get my personal data?

The information may be provided by the data subject, occupational health, human resources, environmental health, licensing, trading standards, revenues and benefits, finance,  DWP,  adults and children’s services, health, highways, insurance companies, DVLA, the police, the fire service, schools and academies, witnesses, complainants, the court, other parties to litigation, external third parties, and professional directories.

What sort of information do you keep?

The following may apply:

Personal data:

  1. Name
  2. Identification number
  3. location data
  4. One or more factors specific to the physical identity of a natural person
  5. One or more factors specific to the physiological identity of a natural person
  6. One or more factors specific to the mental identity of a person
  7. One or more factors specific to the economic identity of a person
  8. One or more factors specific to the cultural identity of a person
  9. One or more factors specific to the social identity of a person

Special categories of personal data:

  1. Racial or ethnic origin
  2. Political Opinions
  3. Religious or philosophical belief
  4. Trade union membership
  5. Data concerning health
  6. Data concerning a natural person’s sex life or sexual orientation