Legal Services

To comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

  • Lancashire County Council, PO Box 100 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

  • Our Data Protection Officer is Joanne Winston. You can contact her at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 100 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Reasons for processing your personal data

As part of our responsibilities as a local authority, Lancashire County Council has a duty to collect your personal data for the purposes of dealing with legal proceedings and transactions in accordance with our statutory duties and/or the establishment, exercise or defence of legal claims.

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

(c) Legal Obligation: the processing is necessary for us to comply with the law. We will cite the applicable legislation if we need to rely on this basis for processing.

(e) Public Task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law. We will cite the applicable task/function and its' basis in law if we wish to rely on this basis for processing.

(f) Legitimate Interests: pursued by us or by a third party.

Legal basis for processing special categories of personal data

The legal basis for processing special categories of personal data relating to you, in accordance with the UK GDPR is:

(b) Processing is necessary for the purposes of carrying out our obligations or exercising our specific rights or your rights in the field of employment and social security and social protection law

(f) Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

(g) Processing is necessary for reasons of substantial public interest.

Legal basis for processing criminal offence data

Our service will process criminal offence data where we have a legitimate requirement to do so. Where we process such data, we will rely on the following legal basis to do so:

Where (g) Substantial Public Interest is relied on, the lawful basis for processing 'special category' is informed by:

Data Protection Act (2018) Schedule 1 Part 2 (6) Statutory etc. and government purposes

Information we process about you

Legal Services hold information which is pertinent and relevant to the subject of and parties to a legal transaction.

The type of information will vary depending on what area of law is involved. But can include:

  • Name, address, date of birth, contact information (telephone and email where appropriate)
  • National Insurance Number (where appropriate)
  • Identify information and documentation
  • Family information including ages, dependents and marital status
  • Criminal Records
  • Additional information in relation to the legal transaction to enable us to progress the case. This will depend on the type of legal work being undertaken. For example, in a matter relating to Child Protection we may require access to your medical records.
  • In addition to health information, we may also need to process other special category data such as biometric information which could include CCTV footage and photographs however, we would only use this information if it was required to conduct legal matters on the behalf of the Council

Recipients of the personal data that we process about you

Personal data may be shared with relevant departments and services within Lancashire County Council.

Additionally, Legal Services may share your personal data with advisors and service providers so that they can assist us in processing a legal transaction. Legal Services only shares information to the extent that it considers the information is reasonably required for these purposes.

In addition, where required by law or to carry out a public task under an official function of the Council, Legal Services may share your personal information with:

Other public bodies:

  • Healthcare, social and welfare organisations
  • Educators and examining bodies
  • Local and central government
  • Ombudsman and regulatory authorities
  • Courts and tribunals
  • International law enforcement agencies and bodies
  • Law enforcement and prosecuting authorities
  • Police complaints authority
  • The disclosure and barring service (DBS)

Other organisations / individuals:

  • Professional advisers and consultants
  • Housing associations and landlords
  • Partner agencies, approved organisations and individuals working with the police
  • Healthcare professionals
  • Legal representatives and defence solicitors
  • Providers of the technical systems and platforms that we use to process your personal data

Any transfers to another country

  • We may require personal data from international law enforcement agencies and bodies.
  • Where Service Provider's, or their Sub-Processors are based in another country. Where Service Providers/their Sub-Processors are based in another country, we will ensure that appropriate contractual and security arrangements are in place to protect personal data.

Where this is necessary, we will only ever do so where there is a clear lawful basis and will process personal data in accordance with data protection regulations.

Retention periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

All case files are held on a secure system that has undergone a technical security assessment

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are those rights:

  • to be informed via Privacy Notices such as this.
  • to withdraw your consent. If we are relying on your consent to process your data, then you can remove this at any point.
  • of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this, we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
  • of rectification, we must correct inaccurate or incomplete data within one month.
  • to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
  • to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
  • to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
  • to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
  • in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights, then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 100
County Hall
Preston
PR1 8XJ

Email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service, then please contact

enquiries@lancashire.gov.uk.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 100 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).

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