Waste Service

In order to comply with articles 13 and 14 of 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 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

  • Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Purposes for processing

This privacy notice provides information on how Lancashire County Council's (the council) Waste Service uses your personal information to manage waste and recycling in Lancashire. By ‘use’ we mean the various ways your personal information may be processed including storing and sharing the information.

Please note that failure to provide your personal data may make it difficult for us
to deliver waste services to you.

The Waste Service will process your personal data to achieve the following goals:

  • Dealing with fly-tipping
  • Dealing with health and safety issues including accidents when they occur at our facilities
  • Ensuring the fair use of our services by householders, including our 'Option to pay' service
  • For the enforcement of our Access Policy
  • For the enforcement of our policy to 'Limit the amount of inert waste being delivered to our household waste recycling centres (HWRCs)
  • For the prevention of crime, anti-social behaviour and the resolution of disputes
  • To monitor frequent and/or excessive usage of our HWRCs
  • To handle compliments, queries, and complaints
  • To improve public health and wellbeing
  • To manage our property
  • Providing commercial and non-commercial activities that we undertake as a public body
  • To monitor and challenge suspected trade waste disposal at our HWRCs
  • Undertaking data matching for local and national fraud initiatives
  • Undertaking research

We also use this information to assess the quality of our services and evaluate and improve our policies and procedures.

We may also use information in other ways compatible with the above.

The information is stored electronically, on the council's computer network system. Additionally, information is securely stored in other mediums, including email accounts and in paper files.

The information is subject to rigorous procedures to make sure it cannot be seen, accessed or shared with anyone who should not see it. These include:

  • All laptops used by staff are encrypted and need a unique logon ID and password to access the council's computer network
  • Staff comply with council information security policies and procedures
  • Staff only have access to the information they need to do their job. This means if they are not the right person in the right team, they will not be able to see your information
  • Staff receive specific information security training

Category of personal data being processed

  1. Personal data (information relating to a living, identifiable individual)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with Article 6 (1) of UK GDPR is:

(c) Legal Obligation: the processing is necessary for you to comply with the law. You must reference the applicable legislation if you wish to rely on this basis for processing.

(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. You must reference the applicable task/function and its' basis in law if you wish to rely on this basis for processing.

We have legal grounds to process this information because it is necessary for the performance of a task carried out in the public interest. This includes tasks under the:

  • Clean Neighbourhoods and Environment Act (2005)
  • Controlled Waste Regulations 2012
  • Crime and Disorder Act 1998
  • Criminal Justice and Public Order Act 1994 (Section 163)
  • Criminal Procedures and Investigations Act 1996
  • Data Protection Act 2018
  • Employment Act 2006
  • Employment Rights Act 1996
  • Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018
  • Environmental Protection Act 1990
  • Health and Safety at Work Act 1974 plus all subsequent enabling legislation
  • Localism Act 2011
  • Protection of Freedoms Act 2012
  • Refuse Disposal (Amenity) Act 1978
  • Regulation of Investigatory Powers Act (RIPA) 2000 in certain circumstances
  • Road Traffic Regulation Act 1984
  • The Environmental Permitting (England and Wales) Regulations 2010
  • The Waste (England and Wales) Regulations 2011
  • The Waste and Emissions Trading Act 2003
  • The Waste Batteries and Accumulators Regulations 2009
  • The Waste Electrical and Electronic Equipment Regulations 2013
  • The Waste Framework Directive 2020

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with Article 9 (2) of UK GDPR is:

  1. a) The data subject has given explicit content to the processing of this personal data.
  1. g) Processing is necessary for reasons of substantial public interest.

We have legal grounds to process special category data and criminal convictions data where it is in the exercise of a statutory function and it is in the necessary for reasons in the substantial public interest. The statutory functions are as set out above.

Recipients of the data

We may also share your personal information with other organisations and public bodies, in particular:

  • Contractors
  • Councillors and/or Members of Parliament
  • Environment Agency
  • Law enforcement agencies for the purposes of detection and prevention of crime
  • Other government departments and agencies including the DVLA where we have a requirement to check vehicle licence plate details
  • Other local authorities including district councils

We may share this information without your specific consent as it is reasonable and necessary to do so to fulfil our public tasks or it is otherwise in the substantial public interest to do so. The law imposes safeguards to protect your privacy in these circumstances.

We will also share your information, subject to contractual and other legal safeguards, with organisations contracted by the council to provide a service to the council or directly to you. These service providers are known as data processors and have a legal obligation under UK GDPR and to the council to look after your personal information and only use it for providing that service. These organisations include:

  • Providers of body-camera technology worn by LCC employees.
  • Providers of on-site security teams where we have a lawful basis for sharing personal data.

Finally, we may also share your information across different council departments where it is necessary for our public tasks or functions to do so.

Information we share

To allow us to deliver our required services we may process different types of information. This includes the information below:

  • Address
  • Body worn camera footage - for further details of how LCC processes body-worn camera footage please view our Body Worn Camera Privacy Notice
  • Business activities
  • CCTV footage - for further details of how LCC processes CCTV footage please view our CCTV Privacy Notice
  • Contact details
  • Details of payments made by you to the council
  • Personal details
  • Social media
  • Vehicle registration number, make and model (including use of ANPR)
  • Visual images, personal appearance, and behaviour

Any transfers to another country

We do not process your information outside of the European Economic Area.

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.

File type Description Security Retention period
ANPR Data capture of vehicle registration numbers and associated images. Stored on LCC secure network in a restricted permissions folder - the original email deleted. 5 years
Body Worn Camera/Video (BWC/V) Footage collected during the waste service facilities opening hours. Stored on LCC secure network in a restricted permissions folder - the original email deleted. 6 weeks – if required for an investigation 5 years.
CCTV Footage collected at a waste service facility (24 hours). Stored on LCC secure network in a restricted permissions folder – the original email deleted. 6 weeks – if required for an investigation 5 years.
Instances of an accident, incidents and near miss Details of accidents, incidents and near misses, witness statements, photographs and other evidence. Stored on LCC secure network in a restricted permissions folder. 3 years – if RIDDOR reportable minimum 10 years.
Waste Permits (all types) Recording details of individuals who wish to apply for a waste permit (noting that not all applications are successful). Applications are stored on LCC web based secure network. 5 years
Complaints and compliments Record of customer's feedback about the waste service. Stored on LCC secure network in a restricted permissions folder. 5 years
Customer usage of waste facilities A monitor of frequent and/or excessive usage of waste facilities. Monitoring logs and disclaimer (including personal details) are stored at the waste facility until 15 visits have been recorded. Once this information is received by the back office it is stored on LCC secure network in a restricted permissions folder. 5 years

Your rights

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

  • 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 78
County Hall

Or 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 project then please contact wasteinfo@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 78 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).