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General privacy notice

This privacy notice is part of the council’s method of complying with your right to be informed about the types of information we use, why we use it and your rights when we use your personal information.

For detailed information about data protection and how we make sure we comply with legislation please see our Data Protection Policy.

Personal information

We need to use different types of personal information to deliver services. The least we may ask for is your name and address.

We may also ask for information to prove your identity or to make sure that you are entitled to or qualify for services that we provide. This could include information such as your date of birth, your family details, services being provided to you, your financial details and any dealings with us.

Sometimes we collect personal information that needs special protection. This could be about:

  • your physical or mental health
  • racial or ethnic origin
  • trade union membership
  • political affiliations/opinions
  • religion or other beliefs
  • criminal proceedings, outcomes and sentences

We strictly control the use of this type of personal information and will only use it in connection with specific services or licensing applications, unless we tell you otherwise. 
Departments that are likely to collect and use this kind of personal information would be:

  • Education Resources in relation to school pupils and their families or others who have a significant relationship with the pupils
  • Social Work Resources in relation to clients and their families or others who have a significant relationship with the client
  • Finance and Corporate Resources in relation to employees and their families or others who have a significant relationship with the employees

Other Services will use this personal information to carry out statutory functions such as applications for a service or a licence.

Sometimes we collect your personal information because we need it to enter into a contract with you, for example setting up a payment. If you don’t give us the information, we will not be able to provide you with the service need.

How we gather your personal information

We get personal information:

  • directly from you, for example when you fill out an application form
  • from other people who are connected to you about a service they provide
  • from people who are making a complaint about you
  • other public bodies such as other councils (or parts of this council), Police Scotland, Audit Scotland and regulators such as the Scottish Social Services Council or the General Teaching Council.

We also collect some personal information by recording phone calls. We record calls for training and to improve our standards. We also record calls for monitoring things such as the timing of your call and what you said to us.

We collect personal information on our CCTV cameras which are used to deter and detect anti-social behaviour, to protect our buildings, employees and other people.

Our website also collects cookies. These are small text files that websites place on your device as you are browsing. They are processed and stored by your web browser. Cookies themselves are harmless and serve crucial functions for websites. However they can store a wealth of data, enough to potentially identify you without your consent. Cookies can also generally be easily viewed and deleted. For more information see our Cookies page.

How we use your personal information

When we ask you for personal information we will tell you why and how we will use it. 

We use your personal information when necessary to do so:

  • when we need it to provide a statutory function or service including those to which you are entitled. If you don’t give us the information we will not be able to provide you with that service
  • when we have to  comply with a legal obligation for example giving your information to Police Scotland or other third parties as a result of a warrant or court order
  • when we are going to have or have a contract with you for a service
  • we have to for the interests of third parties, if their interests outweigh your own personal rights and freedoms

If we are using personal information that needs special protection, we will only do so in the situations listed above and if we need to meet any other requirements of data protection law. 

Other reasons

Some other reasons to use your personal information include:

  • providing a statutory function or service which is being carried out in the public interest even if you are entitled to it
  • providing an occupational pension
  • monitoring our compliance with equality laws
  • providing confidential counselling, advice or support or similar services being carried out in the public interest
  • answering enquiries from councillors and other elected representatives
  • protecting the wellbeing of children and people at risk where we do not need your agreement – for instance because we cannot  ask you for your agreement as we do not know where you are or it is inappropriate for us to do so
  • to protect the economic wellbeing of certain people where we do not need your agreement – for instance because we cannot ask you for your agreement as we do not know where you are or it is inappropriate for us to do so
  • providing health and social care services or
  • you have given us permission to use your protected personal information

There may be circumstances where we will only use your personal information and or sensitive personal information where you agree to us doing so. If you have been asked and agreed that we can use your personal information, you can change your mind at any time in the same way you first gave us your permission – this could be by phone, online form, letter and so on. You can also contact our Data Protection Officer (DPO).

Sharing your personal information

We will tell you when we first ask for your personal information if we will share it, who we will share it with and why.

We do not share personal information outside the UK. However, there may be times where we use a processor (someone who holds or uses the personal information on our behalf and under our instructions) or share it with organisations and they may be outside of the UK not necessarily within the EU.

Outside the EU

We will only use a processor outside the EU if:

  • the processor or the place the information will be held is in a country that the EU Commission has decided has good enough protection for your personal information or
  • we have put own measures in place to make sure the security is good enough. This would include putting a contract in place with the processor and by carrying out strict security tests

If we are transferring your personal information outside the EU, we will let you know when you first give us the information or when we get your personal information from someone else.

How long we will keep your personal information

By law we must not keep personal information longer than we need to. 

Sometimes these time limits are set by law.

Most of the time this means that we can only hold your information for as long as it takes to carry out the service or function you have asked for. Sometimes it can be longer, for example if auditors need to see records or if anyone could take action against us about the service we provided. 

Keeping your info

These are examples of how long we could keep your information:

  • at least 6 months - if you applied for a job with us but didn’t get it. We keep this in case you complain to the Employment Tribunal
  • at least 5 years from end of the provision of a service or other interaction with someone where that person could take legal action against us such as to sue us for money
  • if any legal action is raised against us, the personal information will be kept until the case is closed
  • sometimes we may want to archive personal information because it is in the public interest to do so. If we do this  we will let you know that this has been done and take steps to protect your rights and freedoms

We keep retention schedules that set out the periods of time that we keep personal information. You can ask to see these at any time. You can also ask us to be told about how we use your personal information.

Your privacy rights

You have the right to ask us to:

  • tell you that we are using personal information about you, tell you  what that information is and who we have shared it with. You can also ask us for a copy of the information we have about you. This is called the right of access
  • to correct any wrong or misleading personal information that we have about you. This is called the right to rectification
  • stop using any or all of your personal information. This is called the right to object
  • to delete or destroy your personal information under certain circumstances. This is called the right to erasure 
  • stop using your personal information until we can correct your personal information, give you our reasons for using your personal information or to stop us deleting your personal data if you need it in connection with any legal claims. This is called the right of restriction. 
  • pass your personal information to someone else under certain circumstances. This is called the right to data portability

Right of access

This is your right to

  • know if we are using your personal information and to know why
  • know what kinds of personal information we are using and to have access to your personal information
  • know who have or intend to share your personal information with
  • get a copy of the personal information we have about you

Right of rectification

This is your right to ask us to fix any incomplete or inaccurate personal information about you.

Right to erasure

This is your right to ask us to delete personal information where we cannot justify holding and using it or where we are only using your information because you have been asked and agreed to us doing so, you could ask us to delete all personal information that we use.

Right of restriction

This is your right to ask us to restrict our use of your personal information while the accuracy of the information is being established.

Right to object

This is your right to object to us about our use of your personal information depending on your circumstances

Right to data portability

This is your right to ask us to give your personal information to you, another person, body or organisation. You only have this right if we have told you that the information is needed for a contract between us or you have told us that it is OK to do so.

Response times when you exercise your rights

We have 1 month (in complicated cases, we can extend this to 3 months) to respond to you. We will let you know before the end of the first month if we need to extend the time we have to get back to you.

We will tell you if we will carry out what you asked, either all of it, part of it or not at all. We can refuse requests but only where we can justify doing so. We will explain any reasons for not carrying out your requests.

Making a complaint

You can complain about how we have used your personal information. You should contact our Data Protection Officer.  
You should contact the Information Commissioner if you are unhappy with our answer to your complaint.

Related content

  1. General privacy notice
  2. Adult and older people's services
  3. Anti-social behaviour
  4. Council employees bank mandate
  5. Blue Badges
  6. Bulk uplifts
  7. Business property enquiry
  8. Carer support
  9. Civica eStore
  10. Clothing grants/free school meals
  11. Comments and complaints
  12. Council invoices
  13. Crisis/Community Care Grants
  14. Customer Services
  15. Education Maintenance Allowance
  16. Equipment and adaptations
  17. Housing allocations
  18. Fostering and adoption
  19. Non-domestic rates
  20. Pass Plus
  21. Photography and filming permission
  22. Pupil registration and enrolment
  23. Recruitment criminal convictions check
  24. Recruitment health check
  25. School placing requests
  26. School transport
  27. SLLC employee bank mandate
  28. SLLC recruitment criminal convictions check
  29. SLLC recruitment health checks
  30. Social Work assessment
  31. Unpaid work
  32. Waste Services
  33. Council Tax/Council Tax reduction
  34. Housing benefit/Discretionary Housing Payments
  35. Non-Domestic rates
  36. Factoring and buildings insurance
  37. Change of details agent/landlord/solicitor/owner
  38. Council tenant change of name
  39. Common repairs
  40. HomeImprove
  41. Third party insurance claims
  42. Land and property
  43. Online rent account
  44. Tenant participation
  45. Permission to alter or sublet council property/operate a business
  46. Rent/factoring/lock-up Direct Debit
  47. Care of Gardens
  48. Bereavement Services
  49. Excellence in customer services
  50. Landlord forum
  51. Coronavirus Business Support Fund
  52. School hub application
  53. Planning pre-application enquiry
  54. Self-employed Hardship Fund
  55. Modern Apprenticeship Quarterly Review
  56. Coronavirus Business Support Fund - Tenant/Occupier Grant Fund
  57. Bed and Breakfast and Small Serviced Accommodation Provider Hardship Fund
  58. Early years exemption
  59. Debt/benefit advice enquiry
  60. Small Business Support Grant
  61. Town Centre Small Business PPE Grant
  62. Covid-19 business restrictions funds
  63. Kickstart Scheme
  64. Scottish Welfare fund
  65. Entering/leaving council facilities
  66. School registration
  67. Taxi and Private Hire Driver and Operator Support Fund
  68. Early Learning and Childcare application
  69. Access to free sanitary provision
  70. Annual HAVS Health Assessment Questionnaire
  71. Covid-19 Discretionary Fund
  72. Small Accommodation Providers paying Council Tax Fund
  73. UK Community Renewal Fund
  74. Community clean-up support
  75. Instrumental music tuition
  76. Community wellbeing helpline
  77. Scottish Milk and Healthy Snack Scheme
  78. Low Income Pandemic Payment
  79. Housing repairs
  80. Planning enforcement
  81. Supported Care enquiry
  82. Climate Emergency and Resilience Grant
  83. Food Strategy Fund Grant
  84. Allotments
  85. Road and skip permits
  86. Book a visit to Carluke waste and recycling centre
  87. Employees
  88. Criminal convictions - election polling staff
  89. Lived Experience Fund
  90. East Kilbride 75th anniversary grant application
  91. Platinum Jubilee Awards nomination
  92. Planning enquiries
  93. South Lanarkshire Works customer and employer enquiry
  94. Ideas letterbox
  95. South Lanarkshire heat project
  96. Money Matters Advice Service
  97. Building warrant search/copy documentation
  98. Bank/building society mandate for SLC salary payments
  99. Planning application search/copy of documentation
  100. Food business registration application
  101. Cost of living additional supports and Warm Welcome initiative community grants
  102. National Entitlement Card (NEC) privacy statement
  103. Building Standards enquiries
  104. Parking enquiry
  105. Wheeled bin and refuse sack assistance
  106. Community Wish List
  107. Property enquiry
  108. Planning applicants
  109. Community asset transfer expression of interest
  110. Seniors Together
  111. Social work enquiries
  112. Rough sleeping
  113. Electrical Vehicle Charge point application
  114. Request for access to information (FOI)
  115. Adopted roads enquiry
  116. Energy Bills Support Scheme Alternative Fund and Alternative Fuel Payment Fund
  117. Education general enquiries
  118. Early years enquiries
  119. Civil ceremony booking enquiry
  120. Social Enterprise Grant
  121. Participatory budgeting
  122. Report an empty property
  123. Micro Business Support Grant
  124. Pass plus application
  125. Electric vehicle charging enquiry
  126. Education benefits enquiries
  127. Licensing complaint
  128. Consumer and environmental complaints
  129. Copy birth, death, marriage and civil partnership certificates
  130. Civil marriage, partnership and other ceremonies
  131. Self-build register
  132. Employment at elections
  133. Local Place Plan register

Data Protection

Address:

Data Protection Officer
South Lanarkshire Council
Finance and Corporate Resources
Almada Street
Hamilton
ML3 0AA
Email: Data Protection

Information Commissioner

Address:

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1115
Email: Information Commissioner