Legal Services Privacy Notice

• Name
• Address
• Contact details
• Specific details about your application which may be necessary to process it

• To monitor Regulation of Investigatory Powers (RIPA) authorisations
• To manage legal cases
• To accept and process applications relating to footpath diversion and stopping up Orders under both the Highways Act 1980 and the Town and Country Planning Act 1990
• To accept and process applications relating to temporary road closures under Town Police Clauses Act 1847
• To enter into property transactions

Carrying out a contract to which you are a party.

The legal basis for processing will be either “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” or “processing is necessary for compliance with a legal obligation to which the controller is subject” under various UK laws including but not limited to:-

• The Regulation of Investigatory Powers Act 2000 and
• The following areas of law:-
  • Employment
  • Litigation
  • Commercial
  • Property
  • Licensing
  • Planning
  • Highways
  • Environmental
  • Local Government
  • Judicial Review
  • Education
  • Adult Social Services
  • Debt Recovery
  • Housing, Antisocial behaviour and trespass
  • Child Protection and adoption

When we collect or share special category personal data, we rely upon the following legal conditions under UK GDPR:

• Article 6,1 (c) – processing is necessary for compliance with a legal obligation to which the controller is subject.

• Article 6,1, (e) – 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.

• Article 6,1 (f) – processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party (this cannot be used where the processing is for a statutory function).
• In terms of “special category” data, the processing condition for processing this type of data is likely to be Article 9, 2 (b) – processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law. And/or:

• Article 9, 2 (f) – processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity. And/or:

• Article 9, 2 (g) – processing is necessary for reasons of substantial public interest and is authorised by domestic law.

• External legal advisors retained by Dudley MBC
• External/Internal Audit
• Other local government authorities
• Where there are court proceedings, court officials, HM Land Registry and parties to court proceedings where appropriate
• Elected councillors (with your consent) where there is a need or requirement to consult with them
• Regulators eg the Local Government Ombudsman, the Information Commissioner’s Office, HMRC, Charity Commission

Dudley MBC in conjunction and in contract with third party organisations ensure their systems are scrutinised and checked so their processing and handling of data meets strict UK General Data Protection Regulation standards, including having robust, secure safety measures that guard against data loss or mis-handling.

We will process information in a legitimate and lawful basis to facilitate and provide services. In doing so we will use Adobe Acrobat Sign, an electronic signature solution, to validate and ensure electronically signed agreements are legally binding that includes an audit trail of the agreement which also includes the document is valid and certified.

We have an approved Data Processing Agreement that assures Adobe are compliant in processing your data including data that is classed as special category. For a copy of this please contact our information governance team.
Please view the Adobe Sign Privacy Policy

The minimum period for retaining legal files is 6 years.  However, in certain cases other periods will apply and these are as set out below: 

• No Childcare files are to be destroyed unless instructed by the Fee Earner or the child/youngest is 24. (When the last child is 24 years of age)
• Control of advertisements – where decision received, transfer decision letter to file. (5 – 6 years)
• Conveyancing matters. (12 years)
• Community charge/Council Tax Benefit, Review Board. (3 years)
• Disciplinary Appeals (3 years)
• Enforcement Notices/Planning Appeals (retain decision letters from Secretary of State and Enforcement Notices) and place on appropriate files. (5 years)
• Environmental Protection Act (EPA) Section 82/Section 99. (6 years)
• Housing Possession cases ASBO’s and other matters prepared for litigation. (6 years)
• Employment Tribunal cases. (3 – 6 years)
• Major construction contracts – Other Contracts. (12 years)
• Planning Appeals/Enforcement Notices (retain decision letters from Secretary of State and Enforcement Notices) (Section 106 Agreements) (5 years)
• Prosecutions (6 years)
• Cautions (5 years)
• DSO Case types (eg C1 – C18) – Including Corporate Litigation Prosecution Files and Community Safety Files, Housing Files. (6 years)
• ASBO’s. (6 years)
• TRO’s & TPO’s – Masters sent to Deeds Room (Sealed Order) (Indefinitley)
• TRO’s – Traffic Regulation Orders – to be destroyed 30 months after the Order was introduced.  The date will be on the Sealed Order (there will be a scanned copy on the file) (30 months / 2 ½ years)
• TPO’s – Tree Preservation Orders – retain file for 12 months from the date of closure. (12 months / 1 year)
• Application forms of unsuccessful candidates (but most have been included in an Equal Opps report) (6 months)

You have the right to:- (subject to some legal exceptions)
Request a copy of your information (known as a subject access request)
Request rectification or erasure of your information.
Request a restriction on the processing of your information, and
Complain to the Information Commissioner’s Office about the way the Council processes your information.