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

• 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

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.