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Legal Services Privacy Notice

Legal Services - Data Protection and Privacy Notice

Data we collect

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

The reasons we use your data

  • 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

Why we are allowed to use your data

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

Who we can share your data with

  • 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

How long do we keep your information?

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)

What are your rights?

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. 

At no time will your information be passed to organisations external to the Council or its partners for marketing or sales purposes or for any commercial use without your prior express consent.

For enquiries about this privacy notice and for deletion of data held under consent please email: Mohammed.Farooq@dudley.gov.uk.