What is personal information?
Personal information can be anything that identifies and relates to a living person. This can include information that when put together with other information can then identify a person. For example, this could be your name and contact details. This notice explains the high level principles we operate to in using your personal data and under what conditions we share your information.
Some personal information might be ‘special’
Some information is ‘special’ and needs more protection due to its sensitivity. It’s often information you would not want widely known and is very personal to you. This is likely to include anything that can reveal your:
- religious or philosophical beliefs
- ethnicity
- physical or mental health
- trade union membership
- political opinion
- genetic/biometric data
- sexuality and sexual health
- criminal history
What we do with your personal information
We use your personal information to allow us to carry out our statutory functions in relation to the regulation of alcohol and gambling Licensing and to meet our legal obligations as a public authority.
In processing your application for a licence we may need to refer you to a meeting of the Angus Licensing Board (the Board). We may also need to refer you to the Board if you are a current licence holder and we receive information and or a complaint about you.
We are required by law to enter your personal information on a public register of applications for licences. This register can be accessed by any member of the public. We may publish this register or extracts of the register online. We may also provide the register to other public bodies to support a national register of licences.
Your personal information will be included in the agenda, reports and minutes for the Board. Some of this information will be published on our website.
Your personal information may be collected on a paper or online form, by telephone, email etc. by a member of our staff or one of our partners (for more details see below under Information Sharing).
We will use your details to provide you with our Licensing Board service which you have asked us to provide for you. We will also use your personal details to prevent and detect crime and/or when required by law and will share it with other public bodies for those purposes such as HMRC or the DWP.
Why do we collect information about you?
We collect and hold information about you so that we, or another public body providing services which are connected with ours, can
- confirm your identity to provide services
- contact you by post, email, or telephone
- understand what we can do for you
- ask for your opinion about our services
- update your customer record
- prevent and detect fraud and corruption in the use of public funds
- allow us to carry out licensing statutory functions efficiently and effectively
- make sure we meet our statutory obligations including those related to diversity and equalities.
How we collect information
Telephone calls, meetings
We do not record or monitor any telephone calls made to us, nor any meetings we may have with you.
Emails
If you email us we may keep a record of your email address and the email for our record keeping. We suggest that you keep the amount of confidential information you send to us via email to a minimum and use our secure online forms and services.
Use of the council’s website
If you are a user with general public access, the Angus Council website does not store or capture personal information other than a log of your IP address which is a number that can uniquely identify a specific computer or other network device on the internet etc. The system will only record other personal information if you enter it in order to:
- subscribe to or apply for services that require personal information
- report a fault and give your contact details for us to respond
- contact us and leave your details for us to respond
We employ cookie technology to help log visitors to our web site. A cookie is a string of information that is sent by a web site and stored on your hard drive or temporarily in your computer’s memory. The information collected is used for the administration of the server and to improve the service provided by the web site. No personal information is collected this way. You can reject the use of cookies but you may be asked for information again, e.g. to participate in a survey. Further information and how to block cookies is located on our cookies page. This statement only covers the council web sites maintained by us and does not cover other web sites linked from our site.
How we use your information
We will use the information in a manner which conforms to the General Data Protection Regulation and the Data Protection Act 2018. To the extent required, we will endeavour to keep your information accurate and up to date and not keep it for longer than is necessary in line with the council’s retention schedule and prescribed periods that may be set in statute.
For most purposes, we will only process your information where necessary to allow us to carry out a statutory function or comply with a legal obligation to do so. In these cases, we will make sure that the gathering, holding and use of your personal data is kept to a minimum and in accordance with the terms of this privacy statement or a more specific privacy notice. We will not use your personal details for any other purpose without obtaining your consent, unless otherwise necessary as explained in this statement.
When we seek your consent for additional use of your personal information we will make clear what use you are consenting to. We will not use your personal details for any other purpose without getting your further consent.
For the regulatory and or statutory activity carried out by us, it will be necessary for information contained within your application to be published and potentially discussed in open Board meetings. This will be made clear on any relevant application forms. For matters decided by Board Meetings, the agendas, reports and minutes of these meetings are normally public documents and will be published on the council’s website.
Information sharing
We may need to pass your information to other people and organisations that provide a statutory service or where we are required by law to do so. The main organisations we share information with are:
- NHS Tayside
- Police Scotland and other criminal investigation agencies
- Scottish Fire and Rescue Service
- Scottish Ambulance Service
- Her Majesty’s Revenue and Customs (HMRC)
- Scottish Public Services Ombudsman
- The Scottish Information Commissioner
- The (UK) Information Commissioner
- Disclosure Scotland
These organisations are obliged to keep your details securely and in line with their statutory obligations. We will only disclose information to other partners where necessary, either to comply with a legal obligation, or where permitted under data protection legislation, for example where the disclosure is necessary to carry out a statutory function or where it is in the public interest to do so such as for the prevention and/or detection of crime. This could include the need to disclose sensitive or confidential information such as medical details to other consultees.
We may disclose information when necessary to prevent risk of harm to an individual.
At no time will your information be passed to external organisations or our partners for marketing or sales purposes or for any commercial use without your consent.
Detection and prevention of crime
We have a legal obligation to safeguard public funds and we reserve the right to check the information you have provided for accuracy, in order to detect fraud.
There is also an expectation that we will assist in the prevention and detection of crime and we will therefore generally supply specific information which we are asked to provide to the police or other crime detection agencies. However, we will only do so where we are satisfied that it is necessary to do so to avoid harm being caused to any specified investigation and that the disclosure would be lawful and proportionate.
Statistics and reports
We carry out statistical analyses of the information we hold to monitor our performance and to improve service delivery. These statistics do not identify any individuals and may be published or shared with other organisations or individuals. We also carry out research and help other bodies carry out research using the information we hold where there is a legitimate interest in doing so. We may also share your information with other public bodies as part of a project to produce better population estimates for the area.
However, at no time will we carry out research or allow anyone using our information to do so, where the outcome of that research will be
- used in any way to make decisions about any individuals concerned in the research
- carried out in a way that substantial damage or substantial distress could be caused to any individual whose information is being used as part of the research.
We or anyone with access to our information when carrying out research will only use or give access to anonymised information unless it is necessary to use personal information that identifies individuals.
Public statements
If someone makes a public statement about the council and we have information showing it to be wrong, we may publicise the fact that we have information to contradict it. We may ask for your consent to publish our information if it involves you. If you refuse, we may make your refusal to consent public.
Specific statements
This statement sets out the general uses of personal information by the Angus Licensing Board and associated licensing staff. However, there may be situations where the personal information gathered, obtained, held and used by us is to be used in a way that is not explained in this notice. In these cases, you will be given specific statements about how your information will be used.
How we protect your information
Your personal information is held in securely stored paper records within Angus Council, or electronically on secure servers operated by, or on behalf of, Angus Council. Information processed by Police Scotland, NHS Tayside, Scottish Fire and Rescue Service and the Scottish Ambulance Service will be held in facilities of aforesaid Agencies
No one has access to the personal information we hold unless it is necessary to enable us to carry out our duties towards you or to protect your vital interests. No third parties have access to your personal data unless permitted by law or unless we have contracted with them to provide services on our behalf. Everyone who has access to your personal information is bound by a duty of confidentiality.
We never sell your information to third parties for any purpose including marketing. We do not provide your information to any other public bodies or departments unless the law requires us to do so.
We will dispose of paper records or delete any electronic personal information in a secure way.
Your rights
The personal information we hold about you is your information and the law gives you a number of rights in relation to that information:
- You have the right to be informed about the information we hold and how we process it
- You have the right to access all the information we hold about you as prescribed by the data protection legislation
- You have the right to require us to rectify any errors in the information we hold about you
- You can ask for your personal information to be deleted under certain circumstances but we can’t delete your information where we are required to have it by law, where it is used for freedom of expression, for public health or statistical purposes; for scientific or historical research, where it would make information unusable or where it is necessary for legal claims
- You have the right to ask us to restrict your information from being processed under certain circumstances
- You have the right to object to us collecting or processing personal information about you though this may affect our ability to provide our service to you
- You have the right to ask for your personal information to be given back to you or another service provider of your choice in a commonly used format. This is called data portability. However this only applies if we’re using your personal information with consent (not if we’re required to by law) and if decisions were made by a computer and not a human being. It’s likely that data portability won’t apply to most of the services you receive from the Licensing Board.
Contact details & advice
The council has a Data Protection Officer who makes sure we respect your rights and follow the law. If you wish to exercise any of the above rights, discuss your information rights further or are concerned about the use of your data please contact the council’s Data Protection Officer:
Angus Council, Angus House, Orchardbank Business Park, Forfar, DD8 1AN
Tel: 03452 777 778
Email: informationgovernance@angus.gov.uk
Where appropriate we may discuss with you the most appropriate way to obtain the information you are looking for, for example, where the information is held by Police Scotland.
In addition the Angus Licensing Board needs to be sure of your identity and to make sure that you have the right to see the information you are asking to see. We will therefore usually require proof of identity, for example, a passport, driving licence, birth or marriage certificate. For this reason we may have to contact you before we can accept a request as valid.
We will reply to a valid request within one month of receiving your request.
If you have any concerns or seek further advice you can contact the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. They can be contacted through their website: www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Changes to this privacy notice
We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law. When such changes occur, we will revise the ‘last updated’ date at the top of this notice and the current version will be available on these pages.