Privacy and Personal Data

Privacy Notice - Council Tax Debt Recovery

West Devon Borough Council takes your privacy seriously.

We will use your information to assess the proportionality of your repayment offer for Council Tax arrears and recovery of the arrears. This notice sets out what we will do with your personal information and who we may share it with in respect of the above.

What information about you do we collect?

We collect the following information:

  • Your name
  • Your address
  • Your contact details 
  • Your date of birth 
  • Your national insurance number
  • Your bank details 
  • Your income details
  • Your employer’s details 
  • Your benefit details 
  • Details of any other liable parties 

How do we collect information about you?

Relevant personal data will be collected:

  • Personal data is collected directly from the data subject and from the account holder when the personal data relates to residents of the property where it is relevant for arrears related to the account.

How will your personal data be used?

Your personal data will be used in the following ways:

  • For the purpose of recovery of Council Tax arrears in accordance with The Council Tax (Administration and Enforcement) Regulations 1992.
  • To enable the Council’s to employ alternative means of recovery, such as contacting your employer with an Attachment of Earnings Order, contacting your benefit provider with an Attachment of Benefits Order, or a Debt Recovery Service.

The Legal basis for processing your data

Your personal data is processed under the following legal bases: 

  • Article 6 1(c) processing is necessary for the 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.

Local authorities are legally obligated to administer the collection of Council Tax in accordance with the Local Government Finance Act 1992 and the recovery of Council Tax in accordance with The Council Tax (Administration and Enforcement) Regulations 1992.

Your special category data is processed under the following legal bases:  

  • Article 9(2)(b) – To comply with employment, social security, and social protection law in relation to the processing of Health data in accordance with our legal obligations under the following legislation:
    • The Council Tax (Administration and Enforcement) Regulations 1992.
    • The Local Government Finance Act 1992.
  • Article 9 2(g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Who will your personal data be shared with?

We may share personal data with other departments within the Council and external organisations in the following circumstances: 

  • For law enforcement, criminal prosecutions and Court proceedings. 
  • If we need to establish, exercise or defend our legal rights, including the prevention and detection of fraud or protecting public interests. 
  • Where the department or organisation has a lawful right to the data, such as where an Act of Parliament enables access to it. 

Data may be passed to third parties, including Government Departments, other local authorities and private sector companies, including those that assist us in fraud detection and prevention or debt recovery. This includes credit reference agencies and data matching via the National Fraud Initiative. 

The personal information you provide will not be used for any other purpose, unless required by law, to prevent or detect crime or to protect public funds. 

Your personal data may be converted (‘anonymised’) into statistical or aggregated data in such a way that ensures that you cannot be identified from it. 

The council will never sell your data to anyone else.

Transferring of data outside the EU

Your data will not be transferred outside of the EU. It will be securely stored electronically within the UK only, unless it was necessary for safeguarding or for the prevention and detection of crime.

Length of time we keep your information

The council will retain personal data for the duration of the debt recovery period and 6 years following the closure of the case, at which time it will be deleted or destroyed.

Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website.

If you would like to exercise any of these rights, please email the data protection officer.

The Data Controller for your information

West Devon Borough Council
Kilworthy Park,
Drake Road,
Tavistock
Devon
PL19 0BZ

The Data Processors for your information

Your personal information may be provided to other organisations for processing in relation to this service. The Council has strict agreements with all Data Processors to ensure your information is protected. The Data Processors for information provided for Council Tax arrears purposes are:

  • Marston Holdings Limited debt recovery services. Further information about how Marston Holdings Limited process your personal data can be found on their Privacy Notice.
  • Jacobs Enforcement Limited debt recovery services. Further information about how Jacobs Enforcement Limited process your personal data can be found on their Privacy Notice.

Data Protection Officer

We have a duty to appoint a Data Protection Officer. Our Data Protection Officer is Drew Powell.

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by

  • Email
  • Telephone - 01822 813600
  • Writing to them at the address above

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at:
    Information Commissioner's Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire