Privacy and Personal Data

West Devon Borough Council takes your privacy seriously. 

We will use your information in order to process insurance claims. 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:

• Name
• Address
• Contact details – email and/or telephone number
• Health data if applicable
• Any identifiable information relating to circumstances of the claim

How do we collect information about you?

Relevant personal data will be collected:

• Directly from you as the data subject  
• On your behalf from your insurer

How will your personal data be used?

Your personal data will be used in the following ways:

• To process insurance claims

The Legal basis for processing your data

Your personal data and special category data will be processed under the following legal bases:

Personal Data

• Article 6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes
• Article 6(1)(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
• 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, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child

Special Category Data

• Article 9(2)(a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where domestic law provides that the prohibition referred to in paragraph 1 may not be lifted by the data subject
• 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
• Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of domestic 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?

Personal data may be shared with the following:

• Our Broker
• Insurance companies acting on our behalf
• Internal services relevant to the claim

The Councils will never sell your data to anyone else.

Transferring of data outside of 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 Councils will retain personal data for no longer than 6 years from the date the claim has been settled.

Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

If you would like to exercise any of these rights, please email data.protection@swdevon.gov.uk.

The Data Controller for your information 

The Data Controllers for this information are South Hams District Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE and West Devon Borough Council, Kilworthy Park, Drake Road, Tavistock, Devon PL19 0BZ.

Data Protection Officer 

The Councils have a duty to appoint a Data Protection Officer. The Council’s Data Protection Officer is Drew Powell, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

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 emailing data.protection@swdevon.gov.uk, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

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
  SK9 5AF