Privacy Notice - Litigation and Advice

Data Protection OfficerPlease read the following Privacy Notice carefully.

Why we are collecting your data

Basildon Borough Council needs to collect your data so that the Council can take all necessary legal action whether commencing or defending or providing advice.

Information collected

• Name and Contact Details

• Family Details

• Signature

• Images

• Bank Details

• Health and genetic records

• Biometric data

• Political opinions

• Sexual orientation

• Web Data (e.g. location data, IP address, cookies)

• Racial and ethical data

• Criminal Records

• Employment Records

In addition we may receive information from the police, medical practitioners, members of the public regarding individual's activities and behaviours.  We may receive any other necessary information from other organisations/agencies or individuals to enable legal proceedings to be commenced or defended or appropriate advice provided. 

This is information provided to the Litigation Team from other departments within the Council, medical experts, other local authorities or public authorities, police, other organisations.  Any other organisation or individual necessary for the pursuance of legal proceedings/legal advice enforcing/or advising on the law. It may also be information provided to us by you yourself.

The basis for the processing

• Contract: the processing is necessary for a contract the Council have with the individual and/or Business, or because they have asked you to take specific steps before entering into a contract.

• Legal obligation: the processing is necessary for the Council to comply with the law (not including contractual obligations).

• Vital interests: the processing is necessary to protect someone's life.

• Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

Who your information will be shared with

• Internal services: any appropriate departments within the Council with whom the legal action is connected

• Other bodies including Counsel chambers, Solicitors, experts involved in legal proceedings and other Local Authorities.

• We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.

• Any other appropriate person/organisation for the pursuance of legal proceedings, legal advice, or other legitimate interest/legal obligation.

We will never sell your data, however it will be shared with third parties to:

• Comply with legal obligations and legislative requirements

• Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you

• To help if there is need of any professional or legal advice on a matter relating to you

• To help prevent fraud and/or tackle crime

• To improve and optimise the performance of our services

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

• Use your information for marketing or sales purposes without your prior explicit consent.

• Send or store your data abroad unless it meets the requirements of the Data Protection regulations

• Make decisions about you based on automated processing.

How long will we hold your data for?

We will keep all records in accordance with the Legal File Destruction Policy, and this can range from 1 year to 7 years,

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.
If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.
You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer (opens new window)

• Phone: 01268 533333

• Letter to:

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk (opens new window)

• Phone: 0303 123 1113 (local rate) or 01625 545 745

• Letter to:

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO) (opens new window).