Public Rights of Way privacy notice

1. Introduction

This notice provides additional privacy information regarding the collection and use of data for Public Rights of Way.

We will keep our privacy notice under regular review and will advise you of any updates on our website.

This Notice was last reviewed in December 2023.

2. Who we are

For the purposes of Data Protection legislation, South Tyneside Council is the Data Controller.

3. What type of personal information do we collect?

We may collect the following types of personal information when you provide it to us:

Name
Address
Telephone number
Email address

4. How do we collect personal information?

We may collect your personal information in a number of ways, for example:

In writing - for example letter or email
Telephone calls
Online forms
Referrals from another department
Solicitors or insurance companies acting on your behalf

5. Why do we collect your personal information?

We collect your personal information to gather information about issues with the public rights of way network in the Borough of South Tyneside, and we may contact you in relation to reports you make to us.

If your objection relates to an Order made under section 53 of the Wildlife & Countryside Act 1981 and is not withdrawn, the objection and your personal information contained within it will be submitted to the Secretary of State, as required by the legislation, in preparation for determination of that Order. If your objection relates to an Order made under section 118/119 of the Highways Act 1980 or section 257 of the Town & Country Planning Act 1990 and is not withdrawn, the objection and your personal information contained within it may be submitted to the Secretary of State as required by the legislation, in preparation for determination of that Order.

We may use your personal information to contact you to obtain further information or provide updates in relation to the Order you have contacted us about.

6. Who might we share your personal information with?

Personal data is not routinely shared and will be used only by our Public Rights of Way officer for business associated with the public rights of way network.

We may need to share your information with other Council departments where it relates to the service being requested.

We will not share your personal information with any other third parties unless you have specifically asked us to, or if we have a legal obligation to do so.

7. How long will we keep your personal information?

We will hold your personal information for up to seven years from the date of your report, after which time it will be securely destroyed.

This information will be held indefinitely as per the above legislation if it relates to an objection submitted under the Wildlife & Countryside Act 1981, the Highways Act 1980 or the Town & Country Planning Act 1990.

8. What is our legal basis for using your personal information?

To use your personal information there must be a lawful basis to do this, such as, through a contract, performing a public task or where there is a legal obligation.

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

(e) We need it to perform a public task.

The Council will rely on the following lawful basis for the processing of any special category data:

9 (g) Reasons of substantial public interest (with a basis in law)

9. How do we keep your personal information secure?

Information provided to the Public Rights of Way officer is held securely in a dedicated system. Only the officer and system administrators have access to these records.

10. Is your personal information used overseas?

We will not process your personal information outside of the European Economic Area (EEA).

11. What are your rights?

Your individual rights are set out in law. Subject to some legal exemptions, you have the following rights:

Right to be informed
Right of access
Right to rectification
Right to erasure
Right to restrict processing
Right to data portability
Right to object
Rights in relating to automated decision making and profiling

12. Contact us

If you would like to exercise your rights in relation to your personal information, or you feel that something has gone wrong with your personal information, you can contact us in either of the following ways:

By email: data.protection@southtyneside.gov.uk

By telephone: 0191 424 6539

In writing: South Tyneside Council, Information Governance, Town Hall and Civic Offices, South Shields, NE33 2RL

If you feel that the Council has not handled your information correctly you can contact the Information Commissioner's Office (ICO). The ICO is the Government's Independent Body responsible for overseeing data protection. In most cases the ICO will only review cases that have exhausted the Council's internal procedures.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. More information can be found on the ICO's website at www.ico.org.uk.

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