City of York Council (CYC) complies with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018, and is registered with the Information Commissioner’s Office (ICO), reference: Z5809563.
We created this privacy notice in November 2023 and we'll keep it under regular review.
CYC is the controller for the personal data we process, unless otherwise stated. You can contact the council’s Data Protection Officer at:
West OfficesStation Rise
York
YO1 6GA
Telephone: 01904 554145.
Email: information.governance@york.gov.uk.
You can find more information about the role of the Data Protection Officer in our Data Protection Policy Statement.
This privacy notice should be read in conjunction with other relevant specific privacy notices that are available in our Privacy Notice.
When appropriate we'll provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.
- What information will be collected
- Why is this information being collected
- How we collect your information
- What will we do with your information
- What is our legal basis for collecting or sharing your personal information
- Third parties
- Storage of information
- Transferring personal data abroad
- How long will we keep your information
- Further processing
- Automated decision-making
- Collecting information automatically
- Your rights in relation to this processing
- How we protect your information
What information will be collected
We'll collect information such as:
- your name
- your comments on the consultation material
- your contact details
- organisation name, address, and email
Why is this information being collected
The Council is undertaking public consultation to support progress towards adoption of the CIL Draft Charging Schedule, and the examination of the Draft Charging Schedule and evidence base, which will ensure the Council meets its statutory requirements.
How we collect your information
We'll collect information when you complete your representations about the CIL Draft Charging Schedule either electronically or on paper. We're using Survey Monkey, you can find out how they use your information at their Survey Monkey Privacy Notice.
If you complete on paper, once you complete and return it to us, we'll transfer the information you have given us onto the council’s secure network.
What will we do with your information
We'll use the information you give us to support progress towards adoption and examination of the CIL Draft Charging Schedule and it will be included in presentations, statistics, and reports such as to the independent examiner as part of their process in assessing the CIL Draft Charging Schedule.
As part of this process, the Council needs to make information available for public inspection, which we do by publishing on our website and also making paper copies available on request. We'll only make available or publish the information we have to do to meet our legal obligations. This includes:
- your name, or the name of the Organisation you represent
- your comments or representations
We're also required by law to share information with the Planning Inspectorate. This includes:
- your name
- organisation (where relevant)
- your ID number (if provided)
- your comments
You can find information on how the Planning Inspectorate uses your personal data, in their Planning Inspectorate Privacy Notice.
We'll ask for your consent to contact you if you want to:
- be notified of the submission of the CIL Draft Charging Schedule for examination, the publication of the Inspectors’ recommendations and the adoption of CIL
- take part in future surveys about the CIL
You can withdraw your consent at any time by emailing localplan@york.gov.uk.
We'll not use the information for any other purpose than set out in this privacy notice and will not disclose to a third party, for example, other companies or individuals, unless we're required to do so by law for the prevention of crime and detection of fraud, or, in some circumstances, when we feel that you or others are at risk.
What is our legal basis for collecting or sharing your personal information
Any personal data including special category data that we process as part of this process is done in accordance with Article 6, Article 9 and Article 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).
The legal basis for processing your personal data is in accordance with the following:
- Article 6(1)(a) - your consent
- Article 6(1)(c) UK GDPR - Legal Obligation
- Article 6(1)(e) UK GDPR - where 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.
This is supported by the following legal framework:
- Town and Country Planning (Local Planning (England) Regulations 2012. (Regulations 23, 24, 25 relating to Examination period)
The legal basis for processing your special category data is in accordance with the following:
- Article 9(2)(b) of the UK GDPR - Employment, social security and social protection
- Article 9(2)(g) of the UK GDPR - substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards
This is supported by Sch. 1, Part 2 (6) of the Data Protection Act 2018 and the following:
- Town and Country Planning (Local Planning (England) Regulations 2012. (Regulations 23, 24, 25 relating to Examination period)
Some of the Schedule 1 conditions for processing special category require an Appropriate Policy Document to be in place that sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice. You can find this at Our Appropriate Policy Document.
Third parties
The Council does not pass or sell personal data to third parties for marketing, sales, or any other commercial purposes.
Storage of information
We'll keep the information you give us in CYC’s secure network drive and make sure it can only be accessed by authorised staff.
Transferring personal data abroad
We may process your personal data using services hosted outside the UK or European Economic Area, but only where there are safeguards in place, for example, a data processing agreement etc. that complies with obligations equivalent to the principles of UK data protection legislation.
How long will we keep your information
We'll only keep your personal information for as long as is necessary and when we no longer have a need to keep it, we'll delete or destroy it securely.
Where required or appropriate, at the end of the retention period we'll pass onto the City Archives any relevant information.
Further processing
If we wish to use your personal information for a new purpose, not covered by this Privacy Notice, we'll provide you with a new notice explaining the purpose prior to commencing the processing and the processing conditions. Where and whenever necessary, we'll seek your consent prior to the new processing.
Automated decision-making
We do not carry out any automated decision making without any human intervention in providing this service.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
Your rights in relation to this processing
To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.
You can also find information about your rights in our Privacy Notice.
If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA
How we protect your information
We're committed to keeping your information safe and secure. There are several ways we do this, such as:
- IT security safeguards such as firewalls, encryption, and anti-virus software
- on-site security safeguards to protect physical files and electronic equipment
- training for all staff and elected councillors
- policies and procedures