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 March 2022 and we will keep it under regular review.
We regularly review this privacy notice, and it was last updated in April 2024.
CYC is committed to ensuring that information is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
This Privacy Notice explains how and why we process your information, under Part 3 of the Data Protection Act 2018 for law enforcement purposes and the steps we take to keep your information safe.
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 will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.
- How we collect your information
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We get information about you from the following sources:
- directly from you
- from other organisations, government departments etc when we acquire evidence as part of an application or investigation
- when we survey our customers
What personal data we process and why
We process your personal data, special categories of personal data and data relating to criminal convictions and offences such as:
- name, contact details, national insurance number
- medical details including information about your health from your GP or specialist
- criminal record details
- passport details
- tax check code
- immigration status and duration in and out of the UK
- right to work details
- photograph and date of birth
- past name / address and taxi trade history
- driving licence details
- reference details
- vehicle details:
- history of purchase, start and expiry date of a licence, vehicle plate number, vehicle registration number, whether vehicle is private hire or hackney carriage, whether vehicle is wheelchair accessible
- name of drivers authorised to drive a licenced vehicle
- private hire business details including staff details
- driver, vehicle, and operator insurance details
- driver, wheelchair, and driver training day test results
- complaints history including committee and court reports
- your opinions, thoughts and feedback on our services and policies
We will only ask for information that is appropriate to enable us to deliver our services. If you do not provide us with the information we need or refuse to, this might affect our ability to provide some services to you.
We ask that you:
- give us accurate information
- tell us as soon as possible of any changes
- tell us as soon as possible if you notice mistakes in the information, we hold about you
We collect and use your information to:
- assess your suitability and fitness to be issued with a taxi or private hire licence and to assist us in managing your licence
- contact you in relation to your licence(s)
- complete any required checks for example, medical checks, criminal record (DBS) checks and DVLA checks. This includes when we must update these checks.
We publish a taxi licenses register on the City of York Council’s website which shows private hire operators / drivers / vehicles details including name, business address and telephone number, start and end date of their licence, and licence number.
We may also contact you with updates on our services, and/or to take part in surveys/consultations where you have given us your consent to do so. You can withdraw your consent at any time by contacting licensing@york.gov.uk. If you complete a paper survey, once you complete and return it to us, we will transfer the information you have given us onto the council’s secure network and then destroy confidentially the paper copy.
The information we collect may be included in presentations, statistics, and reports. Any presentations, reports and statistics for publication or use outside of the authorised council staff, will be anonymised, and cannot be linked back to you or individuals. Reports containing anonymous information may also be shared with the public and other organisations.
Automated decision-making
We do not carry out any automated decision making in Taxi and Private Hire Licensing services
Collecting information automatically
Please see our cookies page for further information about the information we collect automatically when you use our website.
Children’s information
Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.
Lawful basis for processing your personal data
Any personal data including special category data and criminal offence data that we process about individuals is done so 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 one or more of the following:
- Article 6(1)(a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
- Article 6(1)(c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
- Article 6(1)(e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- Article 6(1)(f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)
- Article 9(2)(a) Explicit consent
- Article9(2)(b) Employment, social security, and social protection (if authorised by law)
- Article 9(2)(g) Reasons of substantial public interest (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework:
- Local Government (Miscellaneous) Provisions Act 1976
- Town Police Clauses Act 1847 & 1889
- Transport Act 1985, 1991
- Equality Act 2010
- Criminal Justice & Public Order Act 1994
- Immigration Act 2016
- Deregulation Act 2015
- The Air Quality (Taxis and Private Hire Vehicles Database) England Wales Regulations 2019
The above list is not exhaustive.
Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.
Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which 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.
Our Appropriate Policy Document provides further information about this processing.
How long we keep your personal data
We will keep your information for as long as is necessary, unless superseded by statutory regulation, and we will dispose of it securely when it is no longer needed.
- information submitted as part of an application - 6 years after the date in which the application is refused
- information held in respect of a licence - 6 years after the date from which the licence ceases to be held
- information received as part of an enforcement investigation – for a minimum of 6 years and then for only so long as may be necessary to inform a decision to protect the public
- information held on the National Anti-Fraud Network NAFN (NR3S) database will be held for a period of 11 years
Data sharing
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share your information.
We will share your information with:
- the National Anti-Fraud Network NAFN as part of the national database of taxi and PHV driver licence refusals, revocations and suspensions (NR3S); for more information, please read the NAFN’s online Privacy Policy.
- the Department for Environment, Food & Rural Affairs DEFRA as required by The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019. The information we are required to share with DEFRA includes Vehicle Registration Mark, the start and expiry date of the vehicle licence, whether the vehicle is a taxi or PHV, the name of the licensing authority, the licence plate number, and an indication of whether it is a wheelchair accessible vehicle. Read DEFRA's Privacy Notice for more information.
- City of York Councillors who sit on the Council’s Licensing and Regulatory Committee where we refer your application or licence (in the case of a review) to the Committee for determination.
Your application will also be made publicly available when your application goes to Licensing and Regulatory Committee, the details of your application are made publicly available so that the decisions the council makes are open and transparent. Some personal information, such as criminal conviction, is not made publicly available, however Committee Members will have that information to enable them to make a decision on your licence application or licence or both.
We may also share your information with:
- internal council departments if the law requires us to do so e.g., for the purpose of administration, regulation, and law enforcement
- other local authorities and enforcement organisations including but not limited to the police.
- to the government as part of the National Fraud Initiative (NFI).
- HM Revenue & Customs
We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision making.
Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts in place with them such as
- First Advantage/Know Your People for our Disclosure and Barring Service criminal record checks, you can find out how they use your information at their Privacy Policy
- Civica for our client database licensing software, you can find out how they use your information at their Privacy Notice
- Drivetech (part of the AA) for our DVLA licence checks, you can find out how they use your information at their Privacy Notice
- HPI Solera for our vehicle insurance/accident checks, you can find out how they use your information at their Privacy Notice
- When we use SurveyMonkey for our surveys or consultation etc, you can find out how they use your information at their Privacy Notice
- When we use Eventbrite for arranging and organising events etc, you can find out how they use your information at their Privacy Policy
- Where we use Delib’s CitizenSpace (digital citizen engagement platform) you can find out how they use your information at their Privacy Notice
- Where we use Granicus/Gov Delivery to send you updates, newsletters etc you can find out how they use your information at their Privacy Policy
- If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice
Transfers of personal data
We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
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
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