We're in the process of setting our budget for the 2020/21 financial year and are inviting residents, businesses and groups in the borough to have their say on our approach. To fill in the consultation questionnaire go to: https://www.allerdale.gov.uk/en/consultation/.
Taxi licensing privacy notice
Allerdale Borough Council is registered as a Data Controller with the Information Commissioner's Office (ICO). Our registration number is Z5680850.
What personal information we collect
- Phone number
- Email address
- Date of birth
- Medical information
- Driver licence information and history
- Criminal conviction information and complete history (the Rehabilitation of Offenders Act 1974 does not apply to the taxi trade, and no conviction is therefore ever considered to be spent)
- Proof of your right to work and reside in the United Kingdom
- Certificate of Good Conduct from any other countries
All the above information is collected in relation to an application for a drivers’ licence. A lesser amount of personal information is required prior to the grant of a vehicle or operator licence.
Legal basis for processing your information
We have a statutory duty under the Local Government (Miscellaneous Provisions) Act 1976 and the Town Police Clauses Act 1847 (and associated regulations and amended legislation) to ensure that those we licence are fit and proper persons. We are not permitted to collect information we do not need or will not use.
Who we may share your data with
- Cumbria Police and other police forces/enforcement agencies. From time to time we get requests from the police for information that will assist them in investigating and preventing crime. We can share your information with the police if the law allows us to. We also have a data sharing agreement with Cumbria Police that allows us to share information
- Councillors who sit on the council’s licensing committees, i.e. where we refer your application or licence (in the case of a review) to the council’s licensing committees for determination
- We are required to hold some of your data in Public Registers: https://ipa.allerdale.gov.uk/PAforLalpacLIVE/1/WcaHome. The type of information contained in the register is stipulated in the legislation
- Internal council departments, where the law allows us to do so
- Cabinet Office. We have a legal duty to submit information to the Government as part of the National Fraud Initiative (NFI). Further information on the type of information that we have to disclose is available on the NFI website
- HM Revenue & Customs (HMRC). We have a statutory duty under schedule 23 of the Finance Act 2011 to submit returns to the HMRC
- National Anti-Fraud Network (NAFN). We share information with NAFN as part of the national database of taxi and PHV driver licence refusals, suspensions and revocations
- Department for Transport (DfT). We share some information with the DfT for statistical purposes. However, this would not normally include personal or special category information
- Department for Environment, Food & Rural Affairs (DEFRA). We share information with 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 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.
Sources of information
- Applicants and existing drivers
- The Disclosure and Barring Service, to check if you are eligible to hold a licence
- Cumbria Police, to check criminal history
- The Driver and Vehicle Licensing Agency (via gov.uk website) to view your driving record, for example vehicles you can drive and/or to check your penalty points or disqualifications
- Other licensing authorities with whom you may have held a licence
- Medical professionals and practitioners responsible for certifying your fitness to hold a licence
- Licensed operators.
How long we keep personal data
We only keep information for as long as it is needed. This is based on either a legal requirement (where a law says we have to keep information for a specific period of time) or accepted business practice.
In accordance with our retention schedule Allerdale Borough Council keeps information for the following periods of time:
- 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 NR3 database will be held for a period of 25 years.
How is your information stored
We store your information in a number of computer systems (currently Lapac and Comino), which can only be accessed by password. The systems have appropriate security features which limit the information that officers can view.
What happens if you don’t provide us with your information
If you don’t provide us with your information we will not be able to assess your application and you may not be granted a licence.
Automated decision making
We will not use the personal data you provide to make any automated decisions.
Your rights as a data subject
The law gives you specific rights over your information. These rights are:
- to be informed of our use of information about you
- of access to information about you
- rectify information about you that is inaccurate
- to have your information erased (the ‘right to be forgotten’)
- to restrict how we use information about you
- to move your information to a new service provider
- to object to how we use information about you
- not to have decisions made about you on the basis of automated decision making
- to object to direct marketing
- to complain about anything the Council does with your information (please see the ‘Complaints’ section below).
Some of the rights listed above apply only in certain situations and some have a limited effect. Your rights are explained further in the in the Individuals’ Rights section of our website.
Changes to this privacy notice
This notice is kept under regular review to make sure it is up to date and accurate.
Data Protection Officer (DPO)
The council is required by law to have a DPO. The DPO has a number of duties, including:
- monitoring the council’s compliance with data protection law
- providing advice and guidance on data protection
- acting as the point of contact for data subjects
- co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).
Our DPO makes sure we respect your rights and follow the law. If you have any concerns or questions about how we look after your personal information, please email the Data Protection Officer at email@example.com
If we have been unable to resolve your complaint, you can refer the matter to the Information Commissioner’s Office (ICO).
The ICO is the UK's independent body set up to uphold information rights and it can investigate and adjudicate on any data protection related concerns you raise with it. It can be contacted via the methods below:
Telephone: 0303 123 1113
Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF