Legal Services Privacy Notice

Mid Kent Legal Services (MKLS) does not routinely collect data due to the nature of the services we provide. It is most probable that your data will have been acquired by one of the other service departments within Tunbridge Wells Borough Council, for example if we are advising on a planning matter then your data may be passed over from the Planning department, or if we are advising on a property matter then your data may be passed over from the Estates department.

We will routinely receive personal information from the service departments within the council that legal services support and advise, which may include but not be limited to the following personal data:

• name
• contact details
• family details
• lifestyle and social circumstances
• financial details
• employment and education details
• visual images, personal appearance and behaviour
• business activities
• case file information

And Special Categories of personal data:

• physical or mental health details
• racial or ethnic origin
• offences (including alleged offences)
• criminal proceedings, outcomes and sentences
• religious or other beliefs of a similar nature

On occasion we may be the first point of contact that you have, in these circumstances we may collect some or all of the information listed below. We will ensure that we only collect the information required for us to deal with the matter.

• current and former name, telephone number, email address, address
• medical information, banking details, criminal record
• copies of identity documents, national insurance number
• complaints

There are limited circumstances where you must provide us with information; where there is a legal obligation to provide this information we will advise you of the same along with the consequences of failing to provide this.

In all other circumstances the information we obtain is necessary for the matter that we are dealing with, if you fail to provide information that is required then we may not be able to provide a service/complete legal transactions with you, or it may take longer to perform that service or may lead to you failing to receive important legal documents and relevant correspondence.

We also obtain personal information from other sources as follows:

• personal information from public sources such as the electoral roll, social media and public directories
• receive information from other government agencies or departments relevant to the matter that we are advising on

We are collecting your personal data for the purposes of dealing with legal proceedings and transactions in accordance with the council’s discretionary services, statutory duties and/or the establishment, exercise or defence of legal claims.

Your personal information will be treated as confidential but it may be shared with other council services in order to ensure our records are accurate and up-to-date, and to improve the standard of the services we deliver. We will only use your information in ways which are permitted by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).

In order to deliver services, it may be necessary for us to share your personal data with, but not necessarily limited to, the following organisations/partners:

• courts and those involved in legal proceedings and non-contentious matters including external solicitors and barristers, expert witnesses, the Police and other crime enforcement agencies
• other local authorities, parish councils and commons associations
• Highways England
• tribunals
• coroner’s inquests
• inquiries
• government agencies and departments, for example; HMRC, DWP, immigration enforcement where necessary
• The Land Registry
• National Health Service (NHS) and clinical commissioning groups
• members of the public by way of statutory notice or property related order (for example a compulsory purchase order)
• trade unions
• solicitors, barristers and other professionals who may be acting on our behalf
• third-party organisations such as housing associations
• debt collectors
• elected members and MPs
• contractors providing IT or advice services
• national regulators, such as the Information Commissioner’s Office or Investigatory Powers Commissioner’s Office
• consultees – statutory or others

If you make a payment to us, Civica will also use your information, but only on our instructions. They won’t use it for any other reasons, and they have to look after it in the same way we would. You can view their privacy information here.

We will not disclose your personal information to third parties for marketing purposes.

Maidstone Borough Council stores your information on our behalf. View the Maidstone Borough Council privacy information here.

We use your personal data for the purposes of dealing with legal proceedings and transactions in accordance with the council’s discretionary services, statutory duties and/or the establishment, exercise or defence of legal claims.

We won't use it for any other purposes without your consent, or without telling you first.

Sometimes we have to give it to other authorities, organisations or people. This would be for the prevention or detection of crime, or because of other legal matters. We don't need your consent to do this, but if we can, we'll let you know if we've passed your information on.

• Access – you can request copies of any of your personal information that is held by the council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

We will only keep your information for as long as we need it. Once we no longer need it, we will keep it for a set period (a retention period) but not use it. When the retention period expires, we will delete your information from our records.

See our Retention Schedule for further details.

What security precautions in place to protect the loss, misuse, or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration, or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us.

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

There are no automated decisions in this process.

If you are accessing online services and are aged 13 or under‚ please get your parent/guardian's permission beforehand whenever you provide us with personal information.

What are cookies and why are they used?

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience.

View what cookies we use and how you can manage them on our privacy and cookies page.

If you would like to make a complaint regarding the use of your personal data, you can contact our Data Protection Officer:

Email: dataprotection@tunbridgewells.gov.uk

For independent advice about data protection, privacy, and data sharing issues, you can contact the Information Commissioner's Office (ICO) at:

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.

Alternatively, visit the ICO website or email casework@ico.org.uk.