Privacy Notice for Income Collection and Debt Management

Who is collecting and using your personal data?

Devon County Council will act as a “data controller” for any personal data that you provide to us.  As such, we will ensure that the data give us is processed in line with our organisation’s Data Protection Policies and in line with your rights under the EU General Data Protection Regulation (GDPR) and associated data protection laws currently applicable in the UK.

Should you wish to find out more about Devon County Council’s Data Protection Policies please contact our Data Protection Officer.

Please note that failure to provide your personal data may result in the Council being unable to deal with your accounts and undertake its statutory obligations.

Why are we collecting your personal data?

We are collecting your personal data for the purposes of:

  • dealing with financial assessments
  • invoicing individuals
  • following up unpaid invoices in accordance with our statutory duties and debt recovery procedures
  • Acting as the Court appointed deputy for individuals’ property and financial affairs. To act in their best interests in accordance with any Court orders

We rely on the Care Act 2014, the Mental Capacity Act 2005 and the Adoption and Children Act 2002 as the lawful basis for processing your personal data.  The lawful grounds for processing personal data under the General Data Protection Regulation (GDPR) are Article 6(1) (a) with the individual’s consent and Article 6(1)(e) where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority and Article 9(1)(h) for special category personal data, the GDPR allows us to process information for health and social care purposes.

Who we will share your personal data with?

In order to deliver services to you, it may be necessary for us to share your personal data with the following organisations / partners;

  • The Courts and those involved in Legal proceedings and non-contentious matters including external solicitors and barristers, the Office of the Official Solicitor and Public Guardian, the Police, and Other Local Authorities
  • Benefits Tribunals
  • Government Agencies such as the DWP
  • HMRC
  • Construction Industry (CIS)
  • The National Health Service and Clinical Commissioning Groups
  • Solicitors, barristers and other professionals who may be acting on behalf of the Council
  • Employers, previous employers regarding pensions
  • Financial institutions such as banks and building societies
  • Third Party organisations such as Citizens Advice, care agencies, care home providers and other professional carers
  • Deputies appointed by the Court of Protection and Attorneys appointed under Lasting Powers of Attorney

How long will we hold your personal data?

Devon County Council will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.

Exercising your rights

Under the EU General Data Protection Regulations, you have the following rights;

  • The right of access to your own personal data
  • The right to request rectification or deletion of your personal data
  • The right to object to the processing of your personal data
  • The right to request a copy of the information you provide us in machine readable format
  • The right to withdraw your consent to any processing that is solely reliant upon your consent

Should you wish to exercise any of your rights, you should contact the Data Protection Officer.

Your right to complain

In the event that you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case.  Your complaint will then be investigated in accordance with the Council’s Customer Feedback Procedure.  If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below.

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: casework@ico.org.uk