Insurance claims
This Privacy Notice is designed to help you understand how and why the Insurance Team, processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.
Who are we?
Redcar and Cleveland Borough Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR).
Data Protection Officer
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
InformationGovernance@redcar-cleveland.gov.uk or 01642 774774
What personal information do we collect?
The information we collect may include:
- Basic details about you, for example, name, address, date of birth, phone numbers
- Unique identifiers (such as your NI number)
- Contact we have had with you, for example, appointments & letters of correspondence
- Notes and reports about your relevant circumstances
- Details and records about the services you have received
- Relevant information about other people that we have been in contact within relation to your insurance claim
- Reports and information to decide liability
Why do we collect your personal information?
We use information about insurance claimants to enable us to carry out specific functions for which we are responsible and for the purpose of litigation.
Your records are used to allow the Council to fully investigate your claim. It is important that your records are accurate and up to date as they will help make sure that our staff are able to provide you with the help, advice or support you need.
If you do not provide us with this information then we will not be able to process your claim.
Who do we share this information with?
There may be occasions where your information needs to be disclosed (shared), these include:
- Management of your claim by the Council’s claim handler
- Defence of the claim by the Council’s litigation solicitor
- When the law requires us to pass on information under special circumstances
- Crime prevention or detection of fraud as part of the National Fraud Initiative
Anyone who receives information from us has a legal duty to keep it confidential.
The management of claims made against the Council has been outsourced, so other organisations will process your data on our behalf. These include:
- Gallagher Bassett and Zurich Municipal who provide the Council’s claim handling service who will process personal data
- DAC Beachcroft who will defend the Council in any litigated claims
Information will be processed within the EEA and will not be shared with overseas recipients.
How long do we keep your information for?
Your information will be kept in line with the Council’s retention schedule.
Information relating to insurance claims is held for 6 years after your claim is closed. Processing is kept to a minimum and will only be processed in accordance with the law.
What is our lawful basis for processing your information?
Redcar and Cleveland Borough Council relies on the following lawful basis to process your personal data:
- UK GDPR Article 6(c) Legal Obligation: the processing is necessary for compliance with a legal obligation to which the controller is subject.
- UK GDPR Article 6(e) Public Task: the 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.
When processing special category data, the Council will rely on the following lawful basis:
- UK GDPR Article 9(f): Legal claims or judicial acts
- UK GDPR Article 9(g): Reasons of substantial public interest (with a basis in law)
The legislations, policies and guidance that relate to this service includes, but is not limited to:
- Local Government Finance Act 1992
- Civil Procedure Rules 1998
- Fraud Act 2006
- Section 151 of the Local Government Act 1972
Your Rights
You have a number of rights that you may exercise in relation to your personal data. Some of the rights do not apply automatically and may not be available in certain circumstances where a lawful exception applies.
- You have a right to access your personal data. You can request a copy of personal data that we hold about you and ask us to explain how we use your data.
- You have a right to object to processing of your personal data. You have an absolute right to stop your data being used for direct marketing. In other cases where the right to object applies, we may be able to continue using your data if we have a compelling reason for doing so.
- If we are relying on consent as the lawful basis to process your data you can withdraw your consent at any time, and we will stop further processing.
- You have a right to request the restriction or suppression of your personal data.
- You have a right to have your personal data erased, if we no longer have a legitimate use for it. This right is sometimes called the ‘right to be forgotten’.
- You have a right to rectification of your personal data if the information we hold in relation to you is inaccurate or incomplete.
- You have a right not to be subject to any decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. You can request human intervention or challenge any solely automated decision-making that significantly affects you.
If you would like to request access to your personal data or exercise any of your other data protection rights, please contact the Information Governance Team:
Information Governance
Redcar and Cleveland Borough Council
Redcar and Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
Email: InformationGovernance@redcar-cleveland.gov.uk
Telephone: 01642 774 774
You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.