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Why we use your personal information

27 November 2018

What is personal information?

Personal information is anything that identifies and relates to a living person. This can include information that when put together with other information can identify a person. For example, this could be your name and contact details.

Some of your personal information might be known as special category information

Some information is more sensitive and therefore needs more protection. It’s often information you would not want widely known and is very personal to you. This is likely to include anything that can reveal your:

  • criminal history
  • ethnicity
  • genetic or biometric data
  • physical or mental health
  • political opinion
  • religious or philosophical beliefs
  • sexuality 
  • sexual health
  • trade union membership

Why do we need your personal information?

We may need to use some information about you to:

  • deliver services and support to you
  • manage those services we provide to you
  • train and manage the employment of our workers who deliver those services
  • help investigate any worries or complaints you have about your services
  • keep track of spending on services
  • check the quality of services
  • to help with research and planning of new services
  • prevent and detect crime and fraud

We only use what we need

We only collect and use personal information if we need it to deliver a service or meet a requirement.

If we don’t need personal information we’ll either keep the information anonymous if we already have it for something else or we won’t ask you for it. For example in a survey we may not need your contact details.

If we use your personal information for research and analysis, we’ll always keep your information anonymous or use a different name unless you’ve agreed that your personal information can be used for that research.
 
We will not sell your personal information to anyone else. 

How the law allows us to use your personal information

There are a number of legal reasons why we are allowed to collect and use your personal information. The reason why we are allowed to use the information is different for different council services.

The reasons we may use your personal information are set out below. You can also see the rights you have when we use your personal information.

Article 6 / Schedule – Personal Information

Legal basis and applicable subject rightsInformAccessRectifyEraseRestrictObjectAutomated Decisions / ProfilingPortability
ConsentYesYesYesYesYesYesYesYes
ContractYesYesYesYesYesNoYesYes
Vital InterestsYesYesYesNoYesNoNoNo
Legal ObligationYesYesYesNoYesNoYesNo
Public TaskYesYesYesNoYesYesYesNo
Legitimate InterestsYesYesYesYesYesYesYesNo

 

Article 9 / Schedule Special category (Sensitive) Personal Information

Legal basis and applicable subject rightsInformAccessRectifyEraseRestrictObjectAutomated Decisions / ProfilingPortability
Explicit ConsentYesYesYesYesYesYesYesYes
Employment, Social Security/Social ProtectionYesYesYesYesYesNoYesNo
Vital InterestsYesYesYesNoYesNoNoNo
Not for ProfitYesYesYesYesYesYesYesNo
Public DomainYesYesYesYesYesYesYesYes
Legal Defence/ClaimsYesYesYesNoYesNoYesNo
Substantial Public InterestYesYesYesNoYesNoNoNo
Health and Social CareYesYesYesNoYesNoYesNo
Public Interest in Public HealthYesYesYesNoYesNoYesNo
Scientific/historical Research, Statistics or Public ArchivingYesYesNoNoYesYesYesNo
Additional considerations
None
None
None
Will always apply to direct marketingNone
Will always apply to direct marketingWhere it places a legal effect on an individualOnly where use of data is solely by automated means

Legal condition explanations 

More detail on when each legal basis may apply, please see the below.

Personal Information:

  • You, or your legal representative, have given consent for us to use your personal information.  If you have agreed (given your consent) to us to use your personal information, you have the right to ask us to stop using it at any time. If you wish to withdraw your consent, please contact DPO@essex.gov.uk and tell us which service you’re using so we can deal with your request.
  • We need the information because you have entered into a contract with us
  • We need to have the information to perform our legal obligations
  • We need to have the information to protect someone in an emergency (Vital Interests)
  • We are required by law to do something and we need information about you in order to do this (Public Task)
  • Is necessary for us to have the information to conduct our legitimate business for non-statutory services (Legitimate Interests)

Special (Sensitive) Personal Information:

  • It is necessary for employment purposes (Employment and Social Security)
  • It is necessary to have the information in order to deliver health or social care services
  • You have made your information publicly available (In the Public Domain)
  • It is necessary to have your information to defend or make legal claims
  • It is to the benefit of society as a whole (Substantial Public Interest)
  • It is necessary to protect public health in the public interest
  • It is necessary for archiving, research, or statistical purposes