Dropped kerb applications privacy notice
We keep this privacy notice under regular review and it was last updated on 30 May 2022.
Kent County Council respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Who we are
Kent County Council collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (‘UK GDPR’) and the Data Protection Act 2018. We are responsible as ‘controller’ of that personal information. Kent County Council’s Vehicle crossings team are responsible for dropped kerb new applications process. Our Data Protection Officer is Benjamin Watts.
The personal information we collect and use
Information collected by us
As part of applying for a dropped kerb via an online application form we collect the following personal information when you provide it to us:
- Name and contact details of applicant – i.e. name, address, phone number, mobile number, email address and postcode.
- Name of contractor
- Name and address of freeholder (if different from applicant)
- Address where the dropped kerb is to be installed
- Photograph(s), pictures or drawings showing proposed location of the dropped kerb marked clearly
- Copy of permission from landowner to construct the dropped kerb
- Correspondence from the District Council regarding the dropped kerb planning application
- Financial information to make a payment for the service to be provided. Payments can be made through GOV.UK Pay.
How we use your personal information
We use your personal data to:
- Help you apply for a dropped kerb application and provide you with a service.
- To arrange the payment of a dropped kerb application.
- Contact you to inform you regarding the outcome of your dropped kerb application and as part of any review of the decision by Kent County Council.
- Contact you regarding an enquiry or complaint with regards to your dropped kerb application.
- Inform District Councils regarding the impact of the dropped kerb installation on any local planning applications
- Investigate any historic dropped kerb applications dating back to 2008, to establish if KCC issued an approval for an existing dropped kerb. For those installed prior to this date, we will also search our maintenance records and confirm whether KCC supports the continued use of historic dropped kerb for the purpose of crossing the public highway.
- Share with 3rd party providers to remove a dropped kerb if any of Kent County Council’s approval conditions are breached following installation of the dropped kerb.
- We will not disclose your personal information for the purposes of confirming the legitimacy of a crossing to third parties.
How long your personal data will be kept
We will keep your contact details (name, address, email address, tel nos) on our customer enquiry database and retain them for up to 6 years. After 6 years, your contact details will be automatically deleted from our customer enquiry database.
Your completed dropped kerb application form (along with any documents relating to your dropped kerb application such as photos, emails, plans and decisions) will be held indefinitely. This allows us to reply to an enquiry from you with regards to the original documentation, review your declined application, and to issue Deeds of Covenant, should you sell a property and request this from us. This also allows us to remove your dropped kerb; in the event there is a breach in the conditions, following the approval of your application.
Reasons we can collect and use your personal information
The provision of personal information is required from you to enable us to provide you with a service in relation to applying for a dropped kerb application.
If you do not provide your personal information, we will be unable to process your application for a dropped kerb or contact you.
We rely on processing is ‘necessary for the performance of a public task in the public interest’ and in order to ‘comply with a legal obligation to which (Kent County Council) is subject’ (i.e. Highways Act 1980) being the lawful basis on which we collect and use your personal information.
We rely on:
- Article 6(1)(e) - necessary for the performance of a public task in the public interest.
- Article 6(1)(c) – comply with a legal obligation to which (Kent County Council) is subject i.e. Highways Act 1980 under section 184 – for example, ‘There is no right to drive across any public footway to access a private forecourt or driveway unless there is a properly built dropped kerb’
The provision of personal information is required from you to enable us to process your vehicle crossing application and provide a service to you.
Who we share your personal information with
We routinely share your information with;
- Relevant teams within the council in relation to the application and installation of the dropped kerb
- Commissioned providers of local authority services (for example, Agilisys customer contact centre services, Gov Pay financial services and Granicus for the online application form).
- District councils regarding the impact of the dropped kerb installation on any local planning applications
This data sharing enables us to manage the ongoing use of the dropped kerb installed on the public footway.
The online application process is administrated using an online form provided by a third party (Granicus). The data you provide in your application is transferred to, stored on, and processed on servers located outside of the UK to countries in the EU. This is based on an adequacy decision authorised by Part 3, Schedule 21 to the Data Protection Act 2018 (as amended).
We may also share your personal data with other third-party providers such as solicitors (Invicta Law) and companies who will remove a dropped kerb if any of Kent County Council’s approval conditions are breached following installation of the dropped kerb. We have a data sharing agreement in place with solicitors and 3rd party providers and a record of processing is kept for this sharing.
We will share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings. We will share personal information with our legal and professional advisers in the event of a dispute, complaint, or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, exercise, or defence of legal claims or whenever courts are acting in their judicial capacity.
Under the UK GDPR you have a number of rights which you can access free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you
- ask us to correct any mistakes in the information we hold about you
- object to direct marketing
- make a complaint to the Information Commissioner’s Office.
Depending on our reason for using your information you may also be entitled to:
- object to how we are using your information
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation
- object to decisions being made that significantly affect you
- stop us using your information in certain ways.
We will always seek to comply with your request. However, we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the United Kingdom General Data Protection Regulation.
If you would like to exercise a right, please contact the Information Resilience and Transparency Team at firstname.lastname@example.org.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to contact
Please contact the Information Resilience and Transparency Team at email@example.com to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, Benjamin Watts, at firstname.lastname@example.org.