Privacy Notice - Accident Reporting

Please read the following Privacy Notice carefully.

The purpose of this Privacy Notice is to explain how and for what purposes we process your personal data. It applies to personal data that is processed electronically and on paper.

Why we are collecting your data

Basildon Borough Council needs to collect personal data from any person (employee, public, contractor, visitor) on a Basildon Council site or involved with a Basildon Council activity so that the Council can identify accident trends and make improvements where possible. Some data is required to comply with legislation such as the Reporting or Injuries, Diseases and Dangerous Occurrences Regulations, however, some data is collated as best practice to use in insurance claims and in the pursuit of accident prevention.

Information collected

• Name, gender and Contact Details
• Signature
• Images
• Injury suffered and the location of that injury

The data identified above will always be used in identifying accident trends buy may also be used for investigation or insurance purposes. Data may need to be passed to insurance companies or Health and Safety Executive in certain cases.

The data is collected through:

• Accident forms, which are added to a database
• Investigation interviews

The basis for the processing

• Consent: the individual has given clear consent by completing the accident form for the Council to process their personal data for a specific purpose.
• Legal obligation: the processing is necessary for the Council to comply with the law (not including contractual obligations). Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.
• Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

Special Category Data

For Special Category Data:  Health data relative to the injury or illness is required.

• Obligations: Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
• Legal claims: Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity

Who your information will be shared with

• Internal services: Only the service managers that process the accident, insurance and H&S have access.
• The Council's insurance company if a claim is made and the Health and Safety Executive if required.
• We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.

We will never sell your data, however it will be shared with third parties to:

•  Comply with legal obligations and legislative requirements
• Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you
• To help if there is need of any professional or legal advice on a matter relating to you
• To help prevent fraud and/or tackle crime
• To improve and optimise the performance of our services

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

• Use your information for marketing or sales purposes without your prior explicit consent.
• Send or store your data abroad unless it meets the requirements of the Data Protection regulations
• Make decisions about you based on automated processing.
   

How long will we hold your data for?

• We will keep all records relating to accident for 6 years or until the injured person reaches the age of 21.
• Where hazardous substances are involved then the record may be kept up to 50 years.

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.
If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.
You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer
• Phone: 01268 533333
• Letter to:

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk (opens new window)
• Phone: 0303 123 1113 (local rate) or 01625 545 745
• Letter to:

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO) (opens new window).