Regulatory Services (Licensing) privacy notice

As the 'data controller' for the personal information - or data - we hold about you, South Ayrshire Council decides how your personal information is used/processed, and what it is used for.

This statement provides more details about how Licensing services uses your personal data and provides information on how to get in touch with us if you need to know more.

Your personal data - what is it?

Personal data is information relating to a living person who can be identified from that data. Identification can be based on the information alone, or in conjunction with any other information. The processing of personal data is governed by the General Data Protection Regulation 2016 (GDPR) and supplemented by the Data Protection Act 2018.

What Personal Data will we collect from you?

We will only collect the personal information we need to provide you with relevant information, services and support. The personal data we will collect may include:

• Name
• Date and place of birth
• Address
• Land line telephone number
• Mobile telephone number
• Email
• Gender
• Disability
• Health conditions
• National Insurance number
• Criminal convictions
• Driving licence information
• Passport number

How will we use your information?

The information will be used to process your licence application.

What is the legal basis for using/sharing your information?

Processing is necessary for the performance of a task carried out in the public interest to enable us to process your licence application and (for taxi and private hire drivers) your right to work in the United Kingdom.

For some activities, we also need to process more sensitive personal information including criminal convictions for reasons of substantial public interest to ensure your fitness to hold a licence.

Who will we share your information with?

• Police Scotland
• Immigration Service
• Department of Works and Pensions

The Council is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

How long do we keep hold of your information?

We keep your data for 5 years from the date of expiry of the licence or refusal of the licence.

What are your rights?

The lawful basis for processing/using your personal data directly impacts which rights are available to you. For example, some rights will not apply, in this case we are not required to:

• erase your personal information.
• enable the right to data portability

However, you do have the following rights and can ask us to:

• correct your personal information if it is inaccurate;
• complete your personal information if it is incomplete;
• restrict the processing of your personal information in certain circumstances

You also have the right to object to the processing of your personal information.

What are the consequences of failing to provide personal information?  

Where the provision of your information to the Council is a statutory or contractual requirement, or a requirement necessary to enter into a contract, you are obliged to provide the information.

If the required information is not given the licence application cannot be processed.

Do you require this statement in a different format?

Please contact us if you require this information in an alternative format.

How can you get in touch with us?

If you wish to obtain any records held by the Council relating to you, or if you have any general data protection queries, please contact the Council's Data Protection Service at:

Data Protection Officer
South Ayrshire Council
County Buildings
Wellington Square
Ayr
KA7 1DR

Email: DataProtection@south-ayrshire.gov.uk
Telephone: 01292 612 223

If you have a complaint

If you are unhappy with the way the Council has dealt with your personal information, you can complain to the Data Protection Officer using the contact details noted above. If you remain dissatisfied, you have the right to complain to the Information Commissioner:

Information Commissioner's Office
45 Melville Street
Edinburgh
EH3 7HL

Email: scotland@ico.org.uk
Telephone: 0303 123 1113