Accident and Incident Reporting & Investigation privacy notice

When you have been involved in an accident or incident on, or within, South Ayrshire Council premises or in connection with South Ayrshire Council service delivery we have an obligation to record this to ensure compliance under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). We are also obliged to investigate the causes and circumstances relating to the incident. To this end we are required to gather some personal data or information.

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 this 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 collect the personal information we need to investigate the causes of the accident or incident and to determine whether it has to be reported to the Health and Safety Executive or the Council's Insurers.

We are likely to need the following personal data from you:

• Name
• Date of birth
• Address
• Landline telephone number
• Mobile telephone number
• Email address.
• Employee number (if applicable)
• Training information

We may need further personal data if an injury or ill-health has been sustained:

• Health conditions
• Medical reports / health records
• Information relating to commission or alleged commission of offences

How will we use your information?

We will log and keep your personal data on our Health and Safety Database and pass to the Health and Safety Executive or Council's Insurers if the circumstances fall within the scope of RIDDOR or our contractual insurance responsibilities.

All personal data held in connection with accidents or incidents is processed only by South Ayrshire Council Risk and Safety staff. We will only collect the personal data we need in order to fully consider the causes or implications of accidents and incidents.

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

Processing is necessary under the terms of the GDPR to comply with the Health and Safety at Work (etc) Act and supporting Regulations namely to record, report and investigate accidents and incidents and is therefore required:

• Performance of a task carried out in the public interest or in the exercise of official authority vested in the Council

Special category data and criminal convictions

For some activities, we also need to process more sensitive personal information about you known as special category data, for example health information and criminal convictions data. The processing of this information is necessary for reasons of substantial public interest as set out in the Data Protection Act 2018. It is necessary for us to process this more sensitive to carry out key functions as set out in law

It may also be necessary to process special category or conviction data  in the exercise or defence of legal claims.

Who will we share your information with?

If required, we may share your information with:

• the Health and Safety Executive and/or
• South Ayrshire Council appointed Insurers and Claims Handlers.

In addition, the Council has a duty to protect public funds and to this end, we may check the information you have given with other information we hold and share your information with other Council services, and with other Local Authorities, for the purpose of protecting public funds and to prevent or detect fraud or crime.

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.

How long do we keep hold of your information?

For adults we will retain accident and incident reporting records for the current year plus five years from the final incident entry and for children we will retain these records until the child's 25^th birthday.

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..

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 remain dissatisfied after contacting us, you have the right to complain to the Information Commissioner (https://ico.org.uk/for-the-public/):

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

Email: Scotland@ico.org.uk

Telephone: 0303 123 1115