Insurance Services Employee Privacy Notice

When you or your agents intimate a claim or you report a motor accident in connection with Council business to South Ayrshire Council, you will be providing us with some personal data or information.

Information on the process for reporting motor accidents in connection with undertaking Council business is detailed in the Council's Fleet, Travel and Transport Policy and associated Drivers, Supervisors and Management Handbook. These documents should be fully read. These documents can be found here https://thecore.south-ayrshire.gov.uk/article/27839/Fleet-Travel-and-Transport-Policy-and-associated-Drivers-Supervisors-and-Management-Handbook. If you do not have access to the Internet a copy of these documents can be obtained by contacting your line manager.

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 UK General Data Protection Regulation (UK 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 process and handle your claim or motor accident report to allow decisions to be made on your claim/accident outcome. To do this, we may need the following personal data from you:

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

Name
Date of birth
Address
Landline telephone number
Mobile telephone number
Email address.
National Insurance Number
Vehicle Information (if applicable)
Driving Licence Information (if applicable)
Employee number (if applicable)
Training information
Third party information of passenger/potential witnesses
wage / salary information (if financial loss incurred) - e.g. copies of wage slips

We may need further special category (sensitive) personal data if an injury or ill-health has been sustained:

health conditions/ Disability (if applicable)
medical reports / health records
Health Declaration Information (if applicable)

Or on occasions criminal convictions:

Previous Driving Convictions / Offences (if applicable)

How will we use your information?

We will log and keep your personal data on our Insurance Database and will pass it to our Liability, Motor Insurers or Claims Handlers to enable the claim/accident investigation to be progressed.

All personal data is processed by South Ayrshire Council's Risk and Safety staff and South Ayrshire Council's appointed Insurers and Claims Handlers. We will only collect the personal data we need in order to fully consider your claim/accident report. We will use your personal data to contact you, process your claim/accident investigation; and for the Council's Insurer's to advise you of the outcome of your claim.

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 or in the exercise of official authority vested in the data controller, as per Article 6(1) (e) of the UK GDPR, under the terms of the UK GDPR and the task or function has a clear basis in law. The primary legislation underpinning the work of the Insurance Service is the Insurance Act 2015.

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.

Who will we share your information with?

We will share your information with:

Relevant South Ayrshire Council Services, including Fleet Management Service, Human Resources, Payroll, Occupational Health and your Service area (where appropriate)
South Ayrshire Council appointed Insurers and Claims Handlers and third-party organisations supporting our insurers and claims handlers

Details of how the Council's Insurers will share your personal data can be found in their Privacy Policies here https://protectorinsurance.co.uk/privacy-policy/ and here https://www.gallagherbassett.co.uk/privacy-policy/. If you do not have access to the Internet a copy of this data can be obtained by contacting insurance@south-ayrshire.gov.uk.

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, share your information with other Council services and share your information with other Local Authorities, for the purpose of protecting public funds and to prevent or detect fraud or crime.

How long do we keep hold of your information?

We will retain claims records for the current year plus five further years from the time all claims/motor accident obligations and entitlements have been concluded, except where the claim relates to an individual under 16 years of age, where we hold these records from their 16^th birthday for a period of five years.

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. Failing to provide personal data will mean we are unable to meet our legal obligations in processing claims/motor accident investigations.

What about Automated Decision-Making?

The Council does not use profiling or automated decision-making. Some processes are semi-automated (such as data matching for the prevention or detection of fraud), but an actual person will always be involved before any decision is reached affecting any individual.

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

Are you dissatisfied with the way your Personal Information has been handled?

If you are unhappy with the way we have dealt with your personal information, you can complain to the Council's Data Protection Officer using the contact details noted above.

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