PN153 - Passenger Transport Privacy Notice
Torfaen County Borough Council is committed to protecting your privacy when you use our services. This Privacy Notice is designed to give you information about the data we hold about you, how we use it, your rights in relation to it and the safeguards in place to protect it.
TCBC Service Area: Economy & Environment
Work area: Integrated Transport Unit
Contact Details: itu@torfaen.gov.uk
Privacy Notice Name: Passenger Transport
Data Controller: Torfaen County Borough Council, c/o Civic Centre, Pontypool, NP4 6YB
If you wish to raise a concern about the handling of your personal data, please contact the Data Protection Officer on 01495 762200 or email dpa@torfaen.gov.uk
This notice is provided for clarification on what information the Council needs in order to process Home to School Transport applications/Social Care transport contracts. It is necessary for the Council to gather, collect, store and process personal information relating to claimants. The Council puts measures in place to protect the privacy of individuals throughout this process.
Who provides your data to the Council?
The personal information we process is provided to us directly by you in order to process Home to School Transport applications and authorise staff for use on transport contracts.
AND
We receive personal information indirectly from Schools, ALN (Additional Learning Needs), Education, Further Education (colleges), Operators and Social Services Department.
How does the Council collect this information?
- We obtain some of this personal information directly from you, for example school admission systems or ALN Department. Information will also be taken from the transport/staff application form or via email where records are updated
- For drivers and passenger assistants, this information is obtained during the Disclosure and Barring Service procedure before being cleared to undertake transportation services for the Council
- We may also obtain information from schools, colleges and community care establishments, and from the Council’s Business Support Unit
- Taxi Licencing (TCBC licensed drivers only)
What information does the Council collect about you?
The Integrated Transport Unit collects:
- Contact details including name, address, telephone number and email address.
- For drivers and passenger assistants, the details also include Disclosure and Barring Service (DBS) certificate number.
- Identifying details such as date of birth.
- Other information in relation to any special needs of those service users, including children, being carried to enable provision of a safe and suitable transport.
- School, college or community care establishment to which transport is provided.
- Passport photo where required.
Some transport vehicles have CCTV installed, please note that this operated and processed by the transport operator.
Why does the Council process your personal data?
Under Article 6 of the UK General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is:
- (e) We need it to perform a public task.
This information is required by the Council in order to carry out its duties under:
- The Education (Miscellaneous Provisions) Act 1996
- The Transport Act 1985
- The Learner Travel (Wales) Measure 2008
- The Learner Travel Information (Wales) Regulation 2009
- The Safety on Learner Transport (Wales) Measure 2011
- The Learner Travel Statutory Provision & Operational Guidance 2014
- The Travel Behaviour Code Statutory Guidance 2009
- Special Educational Needs Code of Practice 2002
- SEN and Disability Act 2001
Special categories of personal data
We collect the following special category data:
- personal data revealing religious or philosophical beliefs
- data concerning health
We collect this under Article 9 of the UK GDPR.
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Where we collect criminal data, this is processed within the Council under Article 10 of the UK GDPR. For drivers and passenger assistants, this information is obtained during the Disclosure and Barring Service procedure before being cleared to undertake transportation services for the Council.
Who has access to your data?
Your data is shared internally only with the appropriate staff where it is necessary for the performance of their roles.
Your data may also be shared externally with organisations to enable the Council to process your request and comply with our legal obligations, we will share your information with partner organisations, these may include, but not be limited to:
- Education Department
- Safeguarding Department
- Business Support Unit
- Taxi and Bus Companies undertaking Home to School/Social Care contracts
- Schools
Apart from where previously stated, we do not pass your details to third parties unless we are lawfully required do so.
Is the Data transferred out of the UK?
No
How does the Council keep your data secure?
The Council has internal policies in place to ensure the data it processes is not lost, accidentally destroyed, misused or disclosed. Access to this data is restricted in accordance with the Council’s internal policies and in compliance with the UK GDPR.
Data will be stored securely in:
Where the Council engages third parties to process personal data on its behalf, they do so on the basis of written instructions. These third parties are also under a duty of confidentiality and are obliged to implement appropriate measures to ensure the security of data.
How long does the Council keep your data?
The Council will hold your personal data only for the period that is necessary and will follow organisational and Local Authority standards in this area. At the end of the retention period the Council will securely destroy or dispose of the data in line with retention schedules.
Are we making automated decisions/profiling with your data?
No
Your rights
You have a number of Rights you can exercise:
- Access - to obtain a copy of your data on request
- Rectification – to require the Council to change incorrect or incomplete data
- Object, Restrict or Delete - under certain circumstances you can require the Council to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
- Data portability – to receive and/or transmit data provided to the Council to other organisations (this applies in limited circumstances)
- Withdraw your consent at any time (where consent has been given)
- To know the consequences of failing to provide data to the Council
- To know the existence of any Automated Decision-making, including profiling, and the consequences of this for you.
- To lodge a complaint with a supervisory authority (Information Commissioners Office)
If you would like to exercise any of these rights, please contact: Damien Weeks, Economy & Environment ,Ty Blaen Torfaen, Panteg Way, New Inn, Pontypool NP4 0LS, itu@torfaen.gov.uk
The Information Commissioner can be contacted at: The Information Commissioner’s Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH. Telephone 0330 414 6421 or e-mail wales@ico.org.uk.
Last Modified: 09/11/2023
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