Brighton & Hove City Council is committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law

The primary laws which govern how Brighton & Hove City Council collects and use personal information (known as “Data”) about you are:

However Brighton and Hove Children’s Services is also subject to specific other laws which define when and for what purposes it can use your personal data.

Why we’re collecting your data

  • We are collecting your data for the purpose of safeguarding children. 

What is the Lawful Basis for collecting your Data

  • We have a lawful basis for processing for the reason of legal obligation, under the Children Act 1989 & 2004, the Children and Young Persons Act 2008 and Article 8 of the Human Rights Act 1998.
  • We also have the lawful basis of performance of a task carried out in the public interest (Data Protection Act 2018 schedule 3, part 3, para 8; Working Together to Safeguard Children statutory guidance July 2018)
  • We have a lawful basis for processing special category data under the lawful basis of Substantial Public Interest (DPA 2018 schedule 1, part 1, para 2 (e), part 2, para 6 and 18)

The data we may collect

We may collect Personal data or Special Category Data 

The type of personal information collected from you is as follows:

Personal Data 

  • Contact details; including name, address, email address, telephone number, etc.
  • Date of birth
  • Proof of identity
  • National identifiers such as; NI numbers
  • Information about your family
  • Social and personal circumstances
  • Financial details for purposes of receiving or making payments
  • Visual images, personal appearance and behaviour

Special Category Data (Remove any classes of data you do not process from the list below.  Add any additional classes you do process which are not listed)

We may also collect Special Category of personal data that may include:

  • Physical or mental health details
  • Racial or ethnic origin
  • Gender and sexual orientation
  • Offences (including alleged offences)
  • Religious
  • Criminal proceedings, outcomes and sentences
  • Genetic Data

Who we'll share your data with

  • Your data may be shared with relevant professionals within the Council or with associated organisations or service providers such as education or health. 
  • The council operates shared services with Surrey County Council and East Sussex County Council, and may share your information with one of these partners if necessary to provide these services

Holding your personal information

We will hold your data according to the Retention Schedule for the Families, Children and Learning Directorate.  

How your data will be stored

Your information will be stored electronic databases, document management systems and on paper records. 

Who can access your data

We will only make your information available to those who have a need to know in order to perform their Council role.

How do we protect your data

Examples of the security measures we used are:

  • Training for our staff making them aware of how to handle information securely and how and when to report when something goes wrong 
  • We use Encryption when data is being sent, meaning that information is scrambled so that it cannot be read without access to an unlock key. The hidden information is said to then be ‘encrypted’.
  • Where possible, data will be pseudonymised, meaning that your identity will be removed, so that work can be done without your identity being known by the people doing that work. 

Controlling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it. 

Regular testing of our technology and ways of working including keeping up to date on the latest security updates (commonly called patches).

Transferring Data outside the European Economic Area

Your information is not processed outside of the European Economic Area. 

Your Individual Rights 

You have the following rights in relation to your personal information: 

  • The right to be informed – you have right to know about the collection and use of your personal data. We will inform you through our service-specific notices
  • The right of access – you can request to know what we hold on you along with an explanation for how it is used by making a “Subject Access Request”
  • The right to rectification – you have the right to ask us to update, amend or change your information if it is factually inaccurate or incomplete
  • The right to restrict processing – you have the right to request that we limit using your personal data  for specific purposes if you do not believe we have a lawful basis for a particular purpose or where you consider the data to be incorrect.  Upon receiving a restriction request, we are obliged to consider our use of the data and provide you with a response.
  • Automated decision making and profiling - we will tell you if we make an automated decision, including profiling, with your personal information. If we do this you have the right to ask us to make this decision manually instead.
  • At present, the Council only uses automated decision processes to identify first round offers of school placements.  These offers are subject to appeal and you have the right to seek a review of your school placement offer by a council officer.

How to get advice or make a complaint

Data protection contacts

If you wish to discuss any of your data protection rights, you can contact the Data Protection Team on 01273 295959 or by email at data.protection@brighton-hove.gov.uk

Contact the council's Data Protection Officer 

Whilst we would prefer that you contact us first with any concerns that you might have, you can also contact the Information Commissioner’s Office. The ICO is the national regulator with responsibility for ensuring compliance with data protection.

Information Commissioner’s Office

You also have the right to lodge a complaint with a supervisory authority. Contact details for the ICO is stated below:

You can contact the ICO:

  • on their website
  • by telephone: 0303 123 1113
  • by post: Wycliffe House, Water Ln, Wilmslow SK9 5AF

This Privacy Notice will be subject to review when there is a change.