These privacy notices set out how we process your personal information within the Legal Services team for the following activities:

What information do we need?

Should you make a claim against the Council, we will need to hold certain information about you in order to process and investigate the claim. We will hold information such as your name, contact details, National Insurance Number, date of birth and any information which is relevant to the claim, such information about your health, personal life and possibly details of other individuals i.e. witnesses.

Why we need it?

We need to hold this information so that the Council can fully investigate your claim and make a decision as to whether the Council is liable for any compensation.
Our lawful basis for processing your personal data is that this is necessary for the purposes of the Council’s legitimate interests in considering and defending its position as well as the legitimate interests pursued by individuals making a claim against the authority.

Our lawful basis for processing any special category data, i.e. information relating to health, racial or ethnic origin or sex life is that this is necessary for the establishment, exercise or defence of legal claims.

Do we share your information?

We do not trade personal data for any commercial purpose, however we may share your personal information with the following organisations:

  • Department for Work and Pensions (DWP)
  • NHS organisations (hospital / GP surgeries)
  • Our insurance representatives
  • External solicitors working on the Council’s behalf
  • Central Government as part of the National Fraud Initiative
  • Torbay Development Agency (TDA)
  • SWISCo
  • Tor Vista

Outside of the above we will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

Once a claim is concluded we will keep your personal data for 7 years, after which paper files are securely destroyed and personally identifiable data will be removed from electronic information.

For claims involving persons under the age of 18, we will hold information until that person becomes 25.