This privacy notice explains:
- how personal data is going to be used
- what it is used for
- who it might be shared with and why
- how long it is kept.
Personal and special category data
The types of personal data we hold may include:
- vehicle details collected by the Civil Enforcement Officer
- photographic images taken of the vehicle parking in contravention of the parking regulations
- your name and address, which is obtained from the DVLA if the Penalty Charge Notice (PCN) has not been paid within 28 days from the date of service of the PCN; for postal PCN your information is obtained from the DVLA within two days from the date of the PCN being issued.
- your contact details collected from correspondence you have submitted either via the council's website or via the appeals email or from an application for a permit or parking bay request
- details regarding the medical information to consider this aspect as part of the appeals process, where grounds relating to health are relied upon when appealing against a PCN.
For details on how the council uses your data when payments are made for Penalty Charge Notices, please refer to the relevant borough or district council's website. The council does not hold any credit or debit card details.
West Sussex County Council (WSCC) complies with the Data Protection Act and the General Data Protection Regulation (GDPR). It is registered as a ‘Data Controller’ with the Information Commissioner’s Office (Reg. No. Z6413427).
In relation to Civil Parking Enforcement the powers have been delegated to the local boroughs and district councils to administer the parking schemes.
The data processors of your personal data working on behalf of West Sussex County Council are:
- Adur & Worthing Councils
- Arun District Council
- Chichester District Council
- Crawley Borough Council
- Horsham District Council
- Mid Sussex District Council.
Visit their website for the data processors privacy notice.
The legal basis for processing personal data
We are relying on GDPR Articles 6(1) (b), (c) and (e) processing, which is necessary in the exercise of official authority in the data controller, namely the Traffic Management and Civil Parking Enforcement legislation:
- The Traffic Management Act 2004.
- The Civil Enforcement of Parking Contraventions (England) General Regulations 2007.
- The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.
- The Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.
- The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007.
- The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2008.
- The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2008.
- The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009.
- The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2015.
- The Civil Enforcement of Parking Contraventions (England) General (Amendment No.2) Regulations 2015.
- Operational and Statutory Guidance, Tribunals and Courts Enforcement Act, Civil Procedure Rules.
- Relevant District (Parking Places and Traffic Regulation) Consolidation Orders.
Where special category data is provided and processed, the relevant legal basis we are relying on is GDPR Article 9(2) (f), as processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
How we use your personal information
The information you provide helps us to:
- administer Civil Parking Enforcement, the processing of Penalty Charge Notices (PCN) and appeals, on/off-street parking and permit administration.
- process PCNs and all matters in relation to Civil Parking Enforcement. All processes are carried out in line with traffic management/parking related legislation and using secure systems. The information you provide will only be used for the parking related purposes for which it was obtained.
- process your appeal or to process your permit application.
Your personal data may be converted (‘anonymised’) into statistical or aggregated data in such a way as to ensure that you are not identified or identified from it.
Aggregated data can’t, by definition, be linked back to you as an individual. This data might be used to conduct research and analysis, including to prepare statistical research and reports.
We ensure that your personal data is processed fairly and lawfully, accurate, kept secure and retained for no longer than is necessary.
Who we share your information with
We may share personal data with other organisations in the following circumstances:
- for law enforcement
- regulation and licensing
- criminal prosecutions
- court proceedings
- for the purposes of prevention and detection of fraud - Partner agencies and other local authorities within West Sussex involved directly in parking management and the Police
- dealing with appeals against a PCN - the Traffic Penalty Tribunal, The Traffic Enforcement Centre, The Courts and enforcement agents and agents providing services to the borough and district council in carrying out its role in pursuing unpaid PCNs
- if we need to share personal data in order to establish, exercise or defend our legal rights (this includes providing personal data to others for the purposes of the prevention and detection of fraud).