Traffic Regulation Orders Consultations privacy notice
We keep this privacy notice under regular review and was last updated on 7 February 2022.
Powys County Council respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Who we are
Powys County Council collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation and the Data Protection Act 2018. We are responsible as 'controller' of that personal information. Powys County Council Highways, Transportation and Recycling Department are responsible for Traffic Regulation Orders. A traffic regulation order (TRO) is a legal document that helps manage traffic flow through measures such as speed limits, banned manoeuvres, one-way streets and parking restrictions.
Each TRO is advertised and consulted on over 21 days. Anyone can object to, or support, any of the proposed traffic orders before a final decision is made. TRO's also allow for enforcement of the restrictions that are in place by the police or the local authority.
The personal information we collect and use
Information collected by us
In the course of responding to Traffic Regulation Orders (TRO) consultations published by Powys County Council by yourself as a paper copy or electronic response we collect the following personal information when you provide it to us:
· your contact details (e.g. name, address, postcode, email address)
· feedback on the consultation
We will follow our Data Protection policies to keep your information secure and confidential.
How we use your personal information
We will use your personal information to contact you if you object to the Traffic Regulation Order proposal, to answer any questions you might have, or to provide you with information of the outcome of the consultation.
How long your personal data will be kept
We will hold your personal information securely and retain this for up to 2 years in line with our Traffic Regulation Order consultation process.
Upon receipt of your paper copy response to the Traffic Regulation Order consultation, we will scan your letter and save it to a secure location. The paper copy will be kept securely for up to 3 months before being appropriately destroyed.
Reasons we can collect and use your personal information
We rely on UK GDPR Article 6(1)(e) processing as 'necessary for the performance of a public task in the public interest' and Article 6(1)(c) that processing is 'necessary for compliance with a legal obligation to which the controller is subject', as the lawful basis on which we collect and use your personal information.
We do not seek any special category information, but if you do provide sensitive personal information in your response (for example information about your health or disability) then we will rely on the following exception in Article 9(2)(g) 'processing is necessary for substantial public interest' (statutory purposes).
The provision of contact details, including name, address or email address is required from you to enable us to respond to your feedback on consultations. The Council is required to collect personal information in line with requirements under the statutory process The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.
Who we share your personal information with
We may share your personal information and consultation response comments with those listed below who may need to help us respond to your feedback. In some cases that may include your name and contact details.
We may share your personal data with:
· Council staff within the Highways, Transport and recycling department who are responsible for carrying out analysis of responses.
· Local Elected County Councillor who represents the ward the TRO proposal resides within. Within a town we may also share this information with other ward members for that town.
All personal information will be removed and an anonymised consultation feedback report regarding the proposed scheme will then be shared with developers and consultants that are responsible for the scheme, along with the Council Cabinet Committee or Portfolio Holder. This allows them the opportunity to modify the scheme if necessary, following the consultation process.
We will share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings.
We will share personal information with our legal and professional advisers in the event of a dispute, complaint or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
Your rights
Under UK GDPR you have rights which you can exercise free of charge which allow you to:
· know what we are doing with your information and why we are doing it
· ask to see what information we hold about you (subject access request)
· ask us to correct any mistakes in the information we hold about you
· object to direct marketing
· make a complaint to the Information Commissioners Office
Depending on our reason for using your information you may also be entitled to:
· ask us to delete information we hold about you
· have your information transferred electronically to yourself or to another organisation
· object to decisions being made that significantly affect you
· object to how we are using your information
· stop us using your information in certain ways
For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office on individuals' rights under GDPR.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Who to contact
Please contact the Information Compliance Team at information.compliance@powys.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.
You can contact our Data Protection Officer, at information.compliance@powys.gov.uk or write to: Data Protection Officer, Powys County Council, County Hall, Llandrindod Wells, LD1 5LG.
The UK GDPR also gives you right to lodge a complaint with the Information Commissioner who may be contacted on 03031 231113.
Read our corporate privacy statement.