How we use your information

For law enforcement purposes, Tonbridge and Malling Borough Council Counter Fraud Team may process personal data relating to or consisting of the following (known as ‘categories of personal data’):

  • personal details such as name, address and biographical details
  • family, lifestyle and social circumstances
  • education and training details
  • financial details
  • goods or services provided
  • racial or ethnic origin
  • membership of extremist political parties
  • religious or other beliefs of a similar nature
  • trade union membership
  • physical or mental health or condition
  • sexual orientation
  • offences (including alleged offences)
  • criminal proceedings, outcomes and sentences
  • sound and visual images including photographs and video
  • licenses or permits held
  • criminal intelligence
  • references to manual records or files
  • information relating to health and safety
  • complaint, incident and accident details

For general processing 'special category data’ is personal data that is regarded as particularly sensitive and includes information relating to:

  • race
  • ethic origin
  • political opinions
  • religious and philosophical beliefs
  • health
  • sex life
  • sexual orientation

For general processing Tonbridge and Malling Borough Council Counter Fraud Team will only process special category data where a condition in Article 9 of the GDPR is met.

Similarly, for law enforcement processing Tonbridge and Malling Borough Council Counter Fraud Team will only process personal data pertaining to your: racial or ethnic origin; political opinions; religious or philosophical beliefs; health (related); or sex life or sexual orientation, in certain circumstances. This type of processing is called ‘sensitive processing’. Tonbridge and Malling Borough Council Counter Fraud Team carry out sensitive processing where one of the following apply:

  • consent is given
  • for statutory purposes
  • the administration of justice
  • protecting an individual’s vital interests
  • safeguarding children and individuals at risk
  • if the information is already in the public domain
  • for legal claims
  • preventing fraud
  • archiving, historical or statistical purposes

Why we collect and use this information

Tonbridge and Malling Borough Council Counter Fraud Team processes personal data for law enforcement purposes including

  • for the prevention, investigation, detection or prosecution of financial crime and fraud committed against Tonbridge and Malling Borough Council
  • the execution of criminal and civil penalties

When Tonbridge and Malling Borough Council Counter Fraud team process your personal data for law enforcement purposes it could be because you are involved in an incident that has been reported to the Counter Fraud team. Perhaps as a witness or suspect. It could be because you are involved in a crime that is being investigated or are associated with intelligence that the Counter Fraud Team have gathered.

The lawful basis on which we use this information

We collect and use this information under a public task to protect public funds and for the prevention and detection of crime and fraud.

Collecting this information

The Counter Fraud Team may collect personal data from a wide variety of sources, other than directly from you, including the following:

  • other law enforcement organisations
  • HM Revenue and Customs
  • international law enforcement agencies and bodies
  • licensing authorities
  • legal representatives
  • prosecuting authorities
  • defence solicitors
  • courts
  • prisons
  • security companies
  • partner agencies involved in crime and disorder strategies
  • private sector organisations working with the police in anti-crime strategies
  • voluntary sector organisations
  • auditors
  • central government, governmental agencies and departments
  • emergency services
  • relatives, guardians or other persons associated with the individual
  • current, past or prospective employers of the individual
  • healthcare, social and welfare advisers or practitioners
  • education, training establishments and examining bodies
  • business associates and other professional advisors
  • employees and agents of Tonbridge and Malling Borough Council
  • suppliers, providers of goods or services
  • persons making an enquiry or complaint
  • financial organisations and advisors
  • credit reference agencies
  • survey and research organisations
  • trade, employer associations and professional bodies
  • local government
  • voluntary and charitable organisations
  • ombudsmen and regulatory authorities
  • the media
  • processors working on behalf of Tonbridge and Malling Council

Tonbridge and Malling Borough Council Counter Fraud Team collects personal data either from you or other sources, dependent on circumstances.

The following are examples of how Tonbridge and Malling Borough Council Counter Fraud Team may obtain personal data directly from you:

  • from conversations with you (in person or via telephone)
  • from written communications from you (for example letters, emails, social media)
  • from website interactions with you
  • from forms completed by you (for example job applications)

The following are examples of how Tonbridge and Malling Borough Council Counter Fraud Team may obtain personal data about you from other sources:

  • from conversations with other individuals (in person or via telephone)
  • from written communications from other individuals (for example letters, emails, social media)
  • from observation or monitoring
  • from body worn video
  • from cctv and audio systems
  • from forms completed by other individuals

Storing this information

We hold your data for up to six years after any investigation has ended or after any repayment of money owed to Tonbridge and Malling Borough Council.

Who we share this information with

We routinely share information with:

  • police
  • judicial agencies for example courts
  • other local authorities
  • DWP
  • employers
  • HMRC
  • government agencies
  • the Cabinet Office as part of the National Fraud Initiative

Why we share this information

We share data under the exemption provided for the prevention and detection of a criminal offence.

We share data with the Cabinet Office as we are required to by law for the purpose of assisting the prevention and detection of fraud.

Requesting access to your personal data

Under data protection legislation, you have the right to request access to information about them that we hold. To make a request for your personal information please contact Adrian Stanfield, the council’s Data Protection Officer at foi@tmbc.gov.uk.

You also have the right to:

  • object to processing of personal data that is likely to cause, or is causing, damage or distress
  • prevent processing for the purpose of direct marketing
  • object to decisions being taken by automated means
  • in certain circumstances, have personal data rectified, blocked, erased or destroyed
  • claim compensation for damages caused by a breach of the data protection regulations

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at Raising a concern.

Further information

If you would like further information about this privacy notice, please contact Adrian Stanfield, the Council’s Data Protection Officer at foi@tmbc.gov.uk.

The Council collects and uses personal information for a number of purposes across all of its departments and functions. To find out more about how the Council uses the personal information it collects, please refer to the Corporate privacy notice.

Updated: March 2022