How we use your information

Data relating to the deceased is not classified as personal data under data protection legislation. However, data that relates to any living identified or identifiable individual, such as a next of kin, is classified as personal data under the Data Protection Act 2018.

The categories of information that we collect, process, hold and share include:

  • personal information for deceased and other parties (such as name, address, contact information, National Insurance number, financial information and bank account details)
  • characteristics (such as ethnicity, language, medical history)
  • medical information about the deceased
  • income information about the deceased and other parties (such as benefits and earned income)
  • financial transaction details for the deceased (such as credit or debit card payments)
  • photographs

Why we collect and use this information

We use your data to:

  • enable us to carry out specific functions for which we are responsible
  • derive statistics which inform decisions such as resourcing requirements
  • publish information on our website about public health funerals that we have arranged in the last three years

The lawful basis on which we use this information

We collect and use this information to discharge our duties under the Public Health (Control of Disease) Act 1984.

Collecting this information

Whilst the majority of the information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the data protection legislation, we will inform you whether you are required to provide certain information to us or if you have a choice in this.

Storing this information

We store this information for 10 years from the closure date of the case.

Who we share this information with

We routinely share information with:

  • internal departments (such as council tax)
  • the deceased persons landlord (such as private sector landlords, housing associations and care homes)
  • Kent County Council registrar
  • Kent and Medway Coroners’ Office
  • funeral directors
  • person or solicitors dealing with the estate of the deceased
  • social services departments
  • treasury solicitor

Why we share this information

We inform our council tax department of the death of the resident to make any necessary changes to their records.

We share data with landlords to help us recover from the estate of the deceased person expenses incurred in accordance with the Public Health (Control of Disease) Act 1984.

We share data with Kent County Council registrar to help us fulfil our statutory duties under the Public Health (Control of Disease) Act 1984. This data sharing enables us to register the death of the deceased or establish this has already been done.

We share data with Kent and Medway Coroners’ Office to help us fulfil our statutory duties under the Public Health (Control of Disease) Act 1984. This data sharing enables us to register the death of the deceased and progress the funeral arrangements.

We share data with funeral directors to help us fulfil our statutory duties under the Public Health (Control of Disease) Act 1984. This data sharing enables us to make the funeral arrangements.

We share data with person or solicitors dealing with the estate of the deceased to help us recover expenses incurred in arranging the public health funeral in accordance with the Public Health (Control of Disease) Act 1984.

We share data with social services departments to help us fulfil our statutory duties under the Public Health (Control of Disease) Act 1984. This data sharing enables us to collect information to progress public health funeral arrangements and recover any expenses incurred.

We share data with the Treasury Solicitor in cases where they will be administering the estate.

Data collection requirements

Nil.

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; and
  • 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.