- How we use your data
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At Stoke-on-Trent City Council we take your privacy seriously and will only keep and use your personal information for reasons the law requires or allows. We are a data controller for the personal information we hold about you in relation to Highways. In order to comply with data protection legislation we must be sure you understand how we use this information.
The Highway Inspection & Risk Manual sets out how Stoke on Trent City Council manages and risk assesses the day to day or routine maintenance of its highways to fulfil its statutory obligations and deliver a safe, serviceable and resilient highway network.
Highway proactive and reactive inspections covers highway safety and service inspections for a number of assets, with additional information recorded on overall condition, and potential for asset to be considered for future planned maintenance.
We only keep this data for 12 months, the time specified in our retention schedule and as required by law.
We use this data to record defects and damage along with the current condition of Highway infrastructure. We collect information regarding the condition of carriageways, footways, kerbs, street furniture and inspection chamber covers and gratings.
We collect this data by a number of methods, which may include still or video photography. We do not intend to record individuals when carrying out this work, but may inadvertently capture details, such as vehicle registration numbers or occasionally images of individuals in public places.
We are able to do this because the law on Highway inspections says we must do it. (Under Section 41 of the Highways Act 1980). This is part of our public task and is allowed under Article 6(1)(e) of the UK GDPR.
Stoke on Trent City Council has a statutory duty to maintain a highway maintainable at public expense in a safe and serviceable manner for all types of road user. Neglecting this duty can lead to claims against the City Council for damages resulting from a failure to maintain the highway. Under Section 58 of the Highways Act 1980, the highway authority can use a “Special Defence” in respect of action against it for damages for non-repair of the highway if it can prove that it has taken such care as was reasonable. Part of the defence rests upon:
“Whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway”.
You should be aware that we have a duty to protect public funds. We may therefore use the information we have for the prevention and detection of fraud. We may share this information with other bodies for these purposes.
We may also share this information with other parts of the council or other relevant organisations for purposes which may include enforcement.
Also, the person undertaking the inspection is responsible for the accuracy of that inspection and the recorded information. The inspector undertaking the inspection may also be required to provide information relating to third party liability claims against the Council, this may include providing statements to support the defence of claims. On occasions, the Inspector may have to attend court as a witness in civil trials where this footage may be used.
Data protection law provides you with certain rights, however not all of these rights will be available to you in all situations. Where we are under a legal duty to use data for a particular purpose you will not have the right to prevent it being used in that way.
A full list of the information rights you may have, under data protection law, is given below:
• You can ask to see the information we hold about you.
• You can ask what is being done with the information we hold about you.
• You can ask to have some of the data we hold about you deleted.
• You can ask us to review a decision made about you by a computer, and ask for a new decision to be made by a person.
• You can ask us to stop processing the data we hold about you
• You can ask us to make changes to data about you that you believe is inaccurate.
• In some circumstances you can ask us to help you move your information to another organisation.
• You can ask us to restrict or limit what we do with your data, for example if you believe the data we hold is inaccurate, or if you believe the processing is unlawful.
- Who to contact if you have questions
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If you want to speak to someone about this service please contact:
Chris Norman, Senior Engineer, Highway Asset Management
Housing, Development and Growth Directorate
City of Stoke-on-Trent
Highways Depot, Federation Road, Burslem, Stoke-on-Trent, ST6 4HU
01782 232339
If you want to exercise your rights under information law, please contact the Information Rights Team at foi@stoke.gov.uk or Information Rights Team, Floor 2, Civic Centre, Glebe Street, Stoke-on-Trent ST4 1HH or you can complete the online form on the City Council's website: https://www.stoke.gov.uk/homepage/117/feedback_form.