Public transport – Bus and Taxi ID Badge Team

LCC DBS Red Badge Applicants

In order to comply with the UK General Data Protection Regulation (UK GDPR), where personal data relating to a data subject is collected, Lancashire County Council would like to provide you with the following details.

Identity and contact details of the data controller

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the data protection officer

Our Data Protection Officer is Paul Bond. You can contact him at dpo@lancashire.gov.uk or Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ

Contact details of the Bus and Taxi ID Badge Team

For specific enquiries relating to the Bus and Taxi ID Badge Team please direct these to busandtaxiidbadge@lancashire.gov.uk.

Purposes for processing

The Bus and Taxi ID Badge Team aims to ensure that the people who drive our school bus and unescorted taxi services are fit and proper persons to do this work. These services are provided for vulnerable groups including children.

We issue drivers that are deemed to be fit and proper persons, with Lancashire County Council DBS Identity badges (red badge). Drivers who are driving a county council contracted school bus or an unescorted taxi service must have a red badge, which must be worn or displayed so that it may be seen by their passengers, parents, county council staff and school staff.

Drivers who wish to obtain a red badge must apply through the council for a DBS enhanced disclosure. The Bus and Taxi ID Badge Team, will:

Send out an application pack to the applicants employer who meet the required criteria;
Check the completed application form and the applicants ID documents;
Send the application form to DBS via the county council counter signatory;
Check the applicants DBS certificate, once it has been issued;
Where the council is satisfied that the applicant is a fit and proper person to drive its services, issue a red badge;
Hear appeals where a red badge has been denied.

Category of personal data being processed

Personal data (information relating to a living, identifiable individual)
Special category personal data (racial, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation)

Legal basis for processing personal data

The legal basis for processing your personal data, in accordance with the UK GDPR is:

Legal Obligation: the processing is necessary for us to comply with the law. We will cite the applicable legislation if we need to rely on this basis for processing.
Vital Interests: the processing is necessary to protect someone's life.

Public Task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law. We will cite the applicable task/function and its' basis in law if we wish to rely on this basis for processing.

Processing is necessary for compliance with a legal obligation to which the controller is subject:

Rehabilitation of Offenders Act (1974) (Exceptions) Order

The Protection of Freedoms Act (2012)

DBS Code of Practice

Legal basis for processing special categories of personal data

The legal basis for processing your special categories of personal data, in accordance with the UK GDPR is:

(b) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

(g) Processing is necessary for reasons of substantial public interest.

Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

Processing is necessary compliance with a legal obligation to which the controller is subject:

Data Protection Act (2018) Schedule 1 Part 2 (6) Statutory etc and government purposes

Rehabilitation of Offenders Act (1974) (Exceptions) Order

The Protection of Freedoms Act (2012)

DBS Code of Practice

The Health & Safety at Work Act (1974)

Recipients of the data

Employers of drivers (Taxi or Bus Companies)
DBS
The Traffic Commissioner
The Local Authority Designated Officer (LADO)
Taxi Licencing Authorities

Information we collect and share

We collect and hold the following information for each applicant:

Name;
Address;
Date of birth;
Driving Licence number;
National Insurance number;
Employer;
Badge expiry date;
Notes – summary relating to the application;
We see the applicants certificate but where a red badge is granted the certificate is immediately returned to the applicant and a copy is not kept;
Where a badge has been refused a copy of the certificate is taken and kept in case of appeal;

We share the following information about you:

Name
Address
DOB
Any allegations made against a driver whilst in the employment of LCC
Barred Drivers List
Any relevant information which we have a legal obligation to disclose to other agencies /regulatory bodies or Licencing Authorities

Any transfers to another country

Retention periods

Lancashire County Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.

File Type	Description	Security	Retention Period
ID Badges issued	Information contained within the county council oracle web based browser on each applicant (including applicant's name, address, date of birth, employer, NI number, driving licence number and notes)	Held on LCC secure server with access controls in place	20 Years from badge expiry date
DBS applications	Paper copies of DBS photo-form	Paper copies stored securely with access controls in place	4 weeks after issued certificate is provided by applicant
Unsuccessful applications	Paper based copy of certificate and additional information, or letter of appeal related to a refused application	Paper copies stored securely with access controls in place	3 months , or until after any appeal process has been completed
Investigations	Investigation records relating to removed/permanently debarred drivers	These records are kept electronically held on LCC secure server with access controls in place.	We review whether an individual should remain on the list of debarred drivers 20 years after last contact or at the point of a new application. If the individual is taken off the debarred list these records will be destroyed within 4 weeks of this decision.

Your rights

You have certain rights under the UK General Data Protection Regulation (UK GDPR), these are the right:

to be informed via Privacy Notices such as this.
to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point.
of access to any personal information the council holds about yourself. To request a copy of this information you must make a subject access request in writing. You are entitled to receive a copy of your personal data within 1 calendar month of our receipt of your subject access request. If your request is complex then we can extend this period by a further two months, if we need to do this we will contact you. You can request a subject access request, either via a letter or via an email to Information Governance Team, address below.
of rectification, we must correct inaccurate or incomplete data within one month.
to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information.
to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future.
to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked.
to object. You can object to your personal data being used for profiling, direct marketing or research purposes.
in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to exercise any of these rights then you can do so by contacting:

Information Governance Team
Lancashire County Council
PO Box 78
County Hall
Preston
PR1 8XJ

Email: dpo@lancashire.gov.uk

To ensure that we can deal with your request as efficiently as possible you will need to include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address), as much detail as possible regarding your request so that we can identify any information we may hold about you, this may include your previous name and address, date of birth and what council service you were involved with.

Further information

If you would like more information about this specific service then please contact Andrew Glover by email Andrew.glover@lancashire.gov.uk or by writing to:

Public and Integrated Transport, Lancashire County Council, PO Box 100, County Hall, Preston. PR1 0LD.

For more information about how we use personal information see Lancashire County Council's full privacy notice.

If you wish to raise a complaint on how we have handled your personal data, you can contact the Information Governance team who will investigate the matter.

Lancashire County Council, PO Box 78 County Hall, Fishergate, Preston, Lancashire, PR1 8XJ or email: dataprotection@lancashire.gov.uk

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office (ICO).