Westmorland and Furness Registration Service privacy notice

When processing personal data, the council is required under Articles 13 and 14 of the UK General Data Protection Regulation (UKGDPR) to provide individuals with the information contained in this document.

Data ownership

Name: Superintendent Registrar, Westmorland and Furness Registration Service

Address: The Register Office, Lady Gillford’s House, Petteril Bank Road, Carlisle CA1 3AJ

Registration Number:  ZB512778

This information is also available on the Information Commissioner’s Register of Fee Payers

Data Protection Officer

Contact the Data Protection Officer, Claire Owen by:

Email: dataprotection@westmorlandandfurness.gov.uk

Post:  Westmorland and Furness Council, Legal and Democratic Services, 1st Floor, Cumbria House, 117 Botchergate, Carlisle, Cumbria CA1 1RD

Purpose

We are Westmorland and Furness Council's Registration Service, and we are responsible for providing the following services:

• Registration and management of births, deaths, marriages and Civil Partnerships
• All associated statutory administration in line with Registrations and any updates or corrections
• Production and management of certified copy certificates
• Management and delivery of Citizenship ceremonies
• Approval of venues for marriage and civil partnership and the administration of the legal approval process
• Maintenance of the repository of civil registers
• Delivery of the programme of ceremonies for Marriages and Civil Partnerships

What is Tell Us Once?

Tell Us Once is a service that lets you report a death to most government organisations in one go.  Many services can be notified and these include: 

• local councils, for example - council tax, bin collections, revenues and benefits
• HM Revenue and Customs (HMRC)
• Department for Work and Pensions (DWP)
• Driver and Vehicle Licensing Agency (DVLA)
• Passport Office

Find out more about Tell Us Once on GOV.UK.

Data collection

Your data will be collected in the following ways:

• by telephone

• online forms

• appointment booking systems for births,  deaths and stillbirths and marriages/civil partnerships

• online payment systems, for example - registration certificates

• face to face, for example - registration interviews

• using the Tell Us Once service

Data types

Westmorland and Furness Registration Service is required to process either your personal, special category/sensitive or criminal/law enforcement data to meet legal obligations and make robust recommendations and decisions.  

The Personal Data requirements are:

Registration - Births

• Marital Status of parents
• If multiple Births
• Date of birth of child
• Names of child
• Sex of child
• Where the child was born
• Fathers’ names and any former names
• Where father was born
• Occupation of father
• Name, previous names, otherwise known as and maiden name of mother
• Where mother was born
• Occupation of mother
• Addresses at present and address at time of baby’s birth

Registration - Deaths

• Full names currently using and any former names or maiden surnames if applicable
• Date of death
• Where person died
• Date of birth of deceased
• Where deceased was born
• Marital status
• Occupation
• Employment Status
• Name of spouse or civil partner if applicable
• Occupation of spouse or civil partner
• Employment status of spouse or civil partner
• Usual address
• Cause of Death
• Informant’s name
• Informant’s relationship to deceased
• Informant’s address

Notice of Intent to Marry/Form a Civil partnership and Booking Ceremonies

• Opposite or same sex ceremony
• Name, previous names, otherwise known as and maiden name
• Date of birth
• Nationality
• Place, date and time of ceremony
• Sex
• Marital Status
• Address and how long at address
• Parents details
• Telephone details for home and mobile
• Date of divorce, annulment, death, dissolution
• Relationships to each other
• Occupation

Office of National Statistics (ONS) mandatory and voluntary statistical collection - Births

• Month and year of marriage
• Father date of birth
• Mothers date of birth
• Any other living children
• Any previous still-born children
• Employment status
• Which industry they work in

Office of National Statistics (ONS) mandatory and voluntary statistical collection - Deaths

• Date of birth of spouse or civil partner
• How long in a communal establishment (if applicable)

Tell Us Once

• Full names
• Date of birth
• House number and postcode
• Date of death

Certificate Services

• Applicants Name
• Applicants Address
• Applicants telephone number and email address
• Delivery address
• Relationship to the person(s) on the certificate
• Name of person(s) on certificate
• Date of birth, death, marriage, or civil partnership
• Where the event took place
• Details of parents, spouses, partners

The Special Category Data requirements are:

• gender
• health
• religion
• nationality
• sex life or sexual orientation

The Criminal/Law Enforcement Data requirements are: 

• Not Applicable

Legal Basis for Processing Data

Where Westmorland and Furness Registration Service identifies the requirement to process personal, special category/sensitive or criminal/law enforcement data, depending on the specific data being shared, it must have at least one of the following:

• for personal data, a legal basis under UKGDPR Article 6
• for special category/sensitive data, a condition under UKGDPR Article 9
• for criminal/law enforcement data, a purpose under UKGDPR Schedule 8

The following legal bases apply to the processing of your personal data:  

• UKGDPR Article 6(1) (a) Consent
• UKGDPR Article 6(1) (c) Legal Obligation
• UKGDPR Article 6(1) (e) Public Task/Public Interest/Official Authority

Where the LGR Programme is relying on UKGDPR Article 6(1)(c) all Relevant Legislation should be listed below.

The following conditions apply to the processing of your special category/sensitive data:  

• UKGDPR Article 9(2) (g) Substantial public interest

The following purposes apply to the processing of your criminal/law enforcement data:

• Not Applicable

Relevant Legislation

Births and Deaths

• Births and Deaths Registration Act 1953
• Registration of Births and Deaths Regulations 1987 (SI 1987/2088)
• Registration of Births and Deaths (Welsh Language) regulations 1987 (SI 1987/2089)
• The Deregulation (Still-Birth and Death Registration) Order 1996 (SI 1996/2395)
• The Contracting Out (functions of the Registrar General in relation to authoring re-registration of births) Order 1997 (SI 1997/962)
• The Deregulation (Correction of Birth and Death Entries in Registers of Other Records) Order 2002 (SI 2002/1419)
• The Registration of Births and Deaths (Electronic Communications and Electronic Storage) Order 2006 (SI 2006/2809)
• Legitimacy Act 1976
• The Registration of Births, Deaths and Marriages (Amendment) Regulations 2006
• The Registration of Births, Deaths and Marriages (Amendment) Regulations 2007
• The Registration of Births, Deaths and Marriages (Amendment)No.2 Regulations 2007
• The Cremation (England and Wales) Regulations 2008
• The Human Fertilisation and Embryology Act 2008
• The Registration of Births and Deaths (Amendment) Regulations 2009
• The Coroners and Justice Act 2009
• The Welfare Reform Act 2009
• The Presumption of Death Act 2013

Marriages

• Marriage Act 1949
• The Registration of Marriages Regulations 1986 (SI 1986/1442)
• The Marriage Act 1994
• The Marriage and Civil Partnership (Approved Premises) Regulations 2005
• The Registration of Births, Deaths and Marriages (Amendment) Regulations 2005 (SI 2005/3177)
• The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000 (SI 2000/3164)
• The Registration of Marriages (Welsh Language) Regulations 1999 (SI 1999/1621)
• The Asylum and Immigration (Treatment of Claimants) Act 2004
• The Immigration (Procedure for Marriage) Regulations 2011 (SI 2011/2678)
• The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (SI 2005/3168)
• The Forced Marriage (Civil Protection) Act 2007
• The Equality Act 2010
• The Marriage and Civil Partnership (Approved Premises)(Amendment) Regulations 2011
• The Protection of Freedoms Act 2012
• The Marriage (Same Sex Couples) Act 2013
• Immigration Act 2014
• The Registration of Marriages Regulations 2015
• The Marriage (Authorised Persons) and Civil Partnership (Registration Provisions) (Amendments) Regulations 2015
• The Registration of Births, Deaths and Marriages and Registration of Civil Partnerships (Fees) (Amendment) Order 2015
• The Referral of Proposed Marriages and Civil Partnerships Regulations 2015
• Marriage (Registrar General’s Licence) Act 1970

Adoptions

• Adoptions and Children Act 2002
• The Adopted Children and Adoption Contact Registers Regulations 2005 (SI 2005/924)
• The Adoption Information and Intermediary Services (Pre-commencement) Adoptions Regulations (SI 2005/890)

Civil Partnership

• The Civil Partnership Act 2004
• The Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (SI 2005/3168)
• The Reporting of Suspicious Civil Partnerships Regulations 2005 (SI 2005/3174)
• The Civil Partnership (Registration Provisions) Regulations 2005 (SI 2005/3176)
• The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2011 (SI 2011/2979)

Gender Recognition

• Gender Recognition Act 2004
• The Gender Recognition Register Regulations 2005 (SI2005/912)

Local Authorities/Miscellaneous

• The Registration Service Act 1953
• The Registration of Births, Deaths and Marriages Regulations 1968
• Statistics and Registration Act 2007
• The Freedom of Information Act 2000
• The Data Protection Act 1998
• Mental Capacity Act 2005
• Equality Act 2010

Fees

• The Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016
• The Registration of Civil Partnerships (Fees) (No. 2) Order 2005 (SI 2005/3167)
• The Registration of Civil Partnerships (Fees) Order 2005 (SI 2005/3177)
• The Registration of Civil Partnership (Fees)(Amendment) Order 2010
• The Registration of Births, Deaths, Marriages (Fees)(Amendment) Order 2012
• Immigration Act 2016
• Regulation of Birth and Death, Marriage and Civil Partnership (Fees) (Amendment) Regulations 2017

Automated Decision-Making/Profiling

Automated individual decision-making is a decision made by automated means without any human involvement. Automated individual decision-making does not have to involve profiling, although in some cases it might.

A definition of Profiling can be found in: UK GDPR - Article 4(4) and further information can be found at: ICO - Automated Decision Making and Profiling

We do not use your information for automated decision-making or profiling purposes.

Data Transfers

Your personal data is not transferred to a third country or international organisation.

Redaction

We operate a policy where we routinely redact the following details before making forms and documents available online:

• contact details, for example - telephone numbers, email addresses
• signatures
• personal or special category data
• information agreed to be confidential or commercially sensitive

Occasionally it may be considered necessary, justified and lawful to disclose data that appears in the list above. In these circumstances the council will make all reasonable efforts to contact you if this processing is going to have an impact on your rights or privacy.

Data Sharing

A copy of any register entry will be provided by this office in accordance with the law to any applicant, provided they supply enough information to identify the entry concerned. An application for a certificate may also be made to the General Register Office.

Indexes for events registered are publicly available in order to help members of the public identify the registration record they may need.

A copy of the information collected by a registration officer will be sent to the Registrar General for England and Wales so that a central record can be maintained.
Registration information held with Westmorland and Furness Registration Service may be shared with other organisations in the course of carrying out our functions, or to enable others to perform theirs.

We will only share information where there is a lawful basis to do so for the following reasons:

• Statistical or research purposes
• Administrative purposes by official bodies, for example - ensuring their records are up-to-date
• Fraud prevention or detection, immigration and passport purposes.

It should be noted that records of the deceased are not covered by Data Protection legislation, which relates only to living individuals, although the common law duty of confidentiality still applies. We are also required by law to share details of death registrations with relevant bodies to ensure their records are accurate or for monitoring purposes. This ranges from public pension payers to profession-specific organisations such as the General Medical Council, General Dental Council and General Optical Council.

The Registration Service will share the data listed below with the partners listed in Section 2 of:

• Name
• Address
• Age
• Date of birth
• Date and place of marriage
• Nationality
• Marital status
• Occupation
• Signatures of parties married, witnesses and registration staff
• Parents name/address/occupation
• Cause of death
• Immigration status
• Contact details

While responding to your enquiries or complaints it may be necessary to share your personal data with other parts of the council or other public bodies or organisations. All reasonable efforts will be made to contact you if this processing is going to have an impact on your rights or privacy.

Data Security and Retention

The data, collected from or supplied by you, will be kept on a secure system and can only be accessed by authorised employees.

If you experience any problems in relation to your personal data or you see something that doesn’t look right get in touch to report it as a Data Breach.

Your Rights - Data Subject Access

The UKGDPR provides you with the right to access information the council, as a public authority holds about you. Upon receipt of a valid request the council will:

• provide you with a response within one month
• let you know if your request is subject to an extension
• make reasonable efforts to comply with the format of your request
• inform you if your request is going to be refused or a charge is payable.

You can make a Data Subject Access Request (DSAR) by contacting:

Email: information.governance@westmorlandandfurness.gov.uk

Post: Information Governance Team, Parkhouse, Baron Way, Carlisle CA6 4SJ

Your Rights - Other

In addition to your right of access the UKGDPR also gives you the following rights:

• the right to be informed via the council's Privacy Notice
• the right to withdraw your consent. If we are relying on your consent to process your data then you can remove this at any point
• the right of rectification, we must correct inaccurate or incomplete data within one month
• the right 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
• the right 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
• the right to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked
• the right to object. You can object to your personal data being used for profiling, direct marketing or research purposes
• you have rights in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

Where our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. If you do decide to withdraw your consent we will stop processing your personal data for that purpose, unless there is another lawful basis we can rely on – in which case, we will let you know. Your withdrawal of your consent won’t impact any of our processing up to that point.

Where our processing of your personal data is necessary for our legitimate interests, you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim.

Unless otherwise stated above you can exercise any of these rights by contacting:

Email: dataprotection@westmorlandandfurness.gov.uk

Post:  Westmorland and Furness Council, Legal and Democratic Services, 1st Floor, Cumbria House, 117 Botchergate, Carlisle, Cumbria CA1 1RD

Verifying your identity

When exercising the rights mentioned above please be aware that under UKGDPR Article 12(6) additional information can be requested to verify that you are the data subject if your identity is unconfirmed. Please note that:

• additional documentation is only required when the council cannot verify your identity using internal council systems that relate to the service you are requesting information about
• the council will contact you for this documentation prior to processing your request
• the statutory deadline for responding to your request will start when you have provided the additional documentation
• failure to provide additional documentation may lead to the council rejecting your request.

Complaints

If you have any concerns about the information contained in this Privacy Notice please contact: registration.service@westmorlandandfurness.gov.uk

If you have concerns about the way the council has processed your data, please contact the council’s Data Protection Officer:

Email: dataprotection@westmorlandandfurness.gov.uk

Post: Westmorland and Furness Council, Legal and Democratic Services, 1st Floor, Cumbria House, 117 Botchergate, Carlisle, Cumbria CA1 1RD

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

Reviews and updates

In accordance with UK GDPR Article 13(3) where either, the extent of the data being collected or the purpose for collecting it changes this notice should be updated and republished, to ensure that data subjects are properly informed.