Harbours

The following information provides details on how we may collect use and where appropriate share personal information in accordance with the UK General Data Protection Regulations (UK GDPR). It should be read in conjunction with the Council’s privacy notice document.
 

Why we collect personal data

We collect personal data for the following purposes:

• To process applications and licences for berths in Scarborough and Whitby Harbours and Filey Coble Landing
• To maintain lists of berth holders and people requiring berths
• To provide you with services you request or utilise
• To process applications for Licences, including Passenger Tripping Licences, Fish Buyers Licences etc.
• To process payments and recover debts for harbour dues and fees, and for charges for services provided
• To maintain records of Fish landings to enable us to fulfil our legal obligations
• To fulfil our legal obligations in respect of Visiting vessels

In addition we operate CCTV at our harbours for the following reasons:

• Navigational safety of the Ports/Harbours (LPS Operations), under MGN 401 (M+F) amendment
• Security of the Ports/Harbours (ISPS Operations), as an important tool for monitoring harbour activity
• For the safety of staff, harbour users, and public in the Harbour Authority areas
• For the prevention and detection of crime within SBC ports.

What personal data we collect

The personal data we collect will include:

• name

• address

• email address

• telephone number

• details of your vessel

• details of relevant qualifications

• vessel insurance information

• next of kin contact details

• Financial details to enable us to take payments for services

• CCTV footage

In some circumstances we'll need more details and sometimes sensitive personal data, for example if you require an enhanced access berth we may require health details

See our Data Protection Policy for details on how we define personal and non-personal data.

We may monitor and record electronic communications (website, email and phone conversations) for a number of reasons such as:

• staff training
• records of conversations
• the detection, investigation and prevention of crime

We will inform you if your call is being recorded or monitored. 

Emails that we send to you or you send to us, may be retained as a record of contact and your email address stored for future use in accordance with our retention periods. If we need to email sensitive or confidential information to you, we may perform checks to verify the correct email address and may take additional security measures.

How we use your personal data

We will only use your personal data in accordance with data protection legislation, and for the purposes stated in this privacy notice.

We will:

• only ask for what is necessary for the provision of services associated with the Harbours and our legal responsibilities
• protect it and make sure nobody has access to it who shouldn’t
• ensure you know if you have a choice about giving us personal data
• only share your personal data with other Scarborough Borough Council departments or with external partners, agencies and contractors involved in delivering services on our behalf.  With agencies such as MMO, Police, NEIFCA, MCA, HMRC and the Border Force where we are required to do so
• make sure we don’t keep it for longer than is necessary
• delete or destroy it securely when we no longer have a need to keep it

We ask that you:

• give us accurate information
• tell us as soon as possible of any changes
• tell us as soon as possible if you notice mistakes in the information we hold about you

From time to time, we may conduct or ask you to take part in a survey to get your feedback, comments and opinions to help us improve our services.

Who we share your personal data with

We may share your data with:

• Other departments within the Council,
• Marine Management Organisation,
• Police,
• North Eastern Inshore Fisheries and Conservation Authority,
• Maritime and Coastguard Agency,
• HMRC,
• Border Force,

Any information we use in presentations or reports will be anonymised and will not identify any individuals. For example a report on quantities of fish landed or numbers of visiting vessels will not feature any of your personal data.

We do not disclose or share sensitive or confidential information without your explicit consent except where disclosure is required by law, or where we have good reason to believe that failing to do so, would put you or someone else at risk.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data-matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customs, the Police and other local authorities.

Our legal basis for collecting and sharing personal data

Our basis for processing your data is as follows:

• Article 6(1)(f) - Legitimate Interest
• Article 6(1)(c) - Legal Obligation
• Article 6(1)(a) - Consent
• Article 6(1)(b) - Contract

In some cases we process special category data and the legal basis for this is:

• Article 9(2)(f) - Establishment, exercise or defence of a legal claim
• Article 9(2)(g) - Substantial Public Interest

How long we keep your personal data

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.  We will keep your personal data as detailed in our retention schedule.  We will delete or destroy your personal data securely.

At the end of the retention period, we may pass any relevant information to the Archives where it is required or appropriate to do so.

Further processing of personal data

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.

The new notice will:

• explain this new use before we start the processing
• set out the relevant purposes and processing conditions

Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.

Personal data from online payments

The personal data you give to us when using our online payment system will only be used for the recording of your payment. We'll ensure that it is used for no other purpose and is not disclosed to a third party such as other companies or individuals, unless required to do so by law for the prevention of crime and the detection of fraud.

We'll hold it securely and only for as long as is needed. It will then be deleted in line with our Retention and Disposal Policy and Procedures.

Your rights relating to your personal data

When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.

Find information about your rights on our UK GDPR page.

Further information

If you have any questions, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us at dataprotection@scarborough.gov.uk or on 01723 232323 or write to:

Data Protection Officer
Scarborough Borough Council
Town Hall
St Nicholas Street
Scarborough
North Yorkshire
YO11 2HG