Traffic Regulation Order (TRO) Privacy Notice

TRO Consultation Privacy Notice

The proposed TROs are advertised in accordance with The Road Traffic Regulation Act 1984 and The Traffic Management Act 2004.

Each TRO is advertised and consulted for 21 days. Anyone can object to, or support, any of the proposed TRO during the consultation period.

You need to be aware of this privacy notice if you are submitting a representation in relation to a TRO proposal.

Who is collecting and using your personal data?

The Isle of Wight Council (we) is a Data Controller (contact details below). This means it decides how your personal data is processed and for what purposes.

Your personal data – what is it?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”). How do we process your personal data? We comply with our GDPR obligations by:

keeping personal data up to date
storing and destroying it securely
not collecting or retaining excessive amounts of data
protecting personal data from loss, misuse, unauthorised access and disclosure
ensuring that appropriate technical measures are in place to protect personal data.

Why do we need your personal information?

To register your representation on a TRO proposal
To contact you if you object to the proposal
To provide you with information of the outcome of the consultation
For statistical analysis and evaluation of the responses to the TRO.

How the law allows us to use your information?

Your contact details, including name, address or email address are required to enable us to respond to your feedback on consultations. We are required to collect personal information in line with requirements under The Local Authorities' Traffic Orders (Procedure) (England and Wales) regulations 1996 statutory process.

For processing, we rely on UK GDPR Article 6(1)(e) processing as ‘necessary for the performance of a public task in the public interest’ and Article 6(1)(c) that processing is ‘necessary for compliance with a legal obligation to which the controller is subject’, as the lawful basis on which we collect and use your personal information.

We do not seek any special category information, but if you do provide sensitive personal information in your response (for example information about your health or disability) then we will rely on the following exception in Article 9(2)(g) ‘processing is necessary for substantial public interest’ (statutory purposes).

Who do we share your information with?

A summary of your representation in relation to the TRO may be made public on our website in publicly available reports prepared as part of our decision making process.

If you include personal or identifiable details in the comments/body of your response then we cannot guarantee that these details will not be included in any future reports. We advise that you read through your comments to ensure there is no personally identifiable information included.

We will not share your personal data to any external parties, except to prevent fraud or if required to do so by law.

We might have to disclose your comments (excluding your personal details) if someone asks for information about a particular proposal. This means we will be unable to treat your comments as confidential.

We may share personal information with our legal and professional advisers in the event of a dispute, complaint or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, for the exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

How do we keep your information secure?

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

What you can do with your information

Unless subject to an exemption under GDPR you have the following rights with respect to your personal data:

To request a copy of your personal data which we hold about you
To request that we correct any personal data if it is found to be inaccurate or out of date
To request your personal data is erased where it is no longer necessary for Isle of Wight Council to retain such data
To request a restriction is placed on further processing, where there is a dispute in relation to the accuracy or processing of your personal data
To object to the processing of personal data
To lodge a complaint with the Information Commissioners Office.

For further details on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you please contact dpo@iow.gov.uk or contact the Data Protection Officer at: Corporate Information Unit County Hall High Street Newport Isle of Wight PO30 1UD