Taxi licensing privacy notice

Who will own my data once I submit it?

We will own your data once it is submitted.

Why do you need my information?

We process personal data relating to your application and holding of a taxi licence under the legal basis of Legal Obligation in that we have a statutory duty under the Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847 (and associated regulations and amended legislation) to ensure that those we licence are fit and proper persons.

To deliver these we need to collect and use personal information of those using or affected by these services. This will include:

• name and date of birth
• address
• phone number
• email address
• medical information
• driver licence information and history
• criminal conviction information and complete history (please note that the Rehabilitation of Offenders Act 1974 does not apply to the taxi trade, and no conviction is therefore ever considered to be spent)
• proof of your right to work and reside in the United Kingdom
• certificate of good conduct from any other countries

Please note that all the above information is collected in relation to an application for a drivers’ licence. A lesser amount of personal information is required prior to the grant of a vehicle or operator licence (including Vehicle details and registration mark).

What allows you to use my information?

We have a statutory duty under the Local Government (Miscellaneous Provisions) Act 1976, Town Police Clauses Act 1847 (and associated regulations and amended legislation) to ensure that those we licence are fit and proper persons.

Who will my information be shared with?

• Cheshire Police and other police forces/enforcement agencies - from time to time we get requests from the police for information that will assist them in investigating and preventing crime. We can share your information with the police if the law allows us too. We also have a data sharing agreement with Cheshire Police that allows us to share information
• Councillors who sit on our licensing committees – where we refer your application or licence (in the case of a review) to our licensing committees for determination
• publicly available – we are required to hold some of your data in public registers. The information that is in the register is set down in the legislation (Town and Police Clauses Act 1847 s42 – Hackney Carriages and Private Hire Vehicles) and the local Government (Miscellaneous Provisions) Act 1976 s 51(3) for drivers
• internal departments (including Transport Coordination services and alternative service delivery vehicles such as Qwest who require access to your information for the purpose of administration, regulation and law enforcement)
• Cabinet Office (as part of the National Fraud Initiative) - we have a legal duty to submit information to the Government as part of the National Fraud Initiative (NFI). You can read about the type of information we have to disclose to the NFI on their website
• HM Revenue & Customs - we have a statutory duty under schedule 23 of the Finance Act 2011 to submit returns to the HMRC. National Anti-Fraud Network (NAFN) – we share information with NAFN as part of the national database of taxi and PHV driver licence refusals, suspensions and revocations
• Department for Transport – we will share some information with the DFT for statistical purposes (this would not normally include personal or sensitive information)
• Department for Environment, Food & Rural Affairs – we share information with DEFRA as required by The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019. The information we are required to share with DEFRA includes: Vehicle Registration Mark, the start and expiry date of the vehicle licence, whether the vehicle is a taxi or PHV, the name of the licensing authority, the licence plate number and an indication of whether it is a wheelchair accessible vehicle
• approved vehicle testing stations - we share personal information with garages that carry out vehicle tests. This includes full names and vehicle details (for example the vehicle registration mark).

Do I have to provide this information and what will happen if I don’t?

We will gather this information as part of the application process and to determine if you are a fit and proper person to hold a licence.

• applicants and existing drivers
• the Disclosure and Barring service – to check if you are eligible to hold a licence
• Cheshire Police – to check criminal history
• The Driver and Vehicle Licensing Agency (via gov.uk website) to view your driving record, for example vehicles you can drive and/or to check your penalty points or disqualifications.
• other licensing authorities whom you may have held a licence with Medical professionals and practitioners responsible for certifying your fitness to hold a licence
• licensed operators

How long will you keep this data for and why?

We only keep information for as long as it is needed. This will differ according to what information we hold and its purpose. It will be based on either a legal requirement (where a law says we have to keep information for a specific period of time) or accepted business practice.

Within our team, we will keep different information for different periods of time:

• information submitted as part of an application - six years after the date in which the application is refused
• information held in respect of a licence - six years after the date from which the licence ceases to be held
• information received as part of an enforcement investigation – for a minimum of six years and then for only so long as may be necessary to inform a decision to protect the public
• information held on the NR3 database will be held for a period of 25 years

How will my information be stored?

Your information is held securely on systems within our IT network.

What rights do I have when it comes to my data?

Under Data Protection legislation you have the right to request access to the information that we hold about you.

To request a copy of your data or ask questions about how it is used, please read the Data Protection and Your Rights page and then submit your request by following your preferred method of contact in the 'How do I ask for my personal information' section.

In certain circumstances, under data protection legislation, when you apply for a permit, licence or certificate, you may also have the right to:

• have inaccurate personal data rectified, blocked, erased or destroyed
• prevent processing for the purpose of direct marketing
• right to receive your information in a machine readable portable format

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

To make a request, follow the instructions on the Data Protection for you page.

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to the our Data Protection team online or by post.

• By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

You also have the right to complain to the Information Commissioner’s Office using the following details:

• By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• Telephone: 08456 30 60 60

Will this information be used to take automated decisions about me?

No.

Will my data be transferred abroad and why?

No.