Local Emission Zone (LEZ) Enforcement Privacy Statement

Last updated on Thu, 30/05/2024 - 10:08

Who we are
Dundee City Council is a local authority established under the Local Government etc. (Scotland) Act 1994. Its head office is located at 50 North Lindsay Street, Dundee DD1 1QE. Contact details for our Date Protection Officer can be found on our website.

Low Emission Zone Dundee
The Transport (Scotland) Act 2019 has provided the legal basis to enable the creation and civil enforcement of our LEZ. In addition, the following regulations outline the detail related to emission standards, exemptions, enforcement, and procedural requirements related to the introduction, amendment or revocation of a LEZ.

Why do we need your personal information and what do we do with it?
We may use your personal information to allow us to enforce Dundee’s Low Emission Zone (LEZ) from 30th May 2024 onwards.  We also use your information to verify your identity and where required, contact you by post, email or telephone and to maintain our records. 

We may also have received information about you from DVLA, DEFRA, Transport Scotland and our debt collection contractors. The information we have received may include some of the following:Vehicle keeper's name, address, vehicle registration, make and model details.
Images from LEZ enforcement cameras.
Disabled (Blue Badge) details

Legal basis for using your information:
These services are provided in terms of the council's statutory functions as a local authority, more details of which can be found on our website.

Processing your personal information is necessary for the performance of a task carried out in the public interest by the Council.

We may also need to process more sensitive personal information about you for reasons of substantial public interest as set out in the Data Protection Act 2018. It is necessary for us to process it to carry out key functions as set out in law.

Who do we share your information with?
We are legally obliged to safeguard public funds so details will be checked internally for fraud prevention and verification purposes and may be shared with other public bodies for the same purpose.  We are legally obliged to share certain data with other public bodies which may include HMRC and will do so where the law requires this; we will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and proportionate.  Information is also analysed internally to provide management information, inform service delivery reform and similar purposes.  This is in accordance with the council's Information Use and Privacy Policy, the privacy statement set out in full on our website, and the provisions of our Records Management Plan approved in terms of the Public Records (Scotland) Act 2011.

In order to enforce the LEZ, we may share your information with third parties including DVLA, DEFRA, Transport Scotland and debt collection contractors.

How long do we keep your information for?
We only retain your personal information for the minimum amount of time necessary to enable to effective enforcement of the LEZ.

Images captured on ANPR cameras and downloaded to Videalert for processing are not retained if found to be compliant or subject to an exemption. All images and other evidence which allows the Council to progress enforcement activities will be retained for 90 days before being destroyed. The only exception will be evidence containing personal details that are required to be retained longer for the purposes of appeals, penalty processing or transfer to debt collection contractors. This information will be retained for 7 years.

The council maintains a records retention and disposal schedule which sets out how long we hold different types of information for.   This is available on the council's website or you can request a hard copy from the contact address above.

Your rights under data protection law:
Access to your information - You have the right to request a copy of the personal information about you that we hold. 

Correcting your information - We want to make sure that your personal information is accurate, complete, and up to date, and you may ask us to correct any personal information about you that you believe does not meet these standards.

Deletion of your information -You have the right to ask us to delete personal information about you were:

  • You consider that we no longer require the information for the purposes for which it was obtained
  • You have validly objected to our use of your personal information - see Objecting to how we may use your information
  • Our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information - You have the right at any time to require us to stop using your personal information for direct marketing purposes. 

Restricting how we may use your information - in some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information.  The right might also apply if we no longer have a basis for using your personal information, but you do not want us to delete the data.  Where this right to validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Information you have given us about other people:
If you provide anyone else's details, please make sure that you have told them that you have given their information to Dundee City Council. We will only use this information to apply an exemption that avoids their details being retained to process an LEZ penalty. If they want any more information on how we will use their information they can visit our webpage.

Profiling or automated decision-making processes:
Automated data processing is used specifically to analyse images of number plates of vehicles captured entering the LEZ at locations where activated ANPR cameras are located. These images are download to and analysed by the Videalert system. Number plates are matched against whitelists of vehicles registered that are exempt from penalty charges.

Complaints:
If you do not have access to the internet, you can contact us on 01382 434206 to request hard copies of any of the above documents.

We aim to directly resolve all complaints about how we handle personal information.  However, you also have the right to lodge a complaint with the Information Commissioner's Office.  Contact details for our Data Protection Officer and for the ICO can be found on our website.

More information:
For more details on how we process your personal information view our privacy statement.