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Flood and water management: ordinary water course privacy statement

Who we are

We are the Flood and Water Management Service within Kent County Council (KCC). KCC collect, use and is responsible for certain personal data (information) about you. KCC is regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and is responsible as the ‘Data Controller’ of that personal information for the purposes of those laws.  Our Data Protection Officer is Benjamin Watts.

Ordinary Water Courses

We aim to provide you with the highest quality service whilst you are accessing our services. To do this, we must keep records about you and the services we provide for you. We aim to maintain high standards, adopt best practice for our record keeping and regularly check and report on how we are doing.

Under the GDPR, we must be transparent and provide accessible information to individuals about how we will use your personal information.

What is a ‘Data Controller’?

A ‘Data Controller’ decides why and how your data is processed.

Processing is anything that is done with personal information including collecting, recording, structuring, storing, adapting, altering, retrieving, consulting, use and disclosure.

Our staff are trained to handle your information correctly and protect your privacy. Staff will only share relevant information with other departments within KCC or where required to by law and with sound legal basis.

Personal information we collect and use

You are providing your personal details which include:

  • your name
  • your address
  • your contact details (landline and mobile telephone numbers and/or email address).

How and why are we processing your personal information?

We use your personal details to:

  • process your application in accordance with Section 23, Land Drainage Act 1991
  • process or release ordinary watercourse consent information to third parties, their agents or representatives (for example the environment agency, a local authority, the emergency services, a member of the public or a water company), to the extent that it is necessary and only in relation to:
    • environmental matters;
    • to carry out research into environmental issues;
    • to provide information from the public register;
    • to prevent anyone from breaking environmental law and investigate cases where environmental law may have been broken;
    • to assess whether customers are satisfied with our service and improve it where necessary; and,
    • respond to requests for information under the General Data Protection Regulation 2018 and the Environmental Information Regulations 2004 (if the GDPR allows)
    • (less commonly) respond to complaints, seek legal advice or bring or defend legal proceedings.

We rely on the following lawful grounds for processing your personal data:

  • compliance with a legal obligation
  • to perform a task carried out in the public interest or in the exercise of official authority.

How long we store your personal information

Your completed application and any other personal information (for example, in a land drainage consent form) will be stored securely for 6 years, after which time, it will be permanently deleted (whether successful or not).

Who we share your personal information with

We share your information with third parties such as the environment agency, a local authority, the emergency services, a member of the public or a water company.

We will share personal information with law enforcement or other authorities if required by applicable law.

Your rights

You have the right to:

  • request a copy of the personal information which we hold about you
  • be informed how your personal information is being processed and why it is being processed
  • request that KCC corrects any personal information if it is found to be inaccurate, incomplete or out of date
  • request a restriction be placed on further processing where there is a dispute in relation to the accuracy or processing of your personal information or when KCC no longer requires it, but you need it to exercise your legal rights
  • object to the processing of personal information (where it is used on the grounds of it being necessary for the performance of a task in the public interest, unless KCC has a compelling legitimate ground for processing it (including for legal claims/defence)
  • lodge a complaint with the Information Commissioner’s Office (ICO) if you are unhappy about how we have handled your personal data.

Requesting access to your personal information

You have a right of access to the information we hold about you. If you would like to make a request for access, please contact: Information Resilience and Transparency Team, Room 2.71, Sessions House, Maidstone, Kent, ME14 1XQ or email on dataprotection@kent.gov.uk

You can also visit the KCC website if you need more information about how KCC use and store your information.

If you have a concern about the way we are collecting or using your personal information, you should raise your concern with us in the first instance. You have the right to lodge a complaint with the Information Commissioner’s Office's website, or by calling 0303 123 1113.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk or by writing to the Data Protection Officer at Sessions House, Maidstone, Kent ME14 1XQ.