DfI Roads Claims Unit - Privacy Notice

Data Controller:

DfI Roads Claims Unit
James House
2 - 4 Cromac Avenue
Belfast
BT7 2JA

• Telephone: 02890 541409
• Email: claimsunit@infrastructure-ni.gov.uk

DfI Data Protection Office
James House
2 - 4 Cromac Avenue
Belfast
BT7 2JA

• Telephone: 02890 540806
• Email: dfigdpr@infrastructure-ni.gov.uk

Why are you processing my personal information?

• To effecively deal with the claim you have made against the Department it is necessary for us to process your personal information.
• The Roads (Northern Ireland) Order 1993 confers on individuals the right to claim compensation if the Department has been in breach of its statutory duty. It also details the conditions on which the Department can defend claims. The processing of your personal information is necessary for the performance of a task carried out in the public interest and is implicit in our legislative ability to defend claims.
• If your claim occurred at work whilst you were employed by the Department, your personal information will be processed to determine if the Department has failed in its dues as an employer under the current Health & Safety regulations.

What categories of personal data are you processing?

• Personal data – including your name, address, date of birth, National Insurance Number, employer, vehicle registration details, details of any benefits you received and bank details if an offer of compensation is made. Our lawful basis for processing this under the UK GDPR are Articles 6(1)(c) and 6(1)(e).
• Special category personal data – including details relating to any injuries you sustained or medical evidence that you intend to rely on to support your claim. In addition, it may be necessary to determine if you have a criminal record. These are necessary for the establishment, exercise or defence of legal claims, and meet the lawful basis for processing special category data under Article 9(2)(f) of the UK GDPR.

Where do you get my personal data from?

• You
• Department for Communities
• Motor Insurers’ Bureau (MIB)
• Loss Adjustor services
• Private Investigators
• Solicitors
• Compensation Services in the Department of Jusce
• Hospitals/GPs/Medical Consultants
• Driver Vehicle Agency (DVA)
• Other members of the public
• The internet
• Any other bodies you may have claimed against but who believe the Department for Infrastructure are responsible

Do you share my personal data with anyone else?

Yes. Should legal proceedings issue on your claim, or should we require specific legal advice about aspects of your claim, we will share your personal data with our legal representatives. For personal injury claims, this will include any medical evidence that you have supplied to DfI Roads Claims Unit.

Under the Social Security (Recovery of Benefits) (NI) Order of 1997 and the Health and Personal Social Services Act (NI) 2001, this unit is required to supply certain information about every personal injury claim to the Department for Communities. The details about you, the accident and of injuries/loss are provided. Your claim cannot be progressed without that information.

In addition, insurers and other compensators maintain a register of claims for compensation for personal injury to enable the exchange of information with each other to prevent fraudulent claims. The register is operated by the Motor Insurers’ Bureau. This claim information will be made available to other Insurers/Compensators who are members of the register. A list of participants is available from the London office of the Association of British Insurers.

If the Department must employ a loss adjuster to determine the value of your claim, it will be necessary for us to provide them with your personal contact information together with details of the damage you have sustained.

If we require any medical evidence relating to injuries you sustained we will always seek your consent before contacting your GP or hospital. Likewise, if we commission an independent medical report, this will be arranged with you/your solicitor and will only take place with your active participation. In both instances, it will be necessary to provide your personal information.

For personal injury claims we will contact Compensation Services in the Department of Justice to ascertain if they are owed money as a result of a criminal offence. The information shared with Compensation Services will be basic personal information such as your name, address and date of birth.

If the Department engages a Private Investigator in relation to your claim, it will be necessary to share some of your personal information with them such as your name and address. However, this will be done in accordance with the Regulation of Investigatory Powers Act 2000.

Following the conclusion of our investigations, it may be that the Department is not the body responsible for your claim. In such circumstances, if we are able to determine the responsible body, we may pass the initial claim details you provided to that responsible body and ask that they deal with your claim. These other bodies could be other Departments or agencies, contractors working on behalf of the Department, the Housing Executive, councils, consent/permit/licence holders, utilities or other statutory undertakers.

Any suspected fraudulent claims are reported to the Police Service of Northern Ireland.

Do you transfer my personal data to other countries?

No.

How long do you keep my personal data?

Personal information is kept for 7 years following the conclusion of your claim. This is in line with our Retention and Disposal Schedule.

What rights do I have?

• You have the right to obtain confirmation that your data is being processed.
• You have the right to access to your personal data.
• You are entitled to have personal data rectified if it is inaccurate or incomplete.
• You have the right to object to the processing of your information. However, this may mean that your claim for compensation cannot be dealt with.

How do I complain if I am not happy?

If you are unhappy with any aspect of this privacy notice, or how your personal information is being processed, please contact the Data Protection Officer:

Data Protection Office
James House
2 - 4 Cromac Avenue
Belfast
BT7 2JA

• Telephone: 02890 540806
• Email: dfigdpr@infrastructure-ni.gov.uk

If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

• Email: casework@ico.org.uk
• Website: https://ico.org.uk/global/contact-us/

Last updated June 2024