Privacy notice
Our privacy notice applies to the personal information that Network Rail collects about you, or that you provide to us. It explains how and why we use your personal information, who we disclose it to and how we protect your privacy.
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Introduction
We take your right to privacy seriously and want you to feel comfortable when using our services. Should we ask you to provide certain information by which you can be identified you can be assured that it will only be used in accordance with this privacy notice and only for the reasons you are aware of.
About this Privacy Notice:
- References to we, us or our means Network Rail Limited, Network Rail Infrastructure Limited, Network Rail Consulting Limited, Network Rail (High Speed) Limited and Network Rail Pension Trustee Limited.
- References to you or your means the person accessing and using the website (as defined below) or the person who otherwise provides their personal information to us or about whom we otherwise collect personal information as explained in this privacy notice.
- References to the website means the Network Rail website found at www.networkrail.co.uk
- Personal information is information that is about you and which identifies you.
- We have a separate privacy notice which applies to the personal information that Network Rail collects about employees.
- The website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notices we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This privacy notice supplements the other notices and is not intended to override them.
Who is responsible for the personal information that we collect about you?
We are the data controller for the purpose of UK data protection law, in respect of your personal information collected or obtained as outlined with this privacy notice. This is because we dictate the purpose for which your personal information is used and how we use your personal information.
If you have any questions regarding this privacy notice or the way we use your personal information, you can contact our Data Protection Officer.
What personal information do we hold about you?
We may collect and process the following categories of information about you for different reasons, depending on why you are in touch:
How we will use personal information we hold about you
We will only use your personal information when there is a legal basis for us to do so. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you, for example in relation to job applicants, contractors and suppliers (for the performance of a contract with you).
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (for our legitimate interests or for a third party’s legitimate interests).
- Where we need to comply with a legal or regulatory obligation (to comply with our legal obligations).
- Where we or another person need to do so as part of carrying out a task in the public interest or carrying our public functions which are laid down in law, for example exercising statutory rights and carrying out our legal duties under our network and station licences to operate and maintain the national railway infrastructure) (for the performance of public functions).
- Where you provide us with your express or explicit consent (with your consent).
Your personal information may be used by us, our employees, service providers, and disclosed to third parties for a number of different purposes which we have set out below. For each of these purposes, we have set out the legal basis we rely on to do so.
Please note: We may process your personal information on more than one legal basis depending on the specific purposes for which we are using your personal information. Please contact our Data Protection Officer if you need details about the specific legal basis we are relying on to process your personal information where more than one legal basis has been identified in the table below.
Failure to provide us with your personal information
We may be required to obtain your personal information to comply with our legal obligations or for the performance of our contract with you or to fulfill a request you have made. If you do not provide the relevant personal information to us, we may not be able to enter into the contract with you or properly perform our obligations under it. We may also be unable to fulfill your request.
Where your failure to provide information breaches a legal obligation we may be required to report this to regulators or law enforcement bodies. We will generally notify of the consequences of failing to provide us with required information at the time.
Automated decision making
We do not undertake any processing of your personal information by automated means in order to make decisions about you.
Who we may we disclose your personal information to
We may share your personal information with:
- Our group companies
Other companies and entities within the group of Network Rail Group, which we are a member of. - Our service providers
Our business partners, suppliers, contractors and their sub-contractors for the performance of any contract we enter into with you or for the performance of any contract we enter into with them which relates to our business and under which they deliver works and services to us, including works and services which may involve processing personal information on our behalf such as IT service providers and credit debt recovery agencies. - Third parties involved in engineering and maintenance works and other aspects of railway business
Including train operating companies and third party contractors. - Our banks, insurers, professional advisers and agents
Including our banks, accountants, lawyers, insurers, brokers, agents, consultants and other professional advisers that assist us in carrying out our business activities and public functions. - Governmental, regulatory and legal authorities and third parties involved in legal action
Government departments, governmental agencies, regulatory organisations and justice agencies (including the courts, tribunals, police, security services, Her Majesty’s Revenue and Customs, local authorities, the Home Office, the Office of Rail Regulation, the Information Commissioner, the Health and Safety Executive, and other regulators and law enforcement bodies. - Prospective sellers or buyers of our business and assets or our corporate group
In the event that we sell or buy any part of our business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets. If we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets. - Health professionals and emergency services
In the event of an emergency we may disclose personal information to health and medical professionals and emergency services where the health, safety or security of a person is at risk.
How we protect your personal information
We have put in place appropriate technical and organisational security measures to prevent your personal information from being accidentally lost, altered, used, disclosed or accessed in an unauthorised way. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to access this only and who are subject to a duty of confidentiality. In the case of third party data processors, they will only process your personal information on our instructions and have their own legal obligations under UK data protection law law to protect your personal information and keep it secure.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Where we will transfer your personal information
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), eg:
- With companies within the Network Rail Group with offices outside the EEA
- With your and our service providers located outside the EEA
- If you are based outside the EEA
- Where members of our staff needs to access your personal information remotely while they are travelling outside the EEA
These transfers are subject to special rules under European and UK data protection law. In those circumstances, we undertake an assessment of the level of protection in light of the circumstances surrounding the transfer. We will make sure that any transfers are limited to the minimum amount of personal information possible and will always take steps to ensure that your personal information is adequately protected. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the personal information.
Where necessary we have entered into standard European Commission approved model data protection clauses with [other companies within the Network Rail Group which have offices located outside of the EEA] and with our external service providers and business partners in relation to the services they provide which may involve processing personal information for which we are the data controller from locations outside the EEA.
Our IT support is provided from across the world and when support is provided remotely, your personal information may be accessed from and therefore transferred to that country. If we transfer personal information outside the European Economic Area (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable UK data protection law.
How long we will keep your personal information for
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information we hold, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal personal information (and whether we can achieve those purposes through other means), and the applicable legal requirements.
In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your rights and choices in relation to your personal information
You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the information below for a summary of your rights. You can exercise these rights by contacting the Data Protection Officer.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated of our timescales.
Website cookies and third party links
Website cookies
Cookies are small files that are placed on your computer, tablet or smartphone, by websites and apps that you use.
Visit our cookie policy page to find out more about the cookies we use, what they’re used for and when they expire.
Third party links
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for how they handle your personal information. When you leave our website, we encourage you to read the privacy notice or policy of every website you visit.
Safety and public information digital campaigns
We run marketing campaigns throughout the year to communicate safety and public information messages. As part of these campaigns we run online digital advertising that may use third party personal data to target relevant audiences. Network Rail will not collect any personal information.
We publish advertisements across various media platforms which offer these targeting capabilities. These platforms collect the personal data via cookies on various websites. The data is fully anonymised and no identifiable information is shared with Network Rail at any point in the process. Cookies are also used to evaluate the campaigns, by tracking metrics such as the number of people who engage with the advertisement. This information is also fully anonymised.
Throughout the process we engage third party companies to plan, book, and run the advertisements on our behalf. As the data controller, Network Rail only work with reputable companies who have clear data protection policies and procedures in place, and who are fully compliant with UK General Data Protection Regulation (UK GDPR).
Changes to our privacy notice and your duty to inform us of changes
This privacy notice was last updated in November 2021.
Any changes we make to this privacy notice in the future will be posted on this page and, where appropriate, notified to you by email. The updated privacy notice will take effect as soon as it has been updated or otherwise communicated to you.
Please keep us informed if your personal information changes during your relationship with us.
Contact
Questions, comments and requests regarding data protection matters are welcomed and should be addressed to the Data Protection Officer or select the correct form – Your Rights.
Data Protection Officer
Network Rail
The Quadrant, Elder Gate
Milton Keynes
MK9 1EN