Councillor privacy notice
Elected Councillors are data controllers and accountable for the processing of personal information in connection with requests received from constituents.
Collection of personal data
Councillors may need to collect personal data in order to process constituent requests for assistance or respond to their enquiries. Councillors will only collect the personal data from constituents that is needed in order to provide them with relevant information, services or support.
When constituents ask for their Councillors' help and assistance, the Councillor will need to collect some information from them.
This will generally include personal information such as name, address and contact information together with details of the problem or concern.
The Councillor may also require personal information known as ‘special’ information. This data requires more protection due to its sensitivity. This information consists of racial or ethnic origin, sexuality and sexual life, religious or philosophical beliefs, trade union membership, political opinions, genetic and bio-metric data, physical or mental health and criminal convictions and offences.
It will only be necessary for Councillors to collect this type of information where it is of relevance to the request the constituent is making.
Basis for processing
The legal basis the Councillor will primarily rely on for processing the personal information in relation to responding to requests from constituents could be either be:
- Consent or explicit consent (or any other relevant persons where this is appropriate), or
- Necessary in pursuit of my legitimate interests as an elected representative and those of constituents (and where it is assessed these interests override any privacy intrusion involved in processing personal data about other individuals), or
- In their performance of a public task as an elected representative for the purpose of responding to requests from you where this is permissible.
The Councillor may also lawfully process constituent’s data where:
- The vital interests of a data subject or of another natural person (where processing of the personal data is done to protect someone’s life).
Councillors may need to pass your personal details and the circumstances of your query/complaint to Council officers in order to allow the Council to look into the issue. Personal details of constituents will not be passed on to anyone else unless required to do so by law or where this is in connection with a criminal investigation.
If you have contacted your Councillor about a personal or policy issue, your personal data may be passed on to a 3rd party in the course of dealing with your request or query, such as local authorities, government agencies, public bodies, health trusts and regulators. Any third parties with whom data is shared with are obliged to keep these details securely, and to only use the data for purposes already communicated.
In any event, the Councillors will not use constituents personal data in a way that goes beyond reasonable expectations.
Constituents can specifically ask their Councillor to not disclose information identifying the constituent to other third parties However, please be aware that it may not be possible to progress a matter for you on an anonymous basis.
Councillors will never sell constituents data onto third parties.
Keeping data safe
Councillors will take reasonable security measures to ensure personal information within their control is protected from accidental loss or alteration, inappropriate access, misuse or theft.
Providing accurate information
Councillors need to hold accurate and up to date information about constituents so that appropriate services can be delivered. If any of details change please inform your Councillor as soon as possible so that records can be updated.
Councillors will not send or store constituents data abroad unless it meets the requirements of the Data Protection regulations.
How long data is kept
Councillors will process personal data until the issue is resolved your issue and store electronic data and paper records for a minimum of 4 years in line with common practice. This is to allow for build-up of case histories and to return to records when further matters arise.
Constituent are entitled to the following rights:
- Right of access – you have the right to request a copy of the information that is held.
- Right of rectification – you have a right to correct data that is held about if it is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data held to be erased from records.
- Right to restriction of processing – where certain conditions apply you have the right to ask to restrict [quarantine] processing of your data.
- Right of portability – in certain circumstances you have the right to have the data held about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing, such as direct marketing.
- Right to object to automated processing, including profiling – you have the right to ask for a decision made on wholly automated basis which legally affects you to be reviewed by a human being.
Please also refer to the corporate privacy notice for more information on data protection and your rights.
If you are dissatisfied with how Councillors have used your personal information, you can complain to the Information Commissioner’s Office.
You can also contact the Council’s Data Protection Officer Katrina Waite at firstname.lastname@example.org.