Data Protection – Ashwell in Rutland

ASHWELL PARISH COUNCIL – DATA PROTECTION POLICY

Ashwell Parish Council recognises the responsibility to comply with the General Data Protection Regulation 2018 (GDPR). The GDPR regulates the use of personal data, this does not have to be sensitive data, it can be as little as a name and address.

THE GENERAL DATA PROTECTION REGULATION:

The General Data Protection Regulation 2018 says that information provided to people about how we process their personal data must be concise, transparent, intelligible and easily accessible, written in clear and plain language, particularly if addressed to a child and free of charge. As a local authority Ashwell Parish Council has a number of procedures in place to ensure that it complies with the General Data Protection Regulation 2018 when holding personal information. Training to help with compliance with GDPR 2018 is available through Leicestershire and Rutland Association of Local Councils (LRAC) and The National Association of Local Councils (NALC).

When dealing with personal data, Ashwell Parish Council Clerk and Councillors must ensure that:

IT IS PROCESSED FAIRLY AND LAWFULLY This means that information should only be collected from individuals if the Clerk and Councillors have been open and honest about why they want the information.
IT IS PROCESSED FOR SPECIFIED PURPOSES ONLY
IT IS RELEVANT TO WHAT IT IS NEEDED FOR Data will be monitored so that too much or too little is not kept; only data that is needed should be held.
IT IS ACCURATE AND KEPT UP TO DATE Personal data should be accurate, if is not it should be corrected.
IT IS NOT KEPT LONGER THAN IT IS NEEDED
IT IS PROCESSED IN ACCORDANCE WITH THE RIGHTS OF THE INDIVIDUALS This means that individuals must be informed, upon request, of all the information held about them.
IT IS KEPT SECURELY This means that only the Clerk and Councillors can access the data, it should be stored securely so it cannot be accessed by members of the public.

COLLECTING DATA

Ashwell Parish Council recognises its responsibility to be open with people when taking personal details from them. This means that the Clerk and Councillors must be honest about why they want a particular piece of information. If, for example, a member of the public gives their phone number to them, this must only be used for the purpose it has been given and must not be disclosed to anyone else.

STORING AND ACCESSING DATA

Ashwell Parish Council may hold information about individuals such as their addresses and telephone numbers. These are kept in a secure location at the Parish Council Clerk’s residence and are not available for the public to access. All data stored on a computer is to be password protected. Once data is not needed anymore, if it is out of date, or has served its use, it will be shredded or deleted from the computer. The Parish Council is aware that people have the right to access any information that is held about them. If a person requests to see any data that is being held about them,

They must be sent all the information that is being held about them
There must be an explanation of why it has been stored
There must be a list of who has seen it
It must be sent within one month
Requests that are manifestly unfounded or excessive may be refused or a charge made.
If a request is refused, a reason must be given.

If an individual requests that their data is rectified or erased, this will be carried out.

DISCLOSURE OF INFORMATION

If an elected member of the council, for example a councillor needs to access information to help carry out their duties, this is acceptable. They are only able to access as much information as necessary and it should only be used for that specific purpose. If for instance someone has made a complaint about over hanging bush, a councillor may access an address and telephone number of the person who has made the complaint so that they can help with the enquiry. Data should never be used for political reasons unless the data subjects have consented.

CONFIDENTIALITY

Ashwell Parish Council Councillors and Clerk must be aware that when complaints or queries are made, they must remain confidential unless the subject gives permission. When handling personal data it must remain confidential. If a data breach is identified, the Information Commissioners Office (ICO) must be informed and an investigation conducted.

This policy will be reviewed annually, as well as an annual review of the compliance and effectiveness of the policy.

Adopted by Ashwell Parish Council …………7^th June 2018…………………….

ASHWELL PARISH COUNCIL

GENERAL PRIVACY NOTICE – FOR Residents and Members of the Public

Your personal data – what is it?

“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data). The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR) and other legislation relating to personal data and rights such as the Human Rights Act.

Who are we?

This Privacy Notice is provided to you by the ASHWELL PARISH COUNCIL which is the data controller for your data.

Other data controllers the council works with:

[e.g. other data controllers, such as local authorities
Community groups
Charities
Other not for profit entities
Contractors
Credit reference agencies]

We may need to share your personal data we hold with them so that they can carry out their responsibilities to the council. If we and the other data controllers listed above are processing your data jointly for the same purposes, then the council and the other data controllers may be “joint data controllers” which mean we are all collectively responsible to you for your data. Where each of the parties listed above are processing your data for their own independent purposes then each of us will be independently responsible to you and if you have any questions, wish to exercise any of your rights (see below) or wish to raise a complaint, you should do so directly to the relevant data controller.

A description of what personal data the council processes and for what purposes is set out in this Privacy Notice.

The council will process some or all of the following personal data where necessary to perform its tasks:

Names, titles, and aliases, photographs;
Contact details such as telephone numbers, addresses, and email addresses;
Where they are relevant to the services provided by a council, or where you provide them to us, we may process information such as gender, age, marital status, nationality, education/work history, academic/professional qualifications, hobbies, family composition, and dependants;
Where you pay for activities such as use of a council hall, financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers;
The personal data we process may include sensitive or other special categories of personal data such as criminal convictions, racial or ethnic origin, mental and physical health, details of injuries, medication/treatment received, political beliefs, trade union affiliation, genetic data, biometric data, data concerning and sexual life or orientation.

How we use sensitive personal data

We may process sensitive personal data including, as appropriate:
- information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work;
- your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
- in order to comply with legal requirements and obligations to third parties.
These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
We may process special categories of personal data in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations.
- Where it is needed in the public interest.
Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Do we need your consent to process your sensitive personal data?

In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.

The council will comply with data protection law. This says that the personal data we hold about you must be:

Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.

We use your personal data for some or all of the following purposes:

To deliver public services including to understand your needs to provide the services that you request and to understand what we can do for you and inform you of other relevant services;
To confirm your identity to provide some services;
To contact you by post, email, telephone or using social media (e.g., Facebook, Twitter, WhatsApp);
To help us to build up a picture of how we are performing;
To prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions;
To enable us to meet all legal and statutory obligations and powers including any delegated functions;
To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in accordance with best safeguarding practice from time to time with the aim of ensuring that all children and adults-at-risk are provided with safe environments and generally as necessary to protect individuals from harm or injury;
To promote the interests of the council;
To maintain our own accounts and records;
To seek your views, opinions or comments;
To notify you of changes to our facilities, services, events and staff, councillors and other role holders;
To send you communications which you have requested and that may be of interest to you. These may include information about campaigns, appeals, other new projects or initiatives;
To process relevant financial transactions including grants and payments for goods and services supplied to the council
To allow the statistical analysis of data so we can plan the provision of services.

Our processing may also include the use of CCTV systems for the prevention and prosecution of crime.

What is the legal basis for processing your personal data?

The council is a public authority and has certain powers and obligations. Most of your personal data is processed for compliance with a legal obligation which includes the discharge of the council’s statutory functions and powers. Sometimes when exercising these powers or duties it is necessary to process personal data of residents or people using the council’s services. We will always take into account your interests and rights. This Privacy Notice sets out your rights and the council’s obligations to you.

We may process personal data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract. An example of this would be processing your data in connection with the use of sports facilities, or the acceptance of an allotment garden tenancy

Sometimes the use of your personal data requires your consent. We will first obtain your consent to that use.

Sharing your personal data

This section provides information about the third parties with whom the council may share your personal data. These third parties have an obligation to put in place appropriate security measures and will be responsible to you directly for the manner in which they process and protect your personal data. It is likely that we will need to share your data with some or all of the following (but only where necessary):

The data controllers listed above under the heading “Other data controllers the council works with”;
Our agents, suppliers and contractors. For example, we may ask a commercial provider to publish or distribute newsletters on our behalf, or to maintain our database software;
On occasion, other local authorities or not for profit bodies with which we are carrying out joint ventures e.g. in relation to facilities or events for the community.

How long do we keep your personal data?

We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is currently best practice to keep financial records for a minimum period of 8 years to support HMRC audits or provide tax information. We may have legal obligations to retain some data in connection with our statutory obligations as a public authority. The council is permitted to retain data in order to defend or pursue claims. In some cases the law imposes a time limit for such claims (for example 3 years for personal injury claims or 6 years for contract claims). We will retain some personal data for this purpose as long as we believe it is necessary to be able to defend or pursue a claim. In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.

Your rights and your personal data

You have the following rights with respect to your personal data:

When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.

The right to access personal data we hold on you

At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request we will respond within one month.
There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
- The right to correct and update the personal data we hold on you
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
- The right to have your personal data erased
If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it for to comply with a legal obligation).
- The right to object to processing of your personal data or to restrict it to certain purposes only
You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
- The right to data portability
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
- The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
- The right to lodge a complaint with the Information Commissioner’s Office.
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Transfer of Data Abroad

Any personal data transferred to countries or territories outside the European Economic Area (“EEA”) will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. [Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas].

Further processing

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Changes to this notice

We keep this Privacy Notice under regular review and we will place any updates on our web page [ashwellinrutland.uk]. This Notice was last updated in February 2018.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you or to exercise all relevant rights, queries or complaints at:

The Data Controller, [Ashwell Parish Council]

ASHWELL PARISH COUNCIL

PRIVACY NOTICE

For staff*, councillors and Role Holders**

*“Staff” means employees, workers, agency staff and those retained on a temporary or permanent basis

**Includes, volunteers, contractors, agents, and other role holders within the council including former staff*and former councillors. This also includes applicants or candidates for any of these roles.

Your personal data – what is it?

“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photograph, video, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data). The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR”) and other legislation relating to personal data and rights such as the Human Rights Act.

Who are we?

This Privacy Notice is provided to you by ASHWELL PARISH COUNCIL which is the data controller for your data.

The council works together with:

Other data controllers, such as local authorities, public authorities, central government and agencies such as HMRC and DVLA
Staff pension providers
Former and prospective employers
DBS services suppliers
Payroll services providers
Recruitment Agencies
Credit reference agencies

We may need to share personal data we hold with them so that they can carry out their responsibilities to the council and our community. The organisations referred to above will sometimes be “joint data controllers”. This means we are all responsible to you for how we process your data where for example two or more data controllers are working together for a joint purpose. If there is no joint purpose or collaboration then the data controllers will be independent and will be individually responsible to you.

The council will comply with data protection law. This says that the personal data we hold about you must be:

Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.

What data do we process?

Names, titles, and aliases, photographs.
Start date / leaving date
Contact details such as telephone numbers, addresses, and email addresses.
Where they are relevant to our legal obligations, or where you provide them to us, we may process information such as gender, age, date of birth, marital status, nationality, education/work history, academic/professional qualifications, employment details, hobbies, family composition, and dependants.
Non-financial identifiers such as passport numbers, driving licence numbers, vehicle registration numbers, taxpayer identification numbers, staff identification numbers, tax reference codes, and national insurance numbers.
Financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers.
Financial information such as National Insurance number, pay and pay records, tax code, tax and benefits contributions, expenses claimed.
Other operational personal data created, obtained, or otherwise processed in the course of carrying out our activities, including but not limited to, CCTV footage, recordings of telephone conversations, IP addresses and website visit histories, logs of visitors, and logs of accidents, injuries and insurance claims.
Next of kin and emergency contact information
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process and referral source (e.g. agency, staff referral))
Location of employment or workplace.
Other staff data (not covered above) including; level, performance management information, languages and proficiency; licences/certificates, immigration status; employment status; information for disciplinary and grievance proceedings; and personal biographies.
CCTV footage and other information obtained through electronic means such as swipecard records.
Information about your use of our information and communications systems.

We use your personal data for some or all of the following purposes: –

Please note: We need all the categories of personal data in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations.

Making a decision about your recruitment or appointment.
Determining the terms on which you work for us.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee, deducting tax and National Insurance contributions.
Providing any contractual benefits to you
Liaising with your pension provider.
Administering the contract we have entered into with you.
Management and planning, including accounting and auditing.
Conducting performance reviews, managing performance and determining performance requirements.
Making decisions about salary reviews and compensation.
Assessing qualifications for a particular job or task, including decisions about promotions.
Conducting grievance or disciplinary proceedings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.
To monitor your use of our information and communication systems to ensure compliance with our IT policies.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
To conduct data analytics studies to review and better understand employee retention and attrition rates.
Equal opportunities monitoring.
To undertake activity consistent with our statutory functions and powers including any delegated functions.
To maintain our own accounts and records;
To seek your views or comments;
To process a job application;
To administer councillors’ interests
To provide a reference.

Our processing may also include the use of CCTV systems for monitoring purposes.

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal data.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we have entered into with you.
Where we need to comply with a legal obligation.

We may also use your personal data in the following situations, which are likely to be rare:

Where we need to protect your interests (or someone else’s interests).
Where it is needed in the public interest [or for official purposes].

How we use sensitive personal data

We may process sensitive personal data relating to staff, councillors and role holders including, as appropriate:
- information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work;
- your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
- in order to comply with legal requirements and obligations to third parties.
These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
We may process special categories of personal data in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations.
- Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our pension scheme.
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

Do we need your consent to process your sensitive personal data?

We do not need your consent if we use your sensitive personal data in accordance with our rights and obligations in the field of employment and social security law.
In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use personal data relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use personal data relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
[We will only collect personal data about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so.] [Where appropriate, we will collect personal data about criminal convictions as part of the recruitment process or we may be notified of such personal data directly by you in the course of you working for us.]

What is the legal basis for processing your personal data?

Some of our processing is necessary for compliance with a legal obligation.

We may also process data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract.

We will also process your data in order to assist you in fulfilling your role in the council including administrative support or if processing is necessary for compliance with a legal obligation.

Sharing your personal data

Your personal data will only be shared with third parties including other data controllers where it is necessary for the performance of the data controllers’ tasks or where you first give us your prior consent. It is likely that we will need to share your data with:

Our agents, suppliers and contractors. For example, we may ask a commercial provider to manage our HR/ payroll functions , or to maintain our database software;
Other persons or organisations operating within local community.
Other data controllers, such as local authorities, public authorities, central government and agencies such as HMRC and DVLA
Staff pension providers
Former and prospective employers
DBS services suppliers
Payroll services providers
Recruitment Agencies
Credit reference agencies
Professional advisors
Trade unions or employee representatives

How long do we keep your personal data?

Your responsibilities

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

Your rights in connection with personal data

You have the following rights with respect to your personal data: –

The right to access personal data we hold on you

At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request we will respond within one month.
There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
1. The right to correct and update the personal data we hold on you
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
1. The right to have your personal data erased
If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it for to comply with a legal obligation).
1. The right to object to processing of your personal data or to restrict it to certain purposes only
You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
1. The right to data portability
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
1. The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
1. The right to lodge a complaint with the Information Commissioner’s Office.
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Transfer of Data Abroad

Further processing

Changes to this notice

We keep this Privacy Notice under regular review and we will place any updates on our website : ashwellinrutland.uk. This Notice was last updated in February 2018.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you or to exercise all relevant rights, queries or complaints at:

The Data Controller, [Ashwell Parish Council]

Email:

You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.