GENERAL PRIVACY NOTICE
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 Northwich Town 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
• Other not for profit entities
• 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.
1) 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.
2) 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.
3) 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).
4) 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.
5) 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.
6) 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).
7) 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.
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 http://northwichtowncouncil.gov.uk This Notice was last updated in February 2018.
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, Northwich Town Council
INFORMATION SECURITY POLICY
PRINCIPLES & PURPOSE
This Policy sets out the Council’s commitment to information security within the Council and provides clear direction on responsibilities and procedures.
Northwich Town Council is a Data Controller, as defined under the Data Protection Act 1998, and has registered as such with the Information Commissioner’s Office.
System Security Processes and Procedures
The Council will provide and maintain security processes and procedures for all key information systems’. The procedures will uphold the principles of confidentiality, integrity, availability and suitability and be assessed for their impact upon other systems and services.
The security procedures will provide preventative measures to reduce the risks to the system, the information held within the system and the service it supports.
A Continuity plan will be developed and maintained for each system to ensure the principles are sustained and enable the continuation of services following failure or damage to systems or facilities.
The Clerk will be responsible for the implementation and promotion of the procedures.
Adequate and practical access controls will be provided in all areas in which personal and business data is stored or used. Unattended rooms should be secured at all times with locked doors as a minimum security requirement.
All documents disclosing identifiable information will be transported in sealed containers eg envelopes.
Within their level of authority, staff will be responsible for minimising the risk of theft or vandalism of the data and equipment through common-sense precautions. In particular high value equipment such as, laptop computers, should not be left unattended or unsecured and paper records should not be left in public view.
The physical environment in which data and equipment is stored will be suitable and fit for purpose to ensure the safety of the data and equipment.
All computerised information and systems must be regularly backed up to a secure environment.
All computerised information systems will be password controlled and all passwords will be treated with the strictest confidence and users will not divulge their password to any unauthorised person. All sensitive data will be password protected.
Copyright and licences
The Clerk is responsible for ensuring all computer software packages and non-electronic media for use within an information environment are used in accordance with the terms and conditions of use as set out in the licence agreement.
Disposal and movement of equipment and media
Any media or IT equipment disposed of by the Council will not contain any data or codes that could allow an individual to be identified from it. The disposal of equipment will be made under a controlled and documented environment satisfying the requirements of the Data Protection Act 1998. The disposal of media such as disks and memory sticks must ensure that data cannot be recovered. Disposal of such media through the “everyday” waste collection is not permitted. The Council will implement processes to ensure appropriate disposal of such media.
An inventory of all Council computer equipment will be maintained. Details of any equipment or media disposed of or relocated (other than portable equipment) must be recorded.
Computer users have responsibility for the security of the equipment in their care and shall not commit an act to compromise the data or Information Security Policy.
Computer users will be made aware of their responsibilities through this policy
Staff and Councillors’ Responsibilities
The Council will make every reasonable effort to ensure that staff and councillors are aware of their responsibilities for the security of information. However, each councillor or member of staff is responsible for ensuring that Security Policy is adhered to and report any breaches of security.
Incidents affecting security must be reported to the Clerk as quickly as possible.
Adopted: …February 2018……………………………..
Data Protection Policy 2018
Northwich Town Council is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, residents, and other individuals for a variety of purposes.
This policy sets out how we seek to protect personal data and ensure that we understand the rules governing the use of the personal data to which we have access in the course of delivering our services. In particular, this policy requires staff to ensure that the Data Protection Officer (DPO) be consulted before any significant new data processing activity is initiated to ensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and service development purposes including the following:
– Compliance with our legal, regulatory requirements and good practice including compliance with employment contracts
– Gathering information to enable us to deliver our services
– Operational reasons, such as recruitment, recording transactions, training, security vetting,
– Investigating complaints and responding to enquiries
– Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
– Monitoring staff conduct, disciplinary matters
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data we gather may include: individuals’ phone number, home address, email address, educational background, financial and pay details, details of education and skills, marital status, nationality, and CV.
Special categories of personal data
Special categories of data include information about an individual’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information —any use of special categories of personal data should be strictly controlled in accordance with this policy.
‘Data controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
This is the national body responsible for data protection. The supervisory authority for our organisation is the Information Commissioners Office.
This policy applies to all staff and councillors, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use, and document retention We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated before being adopted.
Northwich Town Council shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. You are responsible for keeping a written record of how all the data processing activities you are responsible for comply with each of the Principles. This must be kept up to date and must be available to the DPO for auditing compliance with this policy.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we must demonstrate compliance. You are responsible for understanding your particular responsibilities to ensure we meet the following data protection obligations:
• Fully implement all appropriate technical and organisational measures
• Maintain up to date and relevant documentation on all processing activities
• Conducting data audits and risk assessments including Privacy Impact Assessments where these are required
• Implement measures to ensure privacy by design and default:
o Data minimisation
o Pseudonymisation where this is identified as necessary
o Allowing individuals to monitor processing
o Creating and improving security and enhanced privacy procedures on an ongoing basis
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless we have a lawful basis for processing the personal data.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first principle and will be unlawful. Data subjects have the right to have any data unlawfully processed erased
Northwich Town Council is classified as a data controller (and we also process data). We must maintain our appropriate registration with the Information Commissioners Office in order to continue lawfully controlling and processing data.
If you are in any doubt about how we handle data, contact the DPO for clarification.
Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data you are responsible for managing has a written lawful basis approved by the DPO. It is your responsibility to check the lawful basis for any data you are working with and ensure all of your actions comply with the lawful basis. At least one of the following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
The processing is necessary to fulfil or prepare a contract for the individual.
3. Legal obligation
We have a legal obligation to process the data (excluding a contract).
4. Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
5. Public Task
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
6. Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
Deciding which condition to rely on
If you are making an assessment of the lawful basis, you must first establish that the processing is necessary. This means the processing must be a targeted, appropriate way of achieving the stated purpose. You cannot rely on a lawful basis if you can reasonable achieve the same purpose by some other means.
Remember that more than one basis may apply, and you should rely on what will best fit the purpose, not what is easiest.
Consider the following factors and document your answers:
• What is the purpose for processing the data?
• Can it reasonably be done in a different way?
• Is there a choice as to whether or not to process the data?
• Who does the processing benefit?
• After selecting the lawful basis, is this the same as the lawful basis the data subject would expect?
• What is the impact of the processing on the individual?
• Are you in a position of power over them?
• Are they a vulnerable person?
• Would they be likely to object to the processing?
• Are you able to stop the processing at any time on request, and have you factored in how to do this?
Our commitment to the first Principle requires us to document this process and show that we have considered which lawful basis best applies to each processing purpose, and fully justify these decisions.
We must also ensure that individuals whose data is being processed by us are informed of the lawful basis for processing their data, as well as the intended purpose. This should occur via a privacy notice. This applies whether we have collected the data directly from the individual, or from another source.
If you are responsible for making an assessment of the lawful basis and implementing the privacy notice for the processing activity, you must have this reviewed by the DPO.
Special categories of personal data
What are special categories of personal data?
Previously known as sensitive personal data, this means data about an individual which is more sensitive, so requires more protection. This type of data could create more significant risks to a person’s fundamental rights and freedoms, for example by putting them at risk of unlawful discrimination. The special categories include, for example, information about an individual’s:
• ethnic origin
• trade union membership
In most cases where we process special categories of personal data we will require the data subject’s explicit consent to do this unless exceptional circumstances apply or we are required to do this by law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will need to clearly identify what the relevant data is, why it is being processed and to whom it will be disclosed.
The condition for processing special categories of personal data must comply with the law. If we do not have a lawful basis for processing special categories of data that processing activity must cease.
• Analysing and documenting the type of personal data we hold
• Checking procedures to ensure they cover all the rights of the individual
• Identify the lawful basis for processing data
• Ensuring consent procedures are lawful
• Implementing and reviewing procedures to detect, report and investigate personal data breaches
• Store data in safe and secure ways
• Assess the risk that could be posed to individual rights and freedoms should data be compromised
• Fully understand your data protection obligations
• Check that any data processing activities you are dealing with comply with our policy and are justified
• Do not use data in any unlawful way
• Do not store data incorrectly, be careless with it or otherwise cause us to breach data protection laws and our policies through your actions
• Comply with this policy at all times
• Raise any concerns, notify any breaches or errors, and report anything suspicious or contradictory to this policy or our legal obligations without delay
Responsibilities of the Data Protection Officer
• Keeping the council updated about data protection responsibilities, risks and issues
• Reviewing all data protection procedures and policies on a regular basis
• Reviewing the data inventory
• Conducting internal audits of compliance with the GDPR
• Answering questions on data protection from staff and councillors
• Checking and approving data processing agreements with third parties
• Supporting the completion of Privacy Impact Assessments
• Investigating and reporting data breaches
IT Security Responsibilities
• Ensure all systems, services, software and equipment meet acceptable security standards
• Checking and scanning security hardware and software regularly to ensure it is functioning properly
• Researching third-party services, such as cloud services the council is considering using to store or process data
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that information is inaccurate you should record the fact that the accuracy of the information is disputed and inform the DPO.
You must keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, contracts must be implemented with those third-party organisations including specific data security arrangements.
Storing data securely
• In cases when data is stored on printed paper, it should be kept in a secure place where unauthorised personnel cannot access it
• Printed data should be shredded when it is no longer needed with reference to the time limits in the council’s Document Retention Policy
• Data stored on a computer should be protected by strong passwords that are changed regularly. We encourage all staff to use a password manager to create and store their passwords.
• Data stored on CDs or memory sticks or plug in hard drives must be encrypted or password protected and locked away securely when they are not being used
• The DPO must approve any cloud used to store data
• Servers containing personal data must be kept in a secure location, away from general office space, and protected by security software
• Data should be regularly backed up in line with the council’s backup procedures
• Personal Data should never be saved directly to mobile devices such as laptops, tablets or smartphones
• All possible technical measures must be put in place to keep data secure
• We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines as specified in our data retention policy.
Transferring data internationally
There are restrictions on international transfers of personal data outside the EEA. You must not transfer personal data abroad, or anywhere else outside of normal rules and procedures without first securing an opinion from the DPO.
Rights of individuals
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
1. Right to be informed
• Providing privacy notices which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
• Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
2. Right of access
• Enabling individuals to access their personal data and supplementary information
• Allowing individuals to be aware of and verify the lawfulness of the processing activities
3. Right to rectification
• We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
• This must be done without delay, and no later than one month. This can be extended to two months with permission from the DPO.
4. Right to erasure
• We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
5. Right to restrict processing
• We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
• We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability
• We must provide individuals with their data so that they can reuse it for their own purposes or across different services.
• We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
7. Right to object
• We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
• We must respect the right of an individual to object to direct marketing, including profiling.
• We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
8. Rights in relation to automated decision making and profiling
• We must respect the rights of individuals in relation to automated decision making and profiling.
Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
When to supply a privacy notice
A privacy notice must be supplied at the time the data is obtained if obtained directly from the data subject. If the data is not obtained directly from the data subject, the privacy notice must be provided within a reasonable period of having obtained the data, which mean within one month.
If the data is being used to communicate with the individual, then the privacy notice must be supplied at the latest when the first communication takes place.
If disclosure to another recipient is envisaged, then the privacy notice must be supplied prior to the data being disclosed.
What to include in a privacy notice
Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided free of charge and must be written in clear and plain language, particularly if aimed at children
The following information must be included in a privacy notice to all data subjects:
• Identification and contact information of the data controller and the data protection officer
• The purpose of processing the data and the lawful basis for doing so
• The legitimate interests of the controller or third party, if applicable
• The right to withdraw consent at any time, if applicable
• The category of the personal data (only for data not obtained directly from the data subject)
• Any recipient or categories of recipients of the personal data
• Detailed information of any transfers to third countries and safeguards in place
• The retention period of the data or the criteria used to determine the retention period, including details for the data disposal after the retention period
• The right to lodge a complaint with the ICO, and internal complaint procedures
• The source of the personal data, and whether it came from publicly available sources (only for data not obtained directly from the data subject)
• Any existence of automated decision making, including profiling and information about how those decisions are made, their significances and consequences to the data subject
• Whether the provision of personal data is part of a statutory of contractual requirement or obligation and possible consequences for any failure to provide the data (only for data obtained directly from the data subject)
Subject Access Requests
What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their personal data and supplementary information which means the information which should be provided in a privacy notice.
How we deal with subject access requests
We must provide an individual with a copy of the information the request, free of charge. This must occur without delay, and within one month of receipt. We endeavour to provide data subjects access to their information in commonly used electronic formats, and where possible, provide direct access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months, but the individual must be informed within one month. You must obtain approval from the DPO before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can request the individual specify the information they are requesting. This can only be done with express permission from the DPO.
Once a subject access request has been made, you must not change or amend any of the data that has been requested. Doing so is a criminal offence.
Right to erasure
What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following circumstances:
• Where the personal data is no longer necessary in relation to the purpose for which it was originally collected and / or processed
• Where consent is withdrawn
• Where the individual objects to processing and there is no overriding legitimate interest for continuing the processing
• The personal data was unlawfully processed or otherwise breached data protection laws
• To comply with a legal obligation
• The processing relates to a child
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in the following circumstances:
• To exercise the right of freedom of expression and information
• To comply with a legal obligation for the performance of a public interest task or exercise of official authority or the comply with a contract
• For public health purposes in the public interest
• For archiving purposes in the public interest, scientific research, historical research or statistical purposes
• The exercise or defence of legal claims
If personal data that needs to be erased has been passed onto other parties or recipients, they must be contacted and informed of their obligation to erase the data. If the individual asks, we must inform them of those recipients.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular situation. We must cease processing unless:
• We have legitimate grounds for processing which override the interests, rights and freedoms of the individual.
• The processing relates to the establishment, exercise or defence of legal claims.
We must always inform the individual of their right to object at the first point of communication, i.e. in the privacy notice. We must offer a way for individuals to object online.
The right to restrict automated profiling or decision making
We may only carry out automated profiling or decision making that has a legal or similarly significant effect on an individual in the following circumstances:
• It is necessary for the entry into or performance of a contract.
• Based on the individual’s explicit consent.
• Otherwise authorised by law.
In these circumstances, we must:
• Give individuals detailed information about the automated processing.
• Offer simple ways for them to request human intervention or challenge any decision about them.
• Carry out regular checks and user testing to ensure our systems are working as intended.
The right to data portability
We must provide the data requested in a structured, commonly used and machine-readable format. We must provide this data either to the individual who has requested it, or to the data controller they have requested it be sent to. This must be done free of charge and without delay, and no later than one month. This can be extended to 2 months for complex or numerous requests, but the individual must be informed of the extension within 1 month and you must get an opinion from the DPO first.
Using third party controllers and processors
As a data controller we must have written contracts in place with any third party data processors that we use. The contract must contain specific clauses which set out our and their liabilities, obligations and responsibilities.
As a data controller, we must only appoint processors who can provide sufficient guarantees under GDPR and that the rights of data subjects will be respected and protected.
As a data processor, we must only act on the documented instructions of a controller. We acknowledge our responsibilities as a data processor under GDPR and we will protect and respect the rights of data subjects.
Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses which are available. Our contracts with data processors must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, our contracts must include terms that specify:
• Acting only on written instructions
• Those involved in processing the data are subject to a duty of confidence
• Appropriate measures will be taken to ensure the security of the processing
• Sub-processors will only be engaged with the prior consent of the controller and under a written contract
• The controller will assist the processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR
• The processor will assist the controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments
• Delete or return all personal data at the end of the contract
• Submit to regular audits and inspections, and provide whatever information necessary for the controller and processor to meet their legal obligations.
• Nothing will be done by either the controller or processor to infringe on GDPR.
Criminal offence data
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such.
Audits, monitoring and training
Regular data audits to manage and mitigate risks will inform the data inventory. This contains information on what data is held, where it is stored, how it is used, who is responsible and any further regulations or retention timescales that may be relevant. You must conduct a regular data audit to ensure an up to date data inventory is maintained and make this available to the DPO.
Everyone must observe this policy. The DPO will carry out periodic internal audits to monitor compliance of the council with this policy. The council will keep this policy under review and amend or change it as required. You must notify the DPO of any breaches of this policy. You must comply with this policy fully and at all times.
You will receive adequate training on provisions of data protection law specific for your role. You must complete all training as requested. If you move role or responsibilities, you are responsible for requesting new data protection training relevant to your new role or responsibilities.
If you have queries on data protection matters, contact the DPO.
Any breach of this policy or of data protection laws must be reported as soon as practically possible. This means as soon as you have become aware of a breach. The council has a legal obligation to report any data breaches to the ICO within 72 hours.
All members of staff have an obligation to report actual or potential data protection compliance failures. This allows us to:
• Investigate the failure and take remedial steps if necessary
• Maintain a register of compliance failures
• Notify the ICO of any compliance failures that are material either in their own right or as part of a pattern of failures
Any member of staff who fails to notify of a breach or is found to have known or suspected a breach has occurred but has not followed the correct reporting procedures will be liable to disciplinary action.
Failure to comply
We take compliance with this policy very seriously. Failure to comply puts both you and the organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to disciplinary action under our procedures.
Making Information Available
The Publication Scheme is a means by which the Council can make a significant amount of information available routinely, without waiting for someone to specifically request it. The scheme is intended to encourage local people to take an interest in the work of the Council and its role within the community.
In accordance with the provisions of the Freedom of Information Act 2000, this Scheme specifies the classes of information which the Council publishes or intends to publish. It is supplemented with an Information Guide which will give greater detail of what the Council will make available and hopefully make it easier for people to access it.
All formal meetings of Council and its committees are subject to statutory notice being given on notice boards, the Website and sent to the local media. The Council publishes an annual programme in May each year. All formal meetings are open to the public and press and reports to those meetings and relevant background papers are available for the public to see. The Council welcomes public participation and has a public participation session on each Council and committee meeting. Details can be seen in the Council’s Standing Orders, which are available on its Website or at its Offices.
Occasionally, Council or committees may need to consider matters in private. Examples of this are matters involving personal details of staff, or a particular member of the public, or where details of commercial/contractual sensitivity are to be discussed. This will only happen after a formal resolution has been passed to exclude the press and public and reasons for the decision are stated. Minutes from all formal meetings, including the confidential parts are public documents.
The Openness of Local Government Bodies Regulations 2014 requires written records to be made of certain decisions taken by officers under delegated powers. These are not routine operational and administrative decisions such as giving instructions to the workforce or paying an invoice approved by Council but would include urgent action taken after consultation with the Chairman, such as responding to a planning application in advance of Council. In other words, decisions which would have been made by Council or committee had the delegation not been in place.
The 2014 Regulations also amend the Public Bodies (Admission to Meetings) Act 1960 to allow the public or press to film, photograph or make an audio recording of council and committee meetings normally open to the public. The Council will where possible facilitate such recording unless it is being disruptive. It will also take steps to ensure that children, the vulnerable and members of the public who object to being filmed are protected without undermining the broader purpose of the meeting.
The Council will be pleased to make special arrangements on request for persons who do not have English as their first language or those with hearing or sight difficulties.
The Council will as necessary undertake checks on both staff and Members with the the Disclosure and Barring Service and will comply with their Code of Conduct relating to the secure storage, handling, use, retention and disposal of Disclosures and Disclosure Information. It will include an appropriate operating procedure in its integrated quality management system.
The Council has resolved to act in accordance with the Code of Recommended Practice for Local Authorities on Data Transparency (September 2011). This sets out the key principles for local authorities in creating greater transparency through the publication of public data and is intended to help them meet obligations of the legislative framework concerning information.
“Public data” means the objective, factual data on which policy decisions are based and on which public services are assessed, or which is collected or generated in the course of public service delivery.
The Code will therefore underpin the Council’s decisions on the release of public data and ensure it is proactive in pursuing higher standards and responding to best practice as it develops.
The principles of the Code are:
Demand led: new technologies and publication of data should support transparency and accountability
Open: the provision of public data will be integral to the Council’s engagement with residents so that it drives accountability to them.
Timely: data will be published as soon as possible following production.
Government has also issued a further Code of Recommended Practice on Transparency, compliance of which is compulsory for parish councils with turnover (gross income or gross expenditure) not exceeding £25,000 per annum. These councils will be exempt from the requirement to have an external audit from April 2017. (Your Council Name) exceeds this turnover but will never the less ensure the following information is published on its Website for ease of access:
• All transactions above £100.
• End of year accounts
• Annual Governance Statements
• Internal Audit Reports
• List of Councillor or Member responsibilities
• Details of public land and building assets
• Draft minutes of Council and committees within one month
• Agendas and associated papers no later than three clear days before the meeting.