Policy: Privacy

Policy: Privacy

DOCUMENT CONTROL

Author Juliet Cross, Clerk and Responsible Financial Officer
DateVersionStatusDescription
31/08/180.1DraftDraft policy circulated to Councillors for review.
16/08/180.1DraftDraft policy presented to the council meeting on 16 August 2018. Amendments agreed and policy adopted (minute 18.203).
22/09/181.0FinalFinal version circulated to Councillors and uploaded to Council website.
09/05/191.1ReviewPolicy approved with no amendments by new Council at Annual Meeting of the Council held on 09 May 2019 (minute 19.086). Corporate amendments made.
Review Cycle Every four years at the Annual Meeting of the Council after the election of the parish councillors or in response to new or amended statutory requirements. Next review due May 2023. This document must be approved by Full Council.
Legislation and Regulation Data Protection Act 2018General Data Protection Regulation 2018Human Rights Act 1998Chawleigh Parish Council’s relevant documents:Consent formData Protection Law Compliance Action PlanData Subject Access Request FormPrivacy Notice – Residents and members of the publicPrivacy Notice – Staff, councillors and role holdersRetention and Disposal PolicySubject Access Request Policy


INDEX

1.PERSONAL DATA3
2.COUNCIL INFORMATION3
3.PROCESSING PERSONAL DATA3
4.USING SENSITIVE PERSONAL DATA4
5.COMPLIANCE WITH DATA PROTECTION LAW4
6.USE OF PERSONAL DATA5
7.LEGAL BASIS FOR PROCESSING A DATA SUBJECT’S PERSONAL DATA5
8.SHARING PERSONAL DATA6
9.HOW LONG THE COUNCIL WILL KEEP PERSONAL DATA6
10.A DATA SUBJECT’S RIGHTS AND THEIR PERSONAL DATA6
11.TRANSFER OF DATA ABROAD7
12.FURTHER PROCESSING7
13.CHANGES TO THIS POLICY8
14.CONTACT DETAILS8


1. PERSONAL DATA

1.1“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).
1.2The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation 2018 and other legislation relating to personal data and rights such as the Data Protection Act 2018 and the Human Rights Act 1998.

2. COUNCIL INFORMATION

2.1This Privacy Policy is provided by Chawleigh Parish Council (the Council) which is the data controller for the personal data held. Chawleigh Parish Council’s contact address is 28 Four Ways Drive, Chulmleigh, Devon, EX18 7AZ, Email chawleighpc@live.co.uk. Chawleigh Parish Council also operates a website www.chawleighpc.btck.co.uk. No user’s personal information is collected.
2.2Other data controllers the Council works with include: Other data controllers, such as local authorities, public authorities, central government and agencies such as HMRC and DVLA Community groupsCharitiesOther not-for-profit entitiesContractors
2.3The Council may need to share personal data it holds with the other data controllers so that they can carry out their responsibilities to the Council.  If the Council and the other data controllers listed above are processing a data subject’s data jointly for the same purposes, then the Council and the other data controllers may be “joint data controllers” who are all collectively responsible to the data subject for their data. Where each of the parties listed above are processing a data subject’s data for their own independent purposes then each party will be independently responsible to the data subject and if the data subject has any questions, wishes to exercise any of their rights (see below) or wishes to raise a complaint, they should do so directly to the relevant data controller.

3.   PROCESSING PERSONAL DATA

3.1The 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 the Council, or where a data subject provides them to the Council, the Council may process information such as gender, age, marital status, nationality, education/work history, academic/professional qualifications, hobbies, family composition, and dependants;Where a data subject pays 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 the Council processes 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.

4. USING SENSITIVE PERSONAL DATA

4.1The Council may process sensitive personal data relating to staff, councillors and role holders including, as appropriate: information about a data subject’s physical or mental health or condition in order to monitor sick leave and take decisions on their fitness for work;a data subject’s 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 General Data Protection Regulation as “Special categories of data” and require higher levels of protection. The Council needs to have further justification for collecting, storing and using this type of personal data.
4.2The Council may process special categories of personal data in the following circumstances: In limited circumstances, with a data subject’s explicit written consent.Where the Council needs to carry out its legal obligations.Where it is needed in the public interest.
4.3Less commonly, the Council may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect a data subject’s interests (or someone else’s interests) and a data subject is not capable of giving their consent, or where they have already made the information public.
4.4In limited circumstances, the Council may approach a data subject for their written consent to allow the Council to process certain sensitive personal data.  If the Council does so, it will provide the data subject with full details of the personal data that it would like and the reason it needs it, so that the data subject can carefully consider whether they wish to consent.

5. COMPLIANCE WITH DATA PROTECTION LAW

5.1The Council will comply with data protection law. This says that the personal data it holds about a data subject must be: Used lawfully, fairly and in a transparent way;Collected only for valid purposes that the Council has clearly explained to the data subject and not used in any way that is incompatible with those purposes;Relevant to the purposes the Council has told the data subject about and limited only to those purposes;Accurate and kept up to date;Kept only as long as necessary for the purposes the Council has told the data subject about; andKept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect the data subject’s personal data to protect personal data from loss, misuse, unauthorised access and disclosure.

6. USE OF PERSONAL DATA

6.1The Council will use a data subject’s personal data for some or all of the following purposes: To deliver public services including to understand a data subject’s needs to provide the services that they request and to understand what it can do for them and inform them of other relevant services;To confirm a data subject’s identity to provide some services;To contact a data subject by post, email, telephone or using social media (e.g., Facebook, Twitter, WhatsApp);To help the Council to build up a picture of how it is performing; To prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions;To enable the Council 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 the Council’s own accounts and records;To seek a data subject’s views, opinions or comments;To notify a data subject of changes to the Council’s facilities, services, events and staff, councillors and other role holders; To send a data subject communications which they have requested and that may be of interest to them. 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 CouncilTo allow the statistical analysis of data so the Council can plan the provision of services.
6.2The Council’s processing may also include the use of CCTV systems for the prevention and prosecution of crime.

7. LEGAL BASISNOF PROCESSING A DATA SUBJECT’S PERSONAL DATA

7.1The Council is a public authority and has certain powers and obligations. Most of a data subject’s 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.  The Council will always take into account a data subject’s interests and rights. This Privacy Policy sets out a data subject’s rights and the Council’s obligations to them.
7.2The Council may process personal data if it is necessary for the performance of a contract with a data subject, or to take steps to enter into a contract. An example of this would be processing a data subject’s data in connection with the use of sports facilities, or the acceptance of an allotment garden tenancy.
7.3Sometimes the use of a data subject’s personal data requires their consent. The Council will first obtain the data subject’s consent to that use.  

8. SHARING PERSONAL DATA

8.1The Council will implement appropriate security measures to protect a data subject’s personal information. This section of the Privacy Policy provides information about the third parties with whom the Council will share a data subject’s personal data.
8.2These third parties have an obligation to put in place appropriate security measures and will be responsible to the data subject directly for the manner in which they process and protect the data subject’s personal data. It is likely that the Council will need to share a data subject’s 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”;The Council’s agents, suppliers and contractors. For example, the Council may ask a commercial provider to publish or distribute newsletters on its behalf, or to maintain its database software;On occasion, other local authorities or not-for-profit bodies with which the Council is carrying out joint ventures e.g. in relation to facilities or events for the community.

9. HOW LONG THE COUNCIL WILL KEEP PERSONAL DATA

9.1The Council will keep some records permanently if it is legally required to do so.  It 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.  The Council may have legal obligations to retain some data in connection with its statutory obligations as a public authority. 
9.2The 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).  The Council will retain some personal data for this purpose as long as it believes it is necessary to be able to defend or pursue a claim. 
9.3In general, the Council will endeavour to keep data only for as long as it needs it.  This means that the Council will delete data when it is no longer needed.

10. A DATA SUBJECT’S RIGHTS AND THEIR PERSONAL DATA

10.1With respect to their personal data, data subjects have the rights listed below. When exercising any of the rights listed below, in order to process a data subject’s request, the Council may need to verify their identity for their security.  In such cases, the Council will need a data subject to respond with proof of their identity before they can exercise these rights.
10.2The right to access personal data the Council holds on a data subject At any point a data subject can contact the Council to request the personal data it holds on the data subject as well as why the Council has that personal data, who has access to the personal data and where the personal data was obtained from.  Once the Council has received a data subject’s request, it 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.    
10.3The right to correct and update the personal data the Council holds on the data subject If the data the Council holds on a data subject is out of date, incomplete or incorrect, the data subject can inform the Council and their data will be updated.
10.4The right to have a data subject’s personal data erased If a data subject feels that the Council should no longer be using their personal data or that the Council is unlawfully using their personal data, the data subject can request that Council erases the personal data held. When the Council receives a data subject’s request, it will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because the data controller needs it for to comply with a legal obligation).
10.5The right to object to processing of a data subject’s personal data or to restrict it to certain purposes only A data subject has the right to request that the Council stops processing their personal data or ask the Council to restrict processing. Upon receiving the request, the Council will contact the data subject and let them know if it is able to comply or if it has a legal obligation to continue to process the data subject’s data.
10.6The right to data portability A data subject has the right to request that the Council transfers some of their data to another data controller. The Council will comply with the data subject’s request, where it is feasible to do so, within one month of receiving the request.
10.7The right to withdraw a data subject’s consent to the processing at any time for any processing of data to which consent was obtained A data subject can withdraw their consent easily by email or by post (see 14. Contact Details below).
10.8The right to lodge a complaint with the Information Commissioner’s Office A data subject can contact the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 123 1113 Email: https://ico.org.uk/global/contact-us/email/

11. TRANSFER OF DATA ABROAD

11.1Any personal data transferred to countries or territories outside the European Economic Area 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.
11.2The Council’s website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.

12. FURTHER PROCESSING

12.1If the Council wishes to use a data subject’s personal data for a new purpose, not covered by this Privacy Policy, then it will provide the data subject with a new privacy notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.  Where and whenever necessary, the Council will seek the data subject’s prior consent to the new processing.  

13. CHANGES TO THIS POLICY

13.1This Privacy Policy will be kept under regular review and any updates will be placed on the Council’s website www.chawleighpc.btck.co.uk.

14. CONTACT DETAILS

14.1For any questions about this Privacy Policy or the personal data the Council holds or to exercise all relevant rights, queries or complaints contact: The Data Controller, Lapford Parish Council, 28 Four Ways Drive, Chulmleigh, Devon, EX18 7AZ Email: chawleighpc@live.co.uk.