Who are we?
Councillors will receive information from Warwick District as a part of their role as a councillor, for example, where they sit on a committee or panel, they will receive information in order to perform this role. In such cases, Warwick District Council is the data controller for this information. Councillors are required to handle the personal information with care and in accordance with the Council’s policies and processes.
In addition, each individual councillor at Warwick District Council is an individual data controller in respect of the casework that they undertake. This privacy notice is intended to give a clear explanation of councillors' data processing practices and how personal information is safeguarded. This privacy notice will be updated from time to time as practices change and as the law requires. To understand how your personal information is processed you may also need to refer to personal communications sent directly to you and the Council’s privacy notice.
What is personal data?
‘Personal data' means any information which relates to an identifiable living person. A person's contact details such as name, phone number, address will be personal data as well as their image. This information will in most cases directly identify an individual. Other information that indirectly identifies an individual will also be personal data. Special category data is information that is regarded as more sensitive in nature and so requires extra care. This is information about:
- ethnic origin;
- political opinions;
- religious or philosophical beliefs;
- trade union membership;
- genetic data;
- biometric data (where this is used for identification purposes);
- health data;
- sex life; or
- sexual orientation.
Personal data relating to criminal convictions and children is also subject to enhanced protection.
What types of personal data do councillors collect?
Depending on the nature of the enquiry, councillors will collect:
- contact details
- dates of birth
Councillors may also collect information about individuals' such as:
Special personal data collected by councillors may include information such as:
- physical and mental health
- trade union memberships
- racial or ethnic origin
- political affiliation
Councillors may also on occasion collect personal data relating to a person's criminal convictions.
Personal data is collected by councillors in a number of different ways such as:
- Community events
Why do Councillors need Personal Data?
Councillors will use personal data to undertake case work on behalf of residents and to represent the interest of the community. Councillors may also use personal information to keep individuals informed about projects and matters that may affect them.
In order to process personal data, councillors must have a lawful basis. Councillors use personal data:
- where it is necessary to do so in the conduct of the tasks that they carry out in the public interest or in the exercise of their official authority
- by consent, where an individual requests that the councillor acts on their behalf
- On some occasions, where there is a legitimate interest. In such a case, councillors will balance the right of the individual to privacy and the right of the councillor to process the personal data and only where the rights of the councillor outweigh the right of the individual will a councillor process information
Councillors process special personal data in circumstances where it is necessary for reasons of substantial public interest.
Councillors may also process information where they are required to do so by law for example for the detection or prevention of a crime.
More guidance on the legal protection afforded to personal data is available on the Information Commissioner's Office's website.
How do councillors share personal data?
Councillors will only share information if it is necessary to deal with the matters raised. They will usually share information with Warwick District Council.
On occasions, councillors may also share information with other councillors and third party agencies including town and parish councils, Warwickshire County Council, other councils, central government, the police, healthcare providers, educational bodies and charities.
In some cases, councillors will share information where they are required to do so by law, for example in the prevention of detection of crime.
How long do councillors keep your personal data?
Personal data will be kept by councillors for as long as it is necessary. Where information is no longer required, councillors will securely dispose of the information.
How do councillors protect your personal data?
The council provides access to services and devices to councillors so that information can be accessed in a secure environment. In addition, councillors will ensure that adequate technical and organisational measures are implemented to safeguard personal data. Councillors must also undertake mandatory data protection training as well as refresher training.
Where do councillors keep personal data?
Councillors will not typically transmit personal data outside of the European Economic Area (EEA). If they have any reason to do so e.g. use of email or cloud computing services with servers based outside the EEA, then they will do so ensuring that appropriate safeguards are in place.
What are the rights of individuals?
Subject to various exceptions and limitations, individuals have the right to access their information, have their information erased, have inaccuracies rectified, have restrictions placed on the use of their data, and have their data sent to somebody else. Individuals have the right to be informed about the use of their data and not to be subject to decision-making solely by a machine.
Individuals also have the right to object to the use of their data for particular purposes.
To exercise your rights, please contact the relevant councillor directly or use the council’s subject access request form.
You also have the right to complain to the Information Commissioner's Office, whose details are as follows:
- Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
- Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
- Website: ico.org.uk