Elected Councillors are the controllers accountable for the processing of personal information in connection with requests received from ward constituents.
In accordance with current data protection legislation, this Privacy Notice provides information about how Elected Councillors process personal information for the purpose of responding to requests from constituents and provides information about the privacy rights of individuals.
What is the role of an elected representative?
Elected Councillors regularly hold advice surgeries and respond to casework and policy queries raised by residents in their ward. In order to provide assistance and respond to these enquires, it is necessary to process personal data relating to the constituent making the request and other individuals who may be involved or identified in the matters raised or during the course of enquiries.
How is personal data processed when responding to requests from constituents?
When you ask an Elected Councillor for help and assistance they will need to collect some information from you. This will generally include personal information such as your name, address and contact information together with details of your problem or concern.
The law treats some types of personal information as ‘special’ because the information requires more protection due to its sensitivity. This includes information about racial or ethnic origin; sexuality and sexual life; religious or philosophical beliefs; trade union membership; political opinions; genetic and bio-metric data; physical or mental health; and criminal convictions and offences. It will only be necessary to collect this type of information where it is relevant to the request you are making. You may be asked to complete a Consent Form to confirm that you have asked your Councillor to assist you on a particular matter and for your personal data to be shared as necessary for that purpose.
The personal information you provide and Elected Councillors may receive from organisations or individuals in the course of enquiries, will only be used to progress the problem or concern you have raised. Your personal data will not be used in a way that goes beyond your reasonable expectations.
Is my personal data shared with anyone else?
Personal information about you will only be disclosed on a ‘need to know’ basis to a relevant third party organisation or individual who is able to provide information to help address or resolve your concern. Examples include Cardiff Council, another council or Welsh Government, elected representatives and other holders of public office, landlords, law enforcement agencies and investigating bodies, the media, healthcare, social and welfare advisers or practitioners.
No personal information obtained by Elected Councillors will be further disclosed other than for the purpose of progressing and responding to requests from constituents, unless required by law eg. for crime prevention or detection or the safeguarding of vulnerable children or adults.
Personal information may be stored on behalf of Elected Councillors by the Council on a dedicated part of its secure network. Other than technical and monitoring operations, access and processing is undertaken only in accordance with Elected Councillors instructions.
Any third parties with whom Elected Councillors may share your data are obliged to keep your details securely, and to use your data for purposes already communicated to you.
If you specifically ask an Elected Councillor not to disclose information identifying you to other third parties they may need to contact, they will try to respect that. However, please be aware that it may not be possible to progress a matter for you on an anonymous basis.
When an Elected Councillor’s term of office ends, they may transfer any unresolved requests from you to another ward councillor, unless you tell them not to do so.
How is personal data about other individuals processed in connection with requests from constituents?
In representing constituents, Elected Councillors will from time to time also process personal information relating to:
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employees working in the Council or other public sector, third sector or private sector organisations
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elected representatives and others in public office
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complainants and enquirers
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relatives, guardians and associates of the constituent an Elected Councillor represents
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business or other contacts
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the subject of complaints
What is the legal basis for processing my personal data?
The legal bases relied on for processing personal information in relation to responding to requests from constituents are:
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the implied or explicit consent of the constituent making the request (or any other relevant persons where this is appropriate)
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in the substantial public interest in elected representatives responding to casework requests
- for the performance of a task carried out in the public interest or the exercise of an Elected Councillor’s functions, to carry out casework to support or promote democratic engagement
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in pursuit of an Elected Councillors legitimate interests as an elected representative and those of their constituent, in order to assist in resolving concerns raised with them, when it is assessed that these interests override any privacy intrusion involved in processing personal data about other individuals
Is my personal data transferred beyond the EEA?
Personal information within Elected Councillors control will not be sent beyond the European Economic Area (‘EEA’)
or
Some service providers are located outside of the European Economic Area (EEA) and therefore it may be necessary to transfer your personal data outside of the EEA. Where Elected Councillors do transfer your data outside of the EEA they will make sure that it is protected in the same way as if the data was inside the EEA.
For how long will my personal data be kept?
Following closure of a case, the case papers are usually kept until the end of an Elected Councillor’s term of office or 3 years, unless you ask them to do otherwise or otherwise required by law.
Casework is often revisited to provide the best service and representation for constituents, from whom Elected Councillors may continue to receive correspondence. Therefore, it is reasonable for an elected representative to hold personal data for this length of time.
If an Elected Councillors period of office ends before resolving a constituent’s request, they may transfer the case file to another ward councillor, unless you ask them not to do so.
How is my personal data safeguarded?
Security measures are taken to ensure that personal information within an Elected Councillor’s control is protected from accidental loss or alteration, inappropriate access, misuse or theft.
What rights do I have to my personal data?
At any point while an Elected Councillor is in possession of, or processing, your personal data, you, the data subject, may withdraw your consent for them to process your data.
You also have the following rights:
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Right of access – you have the right to request a copy of the information that Elected Councillors hold about you.
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Right of rectification –you have a right to correct data that Elected Councillors hold about you that is inaccurate or incomplete.
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Right to be forgotten in certain circumstances you can ask for the data Elected Councillors hold about you to be erased from their records.
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Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
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Right of portability – in certain circumstances, you have the right to have the data Elected Councillors hold about you transferred to another organisation.
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Right to object – you have the right to object to certain types of processing, such as direct marketing and automated processing
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Right to complain - if an Elected Councillor refuses your request under rights of access, they will provide you with a reason why. You have the right to complain. If an Elected Councillor is unable to resolve your complaint to your satisfaction, you may complain to the Information Commissioner’s Office (please see contact details below).
You can get in touch with an Elected Councillor by letter, email or telephone, using the
contact details given on the Council’s website.
Please note that Elected Councillors will need to ask for identification if you choose to exercise any of the above rights in relation to your personal data.
The Information Commissioner’s Office (ICO) is responsible for upholding information rights in the UK. For a detailed explanation of all these rights and, the circumstances in which they apply, please visit the
ICO websiteLink opens in a new window.
If you wish to complain to the Information Commissioner the contact details are:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
Email:
casework@ico.org.uk