Councillor privacy notice
1 Councillor Contact Details
1.1 West Northamptonshire Council
One Angel Square
2 Information that we hold
Elected Councillors will only be able to look into concerns you raise if they can use your personal information. For example, a Councillor will need your personal information to progress an enquiry related to benefits. If your query relates to your own involvement with the council, then they will also need details of this involvement in order to be able to assist you. When the information is received the Councillor becomes the controller of it under the UK GDPR.
2.1 Councillors collect and process the following information:
- Telephone number
- Date of Birth
- Email address
- Reference numbers such as for a planning application or Council Tax account
In addition, Councillors may sometimes require additional information which the law treats as ‘special’ and which requires more protection due to its sensitivity. This information can include:
- your National Insurance Number
- your signature
- information about your physical or mental health needs
- details of family members
- racial or ethnic origin
- sexuality and sexual life
- religious or philosophical beliefs
- Trade union membership
- political opinions
- genetic and biometric data
- criminal convictions and offences
It will only be necessary to collect this type of information where it is of relevance to the request you are making.
Personal information about you will only be disclosed on a ‘need to know’ basis with the relevant department, organisation and/or individual who is able to provide information to help address or resolve your concern.
A relevant third-party organisation and/or individual will be determined by the nature of the concern you have raised and therefore will vary from case to case.
3 How the information is obtained
- In person such as at surgeries
- Via a constituent contacting their Councillor directly such as by phone, letter or email
- From another Councillor
- From employees working in the Council and/or other public sector, third sector or private sector organisations
- From elected representatives and others in public office
- Via complainants and enquirers
- From relatives, guardians and associates of the constituent they represent
- From business or other contacts
- From the subject of complaints
3.1 In representing constituents, Councillors will from time to time also process personal information relating to:
- Employees working in the Council and/or other public sector, third sector or private sector organisations
- Elected representatives and others in public office
- Complainants and enquirers
- Relatives, guardians and associates of the constituent they represent
- Business or other contacts
- The subject of complaints
3.2 The legal basis relied on for processing personal information in relation to responding to requests from constituents is:
- consent or explicit consent of the constituent making the request (or any other relevant persons where this is appropriate)
- discharging functions as an elected representative for the purpose of responding to requests from constituents where this is permitted, without explicit consent, by law.
- necessary in pursuit of my legitimate interests as an elected representative and those of the constituent and it is assessed these interests override any privacy intrusion involved in processing personal data about other individuals
- a task in the public interest – Councillors are authorised to use your personal information for certain tasks
- legitimate interests – to process your data for my legitimate interests or the legitimate interests of a third party
- substantial public interest
For special category data, such as your medical information, the following conditions will apply:
- explicit consent - this will usually be in writing
- protect vital interests - when you are unable to give consent and you or someone else is at risk of harm
- establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
4 What we do with the information
4.1 Personal information held by Councillors will only be used to progress a constituent enquiry such as a request for advice, guidance or information or to investigate a complaint or enquiry.
4.2 Councillors will pass your details, and the detail of the situation you have sought their help about, to the relevant council officers or other councillors in order to allow the council to look into the issue. In order to fully investigate your issue, the Councillor or relevant council officers, members or portfolio holder may be required to contact external agencies to be able to respond to your enquiry, such as:
- North Northamptonshire Council
- Department for Work & Pensions (DWP)
- National Health Service (NHS)
- Local authorities
Councillors will not pass personal details of constituents who contact them to anyone else, unless required to do so by law or where this is in connection with a criminal investigation
5 How long we keep your information for and how we securely dispose of it after use
5.1 Unless you are advised otherwise Councillors hold personal information on a computer system provided and managed by West Northamptonshire Council. Councillors will keep your personal information for all aspects of processing in line with the council’s retention schedules. Councillors will retain your information for 6 years after your case has been dealt with. Some information, such as scheduling meetings is held for less time. Councillors will securely dispose of your information in line with retention periods.
5.2 We will securely dispose of your information in line with the Council's Retention Schedules.
6 How we store your information
6.1 Your information will be stored securely and will be retained for as long as necessary to provide ongoing advice and assistance.
Reasonable security measures are taken to ensure that personal information within Councillor’s control is protected from accidental loss or alteration, inappropriate access, misuse or theft.
7 Your data protection rights
7.1 The law gives you a number of rights to control what personal information is used by Councillors and how it can be use [processed]. Please see the Council’s Data Protection Policy for further information.
7.2 Please be aware that your rights may differ depending on the lawful basis for processing your personal data.
7.3 The Information Commissioner’s Office (ICO) is responsible for upholding these rights in the UK. For a detailed explanation of all these rights and, the circumstances in which they apply, please visit the ICO website.
8 Who to contact
Councillors will meet the high standards required when collecting, storing and using personal information. Complaints, enquiries and feedback will be taken seriously. Please highlight any concerns or comments you may have in respect of collecting, storage or use of personal information that you believe is unfair, misleading or inappropriate to either your Councillor or the Council’s Data Protection Officer.
8.1 If you would like further information about how Councillors use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact the Data Protection Officer.
8.2 If you are still dissatisfied with how we have used your data once you have made a complaint through the council’s internal complaints procedure you have the right to complain to the ICO.
The ICO’s address:
Information Commissioner’s Office
Helpline number: 0303 123 1113
This privacy notice was completed on 1 April 2021 and will be reviewed at least annually.
Privacy notice reviewed 28 March 2022
The privacy notice review date is April 2023
Last updated 28 March 2022