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. 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 Kempley Parish Council (the Council) which is the data controller for your data.
The Council, being a Parish Council, is not a Local Authority for the purposes of GDPR.
Other data controllers the Council works with:
Those the Council have had, or have a reasonable expectation to make, contact with:
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 Section 13 below) or wish to raise a complaint, you should do so directly to the relevant data controller.
The council will process some or all of the following personal data where necessary to perform its tasks:
How we use sensitive personal data
We may process sensitive personal data including, as appropriate:
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:
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:
We use your personal data for some or all of the following purposes:
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. However, the Council is not a Local Authority for the purposes of GDPR.
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 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 Village Green, the bus shelters, or an Easement regarding them.
We will always take into account your interests and rights. This Privacy Notice sets out your rights and the council’s obligations to you.
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):
How do we keep your personal data secure?
Your personal data is held on PC’s, laptops, tablets, smartphones and similar electronic storage devices and their backup media used by the Clerk and Councillors.All such devices are required to be protected by relevant firewalls and access pin codes. In addition, the Clerk uses a lockable filing cabinet for hardcopy documents.
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.
The right to access personal data we hold on you
The right to correct and update the personal data we hold on you
The right to have your personal data erased
The right to object to processing of your personal data or to restrict it to certain purposes only
The right to data portability
The right to withdraw your consent to the processing of any data for which consent was obtained
The right to lodge a complaint with the Information Commissioner’s Office
Transfer of Data Abroad
Your personal data will not be transferred to countries or territories outside the European Economic Area (“EEA”).
Our website is accessible from overseas so on occasion some personal data (for example in a newsletter, agenda or minutes) 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 contact you 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.