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GDPR PRIVACY NOTICE

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Bressingham and Fersfield Parish Council
PRIVACY NOTICE FOR PARISH COUNCILLORS AND ROLE HOLDERS*

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1st October 2020 2020.01 New document Draft
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Contents

  1. Personal data
  2. Who we are
  3. Who we work with
  4. How we use personal data
  5. The legal basis for processing your personal data
  6. Sharing your personal data
  7. How long do we keep your personal data?
  8. Your rights and responsibilities and your personal data
  9. Transfer of Data Abroad
  10. Further processing
  11. Changes to this notice
  12. Contact Information

*Includes, Clerk to the Parish Council, volunteers, contractors, agents, and other role holders within the Parish
Council including former staff and former councillors. This also includes applicants or candidates for any of these
roles.

  1. Personal data.
    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.
    “Personal data” is any information about a living individual which allows them to be identified from
    that data e.g. 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 (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).
  2. Who we are.
    This Privacy Notice is provided to you by Bressingham and Fersfield Parish Council (the Parish Council).
    Website: https://bressinghamandfersfield.org
    Address: Bressingham and Fersfield Parish Council, c/o The Clerk to the Parish Council.
    Email: bandf.pc@outlook.com
    The Parish Council complies with Data Protection Law.
    We are a “data controller”
    2
    for the data that we process about you.
    We will always take account of your interests and rights if we process your data.
  3. Who we work with.
    The Parish Council works with:
    • Local authorities, public authorities, central government and agencies such as HMRC and
    DVLA.
    • Former and prospective employers.
    • DBS services suppliers.
    • Payroll services providers.
    • Recruitment Agencies.
    • Credit reference agencies.
    We may need to share personal data we hold with them so that they can carry out their responsibilities
    to the Parish Council and our community.
    The organisations referred to above will sometimes be “joint data controllers”. This means we are all
    responsible to you for how we process your data where for example two or more data controllers are
    working together for a joint purpose.
    If there is no joint purpose, or collaboration, then the data controllers will be independent and will be
    individually responsible to you.
    2 Data Controller is the natural or legal person, public authority, agency or other body which, alone or jointly with
    others, determines the purposes and means of the processing of personal data.3
  4. How we use personal data.
    This Privacy Notice sets out your rights and the Parish Council’s obligations to you.
  5. Data Protection Law says that the personal data we hold about you must be:
    • Used lawfully, fairly and in a transparent way.
    • Collected only for valid purposes that we have clearly explained to you and not used in any
    way that is incompatible with those purposes.
    • Relevant to the purposes we have told you about and limited only to those purposes.
    • Accurate and kept up to date.
    • Kept only for as long as is necessary for the purposes we have told you about.
    • Kept and destroyed securely, including ensuring that appropriate technical and security
    measures are in place to protect your personal data to protect personal data from loss,
    misuse, unauthorised access and disclosure.
  6. What data do we process?
    We need the categories of personal data in the following list primarily to allow us to perform our
    contract with you and to enable us to comply with legal obligations. We only hold the data about
    you from categories in the list that are relevant to our contract with you, your role with us and/or
    our legal obligations.
    • Names, titles, and aliases, photographs.
    • Start date / leaving date
    • Contact details such as telephone numbers, addresses, and email addresses.
    • Where they are relevant to our legal obligations, or where you provide them to us, we may
    process information such as gender, age, date of birth, marital status, nationality,
    education/work history, academic/professional qualifications, employment details, hobbies,
    family composition, and dependents.
    • Non-financial identifiers such as passport numbers, driving licence numbers, vehicle
    registration numbers, taxpayer identification numbers, staff identification numbers, tax
    reference codes, and national insurance numbers.
    • Financial identifiers such as bank account numbers, payment card numbers,
    payment/transaction identifiers, policy numbers, and claim numbers.
    • Financial information such as National Insurance number, pay and pay records, tax code, tax
    and benefits contributions, expenses claimed.
    • Other operational personal data created, obtained, or otherwise processed in the course of
    carrying out our activities, including but not limited to, CCTV footage, recordings of telephone
    conversations, IP addresses and website visit histories, logs of visitors, and logs of accidents,
    injuries and insurance claims.4
    • Next of kin and emergency contact information
    • Recruitment information (including copies of right to work documentation, references and
    other information included in a CV or cover letter or as part of the application process and
    referral source (e.g. agency, staff referral))
    • Location of employment or workplace.
    • Other staff data (not covered above) including level, performance management information,
    languages and proficiency; licences/certificates, immigration status; employment status;
    information for disciplinary and grievance proceedings; and personal biographies.
    • CCTV footage and other information obtained through electronic means.
    • Information about your use of our information.
  7. How we use your personal data.
    We will only use your personal data when the law allows us to. Most commonly, we will use your
    personal data in the following circumstances:
    • Where we need to perform the contract that we have entered into with you.
    • Where we need to comply with a legal obligation.
    We may also use your personal data for other reasons, which include, where relevant:
    • Making a decision about your recruitment or appointment.
    • Determining the terms on which you work for us.
    • Checking you are legally entitled to work in the UK.
    • Paying you and, if you are an employee, deducting tax and National Insurancecontributions.
    • Providing any contractual benefits to you
    • Liaising with your pension provider.
    • Administering the contract we have entered into with you.
    • Management and planning, including accounting and auditing.
    • Conducting performance reviews, managing performance and determining
    performance requirements.
    • Making decisions about salary reviews and compensation.
    • Assessing qualifications for a particular job or task.
    • Conducting grievance or disciplinary proceedings.
    • Making decisions about your continued employment or engagement.
    • Making arrangements for the termination of our working relationship.5
    • Education, training and developmentrequirements.
    • Dealing with legal disputes involving you, including accidents at work.
    • Ascertaining your fitness to work.
    • Managing sickness absence.
    • Complying with health and safety obligations.
    • To prevent fraud.
    • To monitor your use of our information and communication systems to ensure
    compliance with our IT policies.
    • To ensure network and information security, including preventing unauthorised access to
    our computer and electronic communications systems and preventing malicious software
    distribution.
    • To conduct data analytics studies to review and better understand employee
    retention and attrition rates.
    • Equal opportunities monitoring.
    • To undertake activity consistent with our statutory functions and powers including any
    delegated functions.
    • To maintain our own accounts and records.
    • To seek your views or comments.
    • To process a job application.
    • To administer Councillors’ interests.
    • To provide a reference.
    Our processing may also include the use of CCTV systems for monitoring purposes.
    Some of the above grounds for processing will overlap and there may be several grounds which justify
    our use of your personal data.
    We may also use your personal data in the following situations, which are likely to be rare:
    • Where we need to protect your interests or someone else’sinterests.
    • Where it is needed in the public interest or for official purposes.
  8. Sensitive and Special Categories of Data
    The personal data we process 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
    or treatment received, political beliefs, trade union affiliation, genetic data, biometric data, data
    concerning and sexual life or orientation.
    These types of data are described in the GDPR as “Special categories of data” and require higher levels6
    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:
    • In limited circumstances, with your explicit written consent.
    • Where we need to carry out our legal obligations.
    • Where it is needed in the public interest.
    Including, as appropriate:
    • information about your physical or mental health or condition to take decisions on your fitness
    to take part in activities that we may offer you.
    • your racial or ethnic origin or religious or similar information, to monitor compliance with
    equal opportunities legislation.
    • To comply with legal requirements and obligations to third parties.
    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.
    Your consent to process your sensitive personal data
    We do not need your consent if we use your sensitive personal data in accordance with our rights and
    obligations in the field of employment and social security law.
    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.
    You should be aware that it is not a condition of your contract with us that you agree to any request
    for consent from us.
    Information about criminal convictions
    We may only use personal data relating to criminal convictions where the law allows us to do so. This
    will usually be where such processing is necessary to carry out our obligations and provided we do so
    in line with our data protection policy.
    Less commonly, we may use personal data relating to criminal convictions where it is necessary in
    relation to legal claims, where it is necessary 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.
    We will only collect personal data about criminal convictions if it is appropriate given the nature of
    the role and where we are legally able to do so. Where appropriate, we will collect personal data about
    criminal convictions as part of the recruitment process or we may be notified of such personal data
    directly by you in the course of you working for us.
  9. The legal basis for processing your personal data.
    Some of our processing is necessary for compliance with a legal obligation.
    We may also process data if it is necessary for the performance of a contract with you, or to take 7
    steps to enter a contract.
    We will also process your data to assist you in fulfilling your role in the Parish Council including
    administrative support or if processing is necessary for compliance with a legal obligation.
  10. Sharing your personal data.
    This section provides information about the third parties with whom the Parish 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 way 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 we will do so
    only where necessary:
    Your personal data will only be shared with third parties including other data controllers where it is
    necessary for the performance of the data controllers’ tasks or where you first give us your prior
    consent. It is likely that we will need to share your data with:
    • Our agents, suppliers and contractors. For example, we may ask a commercial provider to
    manage our HR/ payroll functions, or to maintain our database software;
    • Other persons or organisations operating within local community.
    • Other data controllers, such as local authorities, public authorities, central government and
    agencies such as HMRC and DVLA
    • Staff pension providers
    • Former and prospective employers
    • DBS services suppliers
    • Payroll services providers
    • Recruitment Agencies
    • Credit reference agencies
    • Professional advisors
    • Trade unions or employee representatives
  11. How long do we keep your personal data?
    In general, we keep data only for as long as we need it. This means that we will delete it when it is no
    longer needed.
    Exceptions:
    • We will keep some records permanently if we are legally required to do so.
    • We may keep some other records for an extended period. 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. 8
    • The Parish Council is permitted to retain data 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 for as long as we
    believe it is necessary to be able to defend or pursue a claim.
  12. Your rights and responsibilities and your personal data
    Your responsibilities
    It is important that the personal data we hold about you is accurate and current. You must keep us
    informed if your personal data changes during your working relationship with us and as stated in your
    contract of employment failure to do so will be considered grossmisconduct.
    You have the following rights with respect to your personal data.
    When exercising any of the rights listed below, we may need to verify your identity for your security
    before processing your request. In such cases we will need you to respond with proof of your identity
    before you can exercise these rights.
  13. The right to access personal data we hold on you.
    • At any point you can contact us to request the personal data we hold on you as well as why we
    have that personal data, who has access to the personal data and where we obtained the
    personal data from. Once we have received your request, we 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.
  14. The right to correct and update the personal data we hold on you.
    • If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your
    data will be updated.
  15. The right to have your personal data erased.
    • If you feel that we should no longer be using your personal data or that we are unlawfully using
    your personal data, you can request that we erase the personal data we hold.
    • When we receive your request, we will confirm whether the personal data has been deleted or
    the reason why it cannot be deleted (for example because we need it for to comply with a legal
    obligation).
  16. The right to object to processing of your personal data or to restrict it to certain purposes
    only.
    • You have the right to request that we stop processing your personal data or ask us to restrict
    processing.
    • Upon receiving the request, we will contact you and let you know if we are able to comply or if
    we have a legal obligation to continue to process your data.
  17. The right to dataportability
    • You have the right to request that we transfer some of your data to another controller. We will
    comply with your request, where it is feasible to do so, within one month of receiving your
    request.9
    • The right to withdraw your consent to the processing at any time for any processing of data to
    which consent was obtained.
    • You can withdraw your consent easily by telephone, email, or by post (see Section 12 Contact
    Details).
  18. The right to lodge a complaint with the Information Commissioner’s Office.
    • You can contact the Information Commissioners Office on 0303 123 1113 or via email
    https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office,
    Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
  19. Transfer of Data Abroad
    Any personal data transferred to countries or territories outside the European Economic Area (“EEA”)
    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. Our
    website is also accessible from overseas so on occasion some personal data (for example in a
    newsletter) may be accessed from overseas.
  20. Further processing
    If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we
    will provide you with a new notice 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.
  21. Changes to this notice
    This Privacy Notice is reviewed regularly. The current version is available on this website:
    https://bressinghamandfersfield.org/
  22. Contact Information
    Please contact us if you have any questions about this General Privacy Notice or the personal data we
    hold about you, or to exercise all relevant rights, or make queries or complaints at:
    Email: bandf.pc@outlook.co