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GENERAL PRIVACY NOTICE

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Bressingham and Fersfield Parish Council
GENERAL PRIVACY NOTICE

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1st October 2020 2020.01 New document Draft
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Contents

  1. Processing of Personal Data ………………………………………………………………………………………………… 2
  2. Who we Are ……………………………………………………………………………………………………………………. 2
  3. How we use Personal Data ………………………………………………………………………………………………….. 2
  4. The Legal basis for processing your personal data………………………………………………..……………………….. 4
  5. Personal Data that we Process and Why……………………………………………………………..…………………….. 4
  6. Sharing your personal data………………………………………………………………………………….……………….. 5
  7. How long do we keep your personal data? …………………………………………………………………………………. 5
  8. Your rights and your personal data …………………………………………………………………………….……………. 6
  9. Transfer of Data Abroad ……………………………………………………………………………………………………… 7
  10. Further processing………………………………………………………………………………………………….………….. 7
  11. Changes to this notice………………………………………………………………………………………………….……… 7
  12. Contact Information ………………………………………………………………………………………………………….. 72
  13. Processing of personal data
  1. Processing of 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” for the data that we process about you.
    We will always take account of your interests and rights if we process your data.
  3. How we use personal data.
    This General Privacy Notice sets out your rights and the Parish Council’s obligations to you.
  4. 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.
  5. We use your personal data for some of or all the following purposes:
    • To deliver public services including to understand your needs to provide the services that
    1 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
    you request and to understand what we can do for you and inform you of other relevant
    services.
    o To promote the interests of the Parish Council.
    o To maintain our own accounts and records.
    o To seek your views, opinions or comments.
    o To notify you of changes to our facilities, services, events, councillors and other role
    holders.
    o To send you communications which you have requested and that may be of interest
    to you. These may include information about campaigns, appeals, other new projects
    or initiatives.
    o To process relevant financial transactions including grants and payments for goods
    and services supplied to the Parish Council
    o To allow the statistical analysis of data so we can plan the provision ofservices.
    • To enable us to meet all legal and statutory obligations and powers including any delegated
    functions.
    • To confirm your identity to provide some services.
    • To contact you by post, email, telephone or using social media (e.g. Facebook, Twitter,
    WhatsApp).
    • To help us to build up a picture of how we are performing.
    • To prevent and detect fraud and corruption in the use of public funds and where necessary
    for the law enforcement functions.
    • To carry out comprehensive safeguarding procedures (including due diligence and
    complaints handling) in accordance with best safeguarding practice from time to time with
    the aim of ensuring that all children and adults-at-risk are provided with safe environments
    and generally as necessary to protect individuals from harm or injury.
    • Our processing may also include the use of CCTV systems for the prevention and prosecution
    of crime.
  6. We work with other Data Controllers, including but not restricted to:
    • Local authorities
    • Community groups
    • Charities
    • Other not for profit entities
    • Contractors
    • Credit reference agencies
    We may need to share your personal data we hold with them so that they can carry out their
    responsibilities to the Parish Council.
    If we and the other data controllers listed above are processing your data jointly for the same
    purposes, then the Parish Council and the other data controllers may be “joint data controllers” which
    means we are all collectively responsible to you for your data. 4
    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 below) or wish to raise a complaint, you should do so directly to the
    relevant data controller.
  7. The legal basis for processing your personal data.
    The Parish Council is a public authority and has certain powers and obligations.
    Most of your personal data is processed for compliance with a legal obligation which includes the
    discharge of the Parish 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 Parish 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
    your use of our facilities, resources or equipment.
    Sometimes the use of your personal data requires your consent. In that situation we will obtain your
    consent to that use, first.
  8. Personal data that we process and why.
    The Parish Council will process some, or all, of the following personal data where necessary to
    perform its tasks:
    • Names, titles, and aliases.
    • Photographs.
    • Contact details such as telephone numbers, addresses, and email addresses.
    • Where they are relevant to the services provided by a council, or where you provide them to
    us, we may process information such as gender, age, marital status, nationality,
    education/work history, academic/professional qualifications, hobbies, family composition,
    and dependents.
    • Where you pay for activities such as use of a council resource or facility, we may process
    financial identifiers such as bank account numbers, payment card numbers,
    payment/transaction identifiers, policy numbers, and claim numbers.
    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 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:
    • In limited circumstances, with your explicit written consent.5
    • 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 in order 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.
    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.
  9. 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:
    • The Data Controllers listed in Section 4.
    • Our agents, suppliers and contractors. For example, we may ask a commercial provider to
    publish or distribute newsletters on our behalf, or to maintain our website or database
    software.
    • On occasion, other local authorities or not for profit bodies with which we are carrying out
    joint ventures e.g. in relation to facilities or events for the community.
  10. 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 6
    as a public authority.
    • 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.
  11. 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, 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.
  12. 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.
  13. 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.
  14. 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).
  15. 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.
  16. 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.
    • 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).7
  17. 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.
  18. 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.
  19. 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.
  20. Changes to this notice
    This Privacy Notice is reviewed regularly. The current version is available on this website:
    https://bressinghamandfersfield.org/
  21. 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
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