Privacy Notice - Complaints alleging a breach of the Code of Conduct by a Councillor

Please read the following Privacy Notice carefully.

Why we are collecting your data

Basildon Borough Council needs to collect your personal data so that the Council can process any enquiries or complaints you make about our councillors in accordance with relevant legislation. Under Section 28(6) and (7) of the Localism Act 2011, the Council must have in place "arrangements" under which allegations that a member or co-opted member of the authority [or of a town / parish council within the authority's area], or of a Committee or Sub-Committee of the authority, has failed to comply with that authority's Code of Conduct can be investigated and decisions made on such allegations.

Information collected

• Name and Contact Details - To contact you once your complaint has been processed.

• Images - If relevant to your complaint against the Councillor.

• Racial and ethical data - Equalities Monitoring (Optional)

• Sex - Equalities Monitoring (Optional)

• Age Group - Equalities Monitoring (Optional)

• Sexual orientation - Equalities Monitoring (Optional)

• Religion or belief -Equalities Monitoring (Optional)

• Disability data - Equalities Monitoring (Optional).

The basis for the processing

• Legal obligations and/or public task (Section 28 (6) and (7) of the Localism Act 2011)

• To support business needs and deliver the service.

Who your information will be shared with

• Internal services:

  • Committee and Member Services

  • Legal Services

  • The Member who is the subject of your complaint unless you request otherwise. The Monitoring Officer will consider your request and if granted we will not disclose your name to the Member against whom you make the complaint, without your prior consent. If you make a request for your name to be withheld, the Monitoring Officer will advise you of the decision on this before disclosing your details to the Member that is the subject of your complaint.

• External investigator (if the complaint proceeds to the investigation stage).

We will never sell your data, however it will be shared with third parties to:

• Comply with legal obligations and legislative requirements

• To help if there is need of any professional or legal advice on a matter relating to you

• To help prevent fraud and/or tackle crime

• To improve and optimise the performance of our services.

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

• Use your information for marketing or sales purposes without your prior explicit consent.

• Send or store your data abroad unless it meets the requirements of the Data Protection regulations

• Make decisions about you based on automated processing.

How long will we hold your data for?

We will keep all records relating to Committee and Member Services for 3 years.

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.
If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.
You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer

• Phone: 01268 533333

• Letter to:

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk

• Phone: 0303 123 1113 (local rate) or 01625 545 745

• Letter to:

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO).