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Privacy Notice - For Use By Councillors

The purpose of this Privacy Notice is to explain how and for what purposes we process your personal data. It applies to personal data that is processed electronically and on paper.

Please read the following Privacy Notice carefully.

Why we are collecting your data

Councillors have different roles which can make their position complex. The main aim is to investigate and respond to your request for advice, guidance or information. Information may also be used for dealing with complaints.

Within Basildon Borough Council

Basildon Borough Councillors hold an elected position within the Borough Council. The Council shares information with Councillors as part of their role. Sometimes this is because they have a legal need to know the information. Where this applies it is Council which is the 'data controller' (the person or organisation deciding how the information is handled and who receives it). When this applies they work to Basildon Borough Council rules about handling personal information

A Councillor's role as a community leader or handling Casework from constituents

Councillors deal with casework raised by local residents as part of their work in the community. This means that they may contact officers of the Council or other organisations on your behalf to investigate your concerns and respond to your enquiries.

When Councillors are doing this, they themselves are acting as the data controller.

Councillors can be contacted by email at [firstname].[lastname]@members.basildon.gov.uk .

Information collected during casework

Councillors will receive whatever information you send them as part of your inquiry including your contact details and the details of your query. This might include information such as information about your health or whether or not you are alleged to have committed a criminal offence.

If Councillors contact Basildon Council or another organisation they may also receive information from that organisation in order to allow the Councillor to respond to your enquiry. This might be from the Council or from another local authority.

Councillors are responsible for telling residents what they do with personal information they collect. This notice is provided by Basildon Borough Council for Councillors to adopt if they so wish. This notice only applies to a particular Councillor if they have provided it to you, or where they have given you a link to this web page.

Information collected

Councillors could receive any of the following data from their constituents:

  • Name and Contact Details

  • Family Details

  • Signature

  • Images

  • Bank Details

  • Health and genetic records

  • Biometric data

  • Political opinions

  • Sexual orientation

  • Web Data (e.g. location data, IP address, cookies)

  • Racial and ethnic data

  • Criminal Records

The data is collected through:

  • Telephone

  • Email

  • Letter

  • In person

The lawful basis for the processing

  • Explicit Consent - Where you provide a councillor with your information and ask a Councillor to act on your behalf then they have your consent to hold that information. The Councillor may also ask you to agree that they can share your information with another organisation such as the police or another local authority.

  • Performing a task in the public interest or because of their role as a councillor - Councillors have a role in ensuring that the Council carries out its legal duties. This means that they may share information you give them with the Council and they may use your information to do their job as a councillor.

  • The law says that special rules apply to some especially sensitive information. This includes information about racial origin, political opinions, religious or philosophical belief, union membership, biometric data, health, sex life or sexual orientation - The main area where councillors may hold sensitive information for casework purposes is health information. They would normally deal with this information if you consent or if reasons of substantial public interest, proportionate to the aim pursued. If this happened there would be suitable protection for your information.

Who your information will be shared with

  • In some cases, Councillors may need to share your information with other organisations in order to respond to your enquiry. This will depend on the nature of your enquiry but it could include NHS bodies, other local authorities and Health information will not be shared without your consent.

  • In rare cases Councillors may not be able to tell you that information has been shared (e.g. if it would prejudice the prevention or detection of crime.

  • Personal information will not be shared with other Councillors unless a new Councillor is elected to replace them - in which case information may be passed to the new councillor.

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

  • 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

  • Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you

  • Comply with legal obligations and legislative requirements

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.

The majority of councillors have a Basildon Council email address which is: [forename].[lastname]@members.basildon.gov.uk. If you contact a Councillor by email you are advised to contact them by using the Basildon Council email address as this is a secure system for storing information. If you contact a Councillor using a different email address, security of information is not guaranteed. Where information is held on paper, Councillors will store the information securely and ensure that it is securely destroyed when no longer needed.

How long will we hold your data for?

To ensure that records are retained in order to deal with a legal claim - or a potential claim, records may be retained for up to six years. Routine casework may be destroyed after one year.

Councillors hold office for a term of up to four years. If a Councillor is not re-elected then they may destroy case work or they may pass it to their successor or to the Council.

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:

The Data Protection Officer
Basildon Borough Council
Basildon Centre,
St. Martin's Square,
Basildon
SS14 1DL.

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

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

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