Why Elected Members collect and use your information
As part of their work in the community, they contact officers of the Council and other organisations on your behalf to investigate your concerns and respond to your enquiries.
The General Data Protection Regulation (GDPR) and Data Protection Act 2018 allows them to collect and use the personal information you have given them because they are helping you in their official role as your local councillor. Under GDPR, this lawful basis for processing is known as performance of a public task.
Frequently asked questions
When Elected Members do constituency work for you, they might collect the following information in order to help you:
Name
Address
Contact Phone Number
Email address
In some cases, such as assisting you with specific issues or specific organisations, they might also need more information such as:
Your date of birth
Your national insurance number
Signature
Information about your health needs
Details of family members
In some rare cases, Elected Members might handle special category data such as medical or social care information.
For processing personal data the Elected Member’s activities rely on Article 6, 1 (e) of the GDPR which relates to their public task functions and, any special category data they process, is processed in accordance with Article 9, 2 (g), processing is necessary for reasons of substantial public interest, which is also supported by Schedule 1, Part 2, section 23 (1) (a) and (b) of the Data Protection Act 2018.
Councillors will, as a matter of course endeavour to obtain consent from you to process your personal data where relevant and appropriate to do so.
Elected Members often undertake activities on Council working parties and committees, in these circumstances they will have access to information to fulfil their duties the same as an Officer of the Council. In these circumstances the Council is the Data Controller and this Privacy Notice should be read in conjunction with the Council’s Privacy Notice.
Elected Members might collect information from you in a number of ways, for example:
When they meet you in the community or at their surgeries
When you telephone them or contact them via email
When you send them letters
To investigate and respond to your request for advice, guidance or information.
To investigate and respond to your enquiry or complaint.
As part of their work on your case, they will typically keep your information for one term of office, unless there is a reason for them to keep it for longer, for instance if they are required to do so by law or under a legal obligation. Information may also be kept longer if the case being dealt with is complicated and may extend over a longer period of time or where the name/identity of an individual is required to be kept for security and safety purposes.
Some of your personal information such as that associated with minor correspondence such as scheduling meetings is held for less time.
Any information they hold at the end of their term in office is either passed to the appropriate council representative or securely destroyed.
In some cases, to enable them to deal with your issues, they will have to share your information with other relevant organisations or bodies
Where possible, they will let you know who they are and when they have done this.
In other cases, it might not be possible to tell you that your information was shared because it relates to a public interest issue such as an investigation or police matter.
They will keep your information securely. In addition to the security provided on council devices and facilities such as email, they will safeguard access to any information you give them.
They do not usually send your personal information outside the EEA. If they have to for any reason (such as using cloud computing servers with overseas data centres), they will let you know and ensure that it is done within the appropriate procedures and safeguards as set down by the Information Commissioner’s Office.
They will not use your information or pass it to another organisation for marketing or sales purposes without your prior express consent.
Your Rights
Your information rights are set out in the law. Subject to some legal exceptions, you have the right to:
request that they correct information you believe is inaccurate or incomplete. You may not always be able to change the information, however they will correct factual inaccuracies and may include your comments in their records;
request that they delete your information when there is no compelling reason for them to continue using it. Please be aware that in certain situations they are still allowed to keep and use your information, even when you request that it should be erased;
object to them using your information if you feel they have used it outside of their remit. Please be aware that in certain situation they are still allowed to use your information if there are compelling legitimate grounds to do so.
You also have the right to request a copy of the personal information they hold about you. To do this, please contact the Councils Corporate Information Governance Team on: information.governance@dudley.gov.uk or by using our feedback form below:
