As an elected Councillor, I hold advice surgeries and respond to casework and policy queries raised with me by residents in my ward. To respond and help with enquiries that concern council business, it is necessary to process personal data relating to the constituent making the request, and other individuals who may be involved or identified during the course of my enquiries.
As an elected member, I will normally only be able to investigate the concerns you raise if I can collect and share your personal information, for example, so I can contact you with the result of my enquiries. If your query relates to your own involvement with the council, then I may need details of this so I can help you. I will only collect the personal information I need to process your request or provide you with relevant information.
What type of personal information do I collect?
This will generally include personal information such as your name, address and contact information together with details of your problem or concern.
The law refers to some types of personal information as ‘special category data’ because the information requires more protection because of its sensitivity. This information consists of:
- racial or ethnic origin
- sexuality and sexual life
- religious or philosophical beliefs
- trade union membership
- political opinions
- genetic and biometric data
- physical or mental health
- criminal convictions and offences
It will only be necessary to collect this type of information where it is relevant to the request you are making.
What is the lawful basis for obtaining and using your personal data?
I must have lawful reasons under the UK GDPR and the Data Protection Act 2018 to collect and use your personal information. The ones that will most often apply are:
- your consent (or explicit consent for special category data) when making the request (or any other relevant persons where this is appropriate)
- legitimate interests - this is likely to be most appropriate where you would reasonably expect me to use the personal information you have provided and the impact on your privacy is minimal. If I rely on this condition I will consider and protect your rights and interests. This applies particularly to children.
- to protect your vital interests - such as a life or death situation or to protect you from harm, or the vital interests of another person
Who do I share your information with?
Personal information about you will only be passed on on a ‘need to know’ basis to a relevant organisation and/or individual who is able to provide information to help address or resolve your concern.
Relevant third-party organisations and/or individuals will vary according to the nature of the concern you have raised. As an elected member of Enfield Council, I would normally pass on your personal details and the circumstances of your query/complaint to the relevant department within the council, so they can investigate the issues.
I may also need to share your information and details of your enquiry with another elected representative where and when necessary.
It is not unusual for constituents to also raise issues with me about other bodies. If this happens, I will need to refer the question/complaint to them. Depending on the nature of the issue, these third parties may include:
- local and/or central government
- elected representatives and other holders of public office
- landlords
- statutory law enforcement agencies and investigating bodies
- healthcare, social and welfare advisers or practitioners
Any third parties who I may share your data with are obliged to keep your details securely and to use your data for purposes already communicated to you.
The personal information you provide and which I may receive from organisations or individuals in the course of my enquiries will only be used to progress the problem or concern you have raised. Your personal data will not be used in a way that goes beyond your reasonable expectations.
If you specifically ask me not to disclose information identifying you to other third parties it is necessary for me to contact, I will try to respect that. However, please be aware that it may not be possible to progress a matter for you on that basis.
Do I share personal data with anyone else?
Unless the law requires or permits the sharing of information (crime prevention or detection or the safeguarding of vulnerable children or adults), personal information obtained by me will not be further disclosed other than for the purpose of progressing and responding to your requests.
Personal information may be stored on my behalf by the council on a dedicated part of its secure network or on other computer services. Other than technical and monitoring operations, access and processing is undertaken only in accordance with my instructions.
How long do I hold personal data for?
Unless required by law, or specifically requested by you, personal data held for the purposes of responding to requests received from constituents and obtained in the course of my enquiries will be kept for a proportionate amount of time depending on the enquiry.
How is personal data kept safe and secure?
Reasonable security measures are taken to ensure that personal information within my control is protected from accidental loss or alteration, inappropriate access, misuse or theft.
As the council provides support services for elected members, communications addressed by post to me at the council or using my council email address are held securely on a dedicated controlled area of the council’s secure network with access restricted in accordance with my instructions.
Your rights
You have the right to:
- request a copy of the information I hold about you
- ask me to rectify, erase or restrict processing of your data
- ask for your data to be transmitted (data portability)
- to object to automated decision making
- the right to withdraw consent at any time if I am relying on consent
There are some exemptions to these rights.
To exercise these rights please contact me and I will consider your request in conjunction with the council’s Data Protection Officer (DPO). Please note that I may not be able to raise your request if the information is subject to a legal exemption. If you wish to exercise any of your rights, including where you are seeking a copy of your personal information, please write to me or email me.
Complaints
You have the right to complain to the Information Commissioner if you are unhappy with how I have handled your personal data. It would be helpful if you contacted me first about a data protection concern to see if I can resolve the problem.
If you wish to complain to the Information Commissioner, the contact details are:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
You can also complain by completing the ICO online form.