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Legal Services

Privacy Notice – Legal Services, Monitoring Officer and Data Protection Officer

Gedling Borough Council respects your privacy and is committed to protecting your personal data. This privacy notice explains how we will look after the personal data you may disclose to us in relation to providing legal service and personal information disclosed to the Council’s Data Protection Officer or Monitoring Officer.   

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

The Data Controller

Gedling Borough Council is the Data Controller for any personal data you give to us. Our full details are:

Gedling Borough Council

Civic Centre

Arnot Hill Park

Arnold

Nottingham

NG5 6LU

Telephone: 0115 901 3901
Email: enquiries@gedling.gov.uk

Data Protection Officer

The Council’s Data Protection Officer can be contacted at the address above or by email to dataprotectionofficer@gedling.gov.uk

What Personal Data We Collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

 

  • Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
  • Contact Data includes [billing address, delivery address, email address and telephone numbers].
  • Financial Data includes [bank account and payment card details].
  • Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
  • Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

 

The data we collect depends on the purpose for which the data is collected.

 

Purpose/Activity

Type of data

How long we keep your data

Lawful basis for processing (GDPR Article)

Personal Information obtained in the course of legal proceedings

  • Identity Data
  • Contact Data
  • Special Category Personal Data

7 years after conclusion of legal proceedings

Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest by the Council or in the exercise of official authority vested in the Council.

Special Category Personal Data – Article 9(2)(f) processing is necessary for the establishment, exercise or defence of legal claims by or against the Council.

Personal Information Requests (Subject Access Requests)

  • Identity Data
  • Contact Data

3 years

Article 6(1)(c) processing is necessary to comply with a legal obligation which the Council is subject to. Without it we will not be able to process your access request.

Requests to exercise any individual rights under the GDPR and DPA 2018

E.g. Rectification, Erasure, restrict processing, Portability, Object to processing.

  • Identity Data
  • Contact Data

3 years

Article 6(1)(c) processing is necessary to comply with a legal obligation which the Council is subject to. Without it we will not be able to process your access request.

Freedom of Information Requests (FOI), Environmental Information Requests (EIR) and Reuse of Public Sector Information requests.

  • Identity Data
  • Contact Data

3 years

Article 6(1)(c) processing is necessary to comply with a legal obligation which the Council is subject to. Without it we will not be able to process your access request.

Breach of Code of Conduct Complaints

  • Identity Data
  • Contact Data
  • Details of your complaint
  • Your role (i.e. whether you are complaining as a member of the public, Member of Parliament, a Monitoring Officer, a Local Authority employee or an elected or co-opted Member)
  • Supporting information to assist in investigating your complaint.

6 years after administrative use is concluded

Article 6(1)(c) processing is necessary to comply with a legal obligation which the Council is subject to. Without it we will not be able to investigate your complaint.

 

 

What We Do With Your Personal Data

We will use your personal data to:

  • To conduct legal proceedings on behalf of the Council, a public task carried out by the Council;
  • To comply with any legal obligations which the Council are subject to such as responding to information requests;
  • Code of Conduct Complaints – we will only use your data to review, investigate, provide a response and report the outcome of your complaint to the Standards Committee. This is done in order to comply with a legal obligation under the Localism Act 2011, which the Council are subject to;
  • Contact you with regard to any matter arising from the purpose;
  • The information provided by you may also be used for the purpose of any other public task carried out by the Council. Public tasks carried out by the council are any function which is carried out in the public’s interest, these function are carried out by the Council’s Revenues and Welfare, Planning Policy, Development control, Public Protection, Finance, Waste, Health and Safety and Economic Growth teams.

Where you require us to make reasonable adjustments to enable us to provide these services to you, we may require further information from you. If this includes information about your physical or mental health, race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions and trade union membership, such information is Special Categories of Personal Data and will only be used by us, with your explicit consent, to assess your eligibility for reasonable adjustments and/or the service. The legal basis upon which we do this is set out in Article 9(2)(a) of GDPR (explicit consent). You can withdraw your consent at any time by contacting us. Please note that we may not be able to process your request for reasonable adjustments and/or the service requested if you do this.

How Long We Keep Your Personal Data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

Details of retention periods for different aspects of your personal data are set out in the table above.

For the purposes of the mailing list we will keep your information until you unsubscribe.

Who We Share Your Data With (Third Parties)

In order to provide you with a good service we may have to share your personal data with our partner agencies and contractors providing services on behalf of Gedling Borough Council. We may also share your data with our software providers to be able to provide I.T support to our computer systems.

Where you have requested information from the Council by a personal information request, FOI request or EIR, we will share your information with the relevant service areas within the Council and external partners and contractors providing services on behalf of Gedling Borough Council in order to be able to respond to your request.

Code of Conduct complaints - In the interest of fairness and in compliance with the rules of natural justice, Borough and Parish Councillors who are complained about have the right to know who has made the complaint and what it is about. You can request that your identity is not revealed and the Monitoring Officer will review your request. This will be considered on a case-by-case basis, however requests for anonymity will usually only be granted in exceptional circumstances.

Your complaint and personal information will be shared with the Council’s Independent Person (a person not a member or officer of the authority, appointed under s.28 of the Localism Act 2011), the person being complained about, the Parish Council Clerk (if the complaint relates to a Parish Councillor) and where appropriate an Independent Investigator, Members of the Standards Committee and its Hearing Panel if a Breach of Code of Conduct is identified.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow third-party service provider to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Gedling Borough Council will not sell, assign, disclose or rent your personal data to any other external organisation or individual unless required to do so by law.

Protecting Your Personal Data

We are committed to ensuring that your personal data is secure. In order to prevent unauthorised access or disclosure, we have put in place appropriate technical, physical and managerial procedures to safeguard and secure the information we collect from you. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

International Transfer of your Data

We do not transfer or process data outside the European Economic Area unless we have your specific consent or where the nature of the processing requires it (for example, because you have chosen to use an email or other communications service which routes data outside the EEA).

Your Rights

You are in complete control. You can object or withdraw your consent to the use of your personal data at any time. Though in some cases we may not be able to provide your requested service (e.g. respond to a personal information request) where the information processing is an integral part of the service. We will tell you if this is likely to be the case.

Subject to some legal exceptions, you have the right to:

  • request a copy of the personal information Gedling Borough Council holds about you;
  • to have any inaccuracies corrected;
  • to have your personal data erased;
  • to place a restriction on our processing of your data;
  • to object to processing; and
  • to request your data to be ported (data portability).

To learn more about these rights please see the ICO website.

Please address any such requests to the inforequest@gedling.gov.uk

Complaints

If you are dissatisfied with the way your personal data is being used by the Council we would ask that you contact the Data Protection Officer in the first instance so that we can deal with your concerns. You have the right to complain at any time to the Information Commissioner's Office, the UK supervisory authority for data protection.

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

Telephone: 0303 123 1113 (local rate) or 01625 545 745
Fax: 01625 524 510