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Sholden Parish Council Privacy Notice

Where we hold personal information about you which we have collected from you, The Data Protection Act 1998 and the General Data Protection Regulation (Regulation (EU) 2016/679) require us, as a data controller, to tell you in a concise, transparent, intelligible and easily accessible form how we will process your personal data.

For the purposes of this privacy notice we prefer to refer to ‘personal’ data’ as ‘Personal Information’.

This privacy notice sets out how we will use any personal information we hold about you, who we will share it with and how we will protect your privacy. It also contains information about your rights.

This privacy notice is published by Sholden Parish Council

What is Personal Information?

Personal information can be any information that relates to or identifies a living person.

Typically, and at its most simple, it could include a name, date of birth, postal address, email address, telephone number and debit or credit card details.

The law regards some personal information as being in a special category. This special category of personal information is given more protection by the law and includes information about an individual’s:

  • Race;
  • Ethnic origin;
  • Politics;
  • Religion;
  • Trade union membership;
  • Genetics;
  • Biometrics (where used for ID purposes);
  • Health;
  • sex life;
  • Sexual orientation;

Where we want to use or share special category personal information we have to identify both a legal basis from one of those set out above, and, in addition, satisfy further conditions.

Personal information concerning criminal convictions and offences is not special category personal data but is a very sensitive type of personal information which can only be held used and shared in narrow circumstances.

What we are required to tell you

Where we hold personal information about you which we have collected from you, we are required to provide you with certain information. We have set out the information which we are required to provide you below. We consider that this is the best way of providing the information to you in a clear, transparent intelligible and easily accessible form.

This privacy notice will be supported by further service specific privacy notices where appropriate.

The Right to Object

1. We are required to explicitly bring to your attention, clearly and separately from any other information, the existence of the Right to Object. This is the right to object to processing based on the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing (including profiling) and processing for purposes of scientific/historical research and statistics.

The purpose of the processing of personal data

2. Each notice on the menu below sets out the purposes for processing personal data in the case of each service. Generally, this will be for one or more of the following purposes

  • To perform our statutory functions
  • To deliver services to you
  • To manage those services we provide
  • Confirm your identity
  • Process financial transaction such as invoices, payments and benefits
  • To train and manage the employment of our workers who deliver those services
  • To investigate any complaints you have about our services
  • To monitor spending on services
  • To check the quality of services
  • To plan services
  • Prevent and detect fraud, corruption and crime
  • To protect individuals from harm.

The legal bases for processing each service specific privacy notice will identify one or more legal bases for the processing of personal information.

3. Generally, the legal reason will be one or more of the following:

  • consent
  • the processing is necessary for the performance of a contract with you or in order to take steps at your request prior to entering into a contract
  • the processing is necessary for compliance with a legal obligation to which we are subject
  • the processing is necessary in order to protect your vital interests or those of another individual
  • the processing is necessary for the performance of a task carried out by us in the public interest or in the exercise of authority vested in us
  • the processing is necessary for our legitimate interests or those of a third party. This will not apply to processing that we carry out in the performance of our tasks as a public authority.

The recipients or categories of recipients of your personal information

4. We will generally only allow your personal information to be used by those Parish Council staff who need it to perform their functions.

Personal Information may also be shared with the police, the Department for Work and Pensions, HMRC and other councils when we are either permitted to or are required to by law.

We will not make your personal information available to companies for marketing purposes. We may share information with partners to achieve purposes that benefit you or the local community.

 

The period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period.

5. We will only keep your personal information for as long as we consider that it is necessary to be retained. We have a data retention schedule which lists how we would intend to keep your personal information. We will review our data retention schedule from time to time and therefore the time periods specified in it may change. Once personal information is no longer needed it will be deleted or destroyed confidentially.

Rights of individuals whose information we hold

The right to be informed

6. We are required to supply you with information about the processing of your personal information through notices such as this one.

The right to access personal information that we hold about you

7. You have the right to obtain from us confirmation that your personal information is being processed and access to your personal information. This is so that you are aware of and can verify the lawfulness of processing. There is generally no charge for this. We will provide your personal information without delay and generally within one month of the receipt of your request.

The right to rectification of your personal information

8. You have the right to have any personal information which we hold about you rectified if it is inaccurate or incomplete. We will generally deal with your request within one month.

The right to erasure of your personal information (this is sometimes called the ‘right to be forgotten’)

9. There are some specific circumstances where the right to erasure does not apply and we can refuse to deal with a request for example, where we are under a legal obligation to process your personal information in order to perform a task in the public interest.

You have the right to have personal information erased and to prevent processing in specific circumstances:

  • Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
  • When you withdraw consent.
  • When you object to the processing and there is no overriding legitimate interest for continuing the processing.
  • The personal data was unlawfully processed (i.e. otherwise in breach of the GDPR).
  • The personal data has to be erased in order to comply with a legal obligation.

 

The right to restrict processing of your personal data

10. You have the right to restrict processing of your personal information in certain circumstances. Where processing is restricted, we are permitted to store your personal information but we may not process it further.
We can retain just enough information about you to ensure that the restriction is respected in future.

The right to restrict arises in the following cases:

  • Where you contest the accuracy of your personal information, we may, restrict the processing until we have verified the accuracy of the personal data.
  • Where you have objected to the processing (where it was necessary for the performance of a public interest task), and we are considering whether our legitimate grounds override yours.
  • When processing is unlawful and you have opposed erasure and requested restriction instead.
  • If we no longer need your personal information but you require the personal information to establish, exercise or defend a legal claim.

The right to information portability

11. You have the right to obtain from us and reuse your personal information for your own purposes where you have provided the information to us yourself, where we process the information by automated means and where our basis for processing is based on consent or contract. Where this right applies we will provide you with your personal information in a structured, commonly used and machine-readable form.

The right to object

12. You have a right to object to:

  • processing based on the performance of a task in the public interest/exercise of official authority (including profiling)
  • Direct marketing (including profiling) and
  • Processing for purposes of scientific/historical research and Statistics

Where the objection is to processing your personal information for direct marketing purposes we must stop processing your personal information when we receive your objection.

Where the objection is to processing your personal data for the performance of a public interest task we must stop processing your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, or, the processing is for the establishment, exercise or defence of legal claims.

Where the objection is to processing your personal data for research purposes we do not have to comply with your objection where the processing of your personal information is necessary for the performance of a public interest task

Rights related to automated decision making including profiling

13. Where we use automated decision making including profiling any service specific privacy notice will explain the logic involved, the significance and the potential consequences for you.

The right to withdraw consent

14. Where the legal basis for processing your personal information is consent, you have the right to withdraw that consent at any time by notifying us.

Please contact sholdenparishcouncil@live.co.uk and tell us which service you are using so that we can deal with your request. If you withdraw your consent it may not be possible to continue to provide you with that service.

The right to lodge a complaint

15. If you wish to complain about how we are processing your personal information please contact: –

Sholden Parish Council Town Hall,
High Street,
Deal CT14 6TR

email: sholdenparishcouncil@live.co.uk  Tel: 07464550069

You also have the right to complain to the Information Commissioner’s Office, at:

The Information Commissioner Wycliffe House
Water Lane
Wilmslow

Cheshire SK9 5AF

Phone: 0303 123 1113 or
01625 545745

Website: www.ico.org.uk

The consequences of failing to provide personal information.

16. There are occasions when you must provide personal information. Where such an obligation exists either as a statutory or contractual requirement, or a requirement necessary to enter into a contract, any service specific privacy notices will tell you and explain the possible consequences of failure to do so.

Processing personal information for a purpose other than that for which it was originally collected

17. Where we intend to process your personal information for a purpose other than that for which the personal data was collected, we will provide you with information on that other purpose before doing so.

 

Personal information about you which you have not provided to us

18. Sometimes we hold information about you which you have not provided to us. Where this is the case we will tell you in any service specific privacy notice. We will tell you the source of the information unless it is not possible to do so. If the specific source is not named then information will be provided about the nature of the sources (i.e. publicly/ privately held sources) and the types of organisation/industry/sector.

Further Information on this Privacy Notice can be obtained from:

The Parish Clerk, Sholden Parish Council, Town Hall,
Deal
Kent CT14 6TR

Tel (M): 07464550069

The Local Council Public Advisory Service (LCPAS), The Vision Centre,
5, Eastern Way,
Bury St. Edmunds,

Suffolk IP32 7AB Tel: 01284 766885

 

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