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Requests for information (FOI, EIR, SAR and ERASURE)

The Access to Information Team will make every effort to respond to requests for information within the statutory timescales however you are likely to experience delays as resources are re-directed to front line services because of Coronavirus. We apologise for this and appreciate your understanding and patience.

Councillor data privacy notice

Councillors represent residents 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 are registered with the Information Commissioner’s Office (ICO) as a Data Controller.

What type of personal information do Councillors collect and how do they collect it?

What type of personal data do we collect?

When we deal with your enquiry, we might collect information to help you. This may include:

  • your name
  • postal address
  • contact phone number
  • email address
  • details of your enquiry

In some cases, such as assisting you with specific issues or specific organisations, we might need more information such as:

  • your National Insurance number
  • a reference number(s)
  • your date of birth
  • a signature
  • information about your health needs
  • details of family members

In some cases, we might handle special category data such as medical information.

How we collect personal information

We might collect information from you in a number of ways, for example when:

  • they meet you in the community or at surgeries
  • you telephone or email
  • you send letters

What is a Councillor’s power to obtain and use personal data?

To collect and use your personal information, it is necessary for us to have a lawful basis. The ones that cover their work with your personal information are the following.

Consent

You provide your information and ask them to act on your behalf.

Protect your vital interests

Such as a life or death situation or to protect you from harm, or the vital interests of another person.

A task in the public interest or because of my role as a Councillor

We are authorised to use your personal information.

Legitimate interests

We need to process your data for their legitimate interests, or the legitimate interests of a third party.

Special category data

For the special category data, such as your medical information, they rely on the following conditions.

Explicit consent

This will usually be in writing.  

Protect vital interests

When you are unable to give consent and you or someone else is at risk of harm.  

Establishment, exercise or defence of legal claims

Or whenever courts are acting in their judicial capacity.

What is your personal information used for?

It is used to:

  • investigate and respond to your request for advice, guidance or information
  • investigate and respond to an enquiry or a complaint you have contacted us about

Will your personal information be shared?

In some cases, to enable us to deal with your issues, we may have to share your information with other organisations such as the DWP, the NHS, or other bodies, such as schools and charities.

Where possible, we will let you know when they have shared information.

In other cases, it might not be possible to tell you that the information was shared because of public interest issues such as an investigation or a police matter.

How do we keep your personal information secure?

We will keep your information securely. In addition, to the security provided by council devices, we will safeguard access to any information you provide.

How long will we keep your personal information?

As part of our work keeping track of your case, we will have to hold onto your information. Usually, this will be for 6 years, but it will vary depending on the type of issue since that creates different types of records.

Some of your personal information such as that associated with minor correspondence such as scheduling meetings, is held for less time.

Any information we hold at the end of our term in office is either passed to the appropriate Council representative or securely destroyed.

Is your personal information processed overseas?

Usually, we do not send your personal information outside the EEC. If we have to for any reason (such as using cloud computing servers with overseas data centres), we will ensure that it is done within the appropriate procedures and safeguards as set down by the Information Commissioner’s Office (the body that regulates data protection).

Marketing (if applicable)

At no time will we use your information or pass it to another organisation for marketing or sales purposes without your prior express consent.

What are your information rights?

Your information rights are set out in the law. Subject to some legal exceptions, you have the right to:

  • have any inaccuracies corrected
  • have your personal data erased;
  • place a restriction on our processing of your data
  • object to processing
  • request your data to be ported (data portability)

To exercise any of these rights please contact the relevant service in the first instance.

You also have the right to request a copy of the personal information we hold about you. To do this, please email accessinfo@havering.gov.uk 

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

If I have not been able to deal with your complaint, you can also contact the Information Commissioner's Office.

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

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