Privacy Policy
Trowbridge Town Council
Working with the Community
Data Protection Policy
This policy of Trowbridge Town Council covers Data Protection and is in accordance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018 which is due to come into force on 25th May 2018.
Council Information
Trowbridge Town Council The Civic Centre
St Stephen’s Place TROWBRIDGE
Wiltshire BA14 8AH
Tel: 01225 765072
E-mail: info@trowbridge.gov.uk
Trowbridge Town Council provides; The Civic Centre, Active Trowbridge, Trowbridge Museum, Longfield Community Centre, town centre CCTV, allotments and a range of recreational and play based facilities throughout the town. Trowbridge Town Council also owns; Woodmarsh Football Ground, North Bradley, Land adjacent to Doric Park Hilperton and Studley Green Community Centre.
Data Controller
Trowbridge Town Council is the Data Controller. See Privacy Notices for further details.
Data Protection Officer
Trowbridge Town Council has appointed Audit West as its Data Protection Officer.
Steve de-Bruin AMBCI CBCI Business Development Manager i-west/Audit West
01275 884283 / 01225 477043
Privacy Notices
Included in this policy are the two Privacy Notices used by Trowbridge Town Council.
A. Privacy Notice – General
B. Privacy Notice: For Staff, Councillors and Role Holders
Legal Basis
When we use data to contact an individual or pursue matter raised by an individual it will normally be through a Legal Basis based upon:
(1) Consent
A controller must be able to demonstrate that consent was given. Transparency is key: consents given in written declarations which also cover other matters must be clearly distinguishable, and must be intelligible, easily accessible and in clear and plain language. Consent is defined as any freely given, specific, informed and unambiguous indication of the data subject’s wishes – either by a statement or by a clear affirmative action.
Contractual necessity
Personal data may be processed if the processing is necessary in order to enter into or perform a contract with the data subject (or to take steps prior to entering into a contract).
Compliance with legal obligation
Personal data may be processed if the controller is legally required to perform such processing e.g. complying with the requirements of legislation.
Vital Interests
Personal data may be processed to protect the ‘vital interests’ of the data subject e.g. in a life or death situation it is permissible to use a person’s medical or emergency contact information without their consent.
Public Interest
Personal data may be processed if the processing is necessary for the performance of tasks carried out by a public authority or private organisation acting in the public interest.
[(2) Legitimate interests. Councils and parish meetings are public authorities and under the GDPR public authorities cannot rely on legitimate interests as a legal basis for processing personal data.]
The subject of the data will have a relationship with the appropriate officer or councillor of Trowbridge Town Council and can expect to receive communications from us and/or have data forwarded to other Data Controllers for the performance of a contract or pursuit of a matter on behalf of the person providing such personal data.
Disposal of Records
Personal data that is no longer needed will be disposed of securely. Personal data that has become inaccurate or out of date will also be disposed of securely, where we cannot or do not need to rectify or update it. For example, we will shred or incinerate paper-based records, and overwrite or delete electronic files. We may also use a third party to safely dispose of records on Trowbridge Town Council’s behalf. If we do so, we will require third party to provide sufficient guarantees that it complies with data protection law.
Training
All staff are provided with data protection training as part of their induction process. Data protection will also form part of their continuing professional development, where changes to legislation, guidance or the policies processes make it necessary.
Trowbridge Town Council Employee Responsibilities
Ensuring all personal data is kept in a safe place.
All information at clubs is to be kept securely.
Disclosure of any breaches to a Head of Service or the Town Clerk.
PRIVACY NOTICE – GENERAL
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data). The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR) and other legislation relating to personal data and rights such as the Human Rights Act.
Who are we?
This Privacy Notice is provided to you by Trowbridge Town Council which is the data controller for your data.
Other data controllers the council works with:
Other data controllers, such as local authorities, including Wiltshire Council and neighbouring parish and town councils.
Community groups
Charities
Other not for profit entities
Contractors including the Shires Shopping Centre which undertakes CCTV monitoring for the town centre CCTV system.
Credit reference agencies
We may need to share your personal data we hold with them so that they can carry out their responsibilities to the council. If we and the other data controllers listed above are processing your data jointly for the same purposes, then the council and the other data controllers may be “joint data controllers” which mean we are all collectively responsible to you for your data. Where each of the parties listed above are processing your data for their own independent purposes then each of us will be independently responsible to you and if you have any questions, wish to exercise any of your rights (see below) or wish to raise a complaint, you should do so directly to the relevant data controller.
A description of what personal data the council processes and for what purposes is set out in this Privacy Notice.
The council will process some or all of the following personal data where necessary to perform its tasks:
Names, titles, and aliases, photographs;
Contact details such as telephone numbers, addresses, and email addresses;
Where they are relevant to the services provided by a council, or where you provide them to us, we may process information such as gender, age, marital status, nationality, education/work history, academic/professional qualifications, hobbies, family composition, and dependants;
Where you pay for activities such as use of a council hall, financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers;
The personal data we process may include sensitive or other special categories of personal data such as criminal convictions, racial or ethnic origin, mental and physical health, details of injuries, medication/treatment received, political beliefs, trade union affiliation, genetic data, biometric data, data concerning and sexual life or orientation.
How we use sensitive personal data
We may process sensitive personal data including, as appropriate:
information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work;
your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
in order to comply with legal requirements and obligations to third parties.
These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
We may process special categories of personal data in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations.
Where it is needed in the public interest.
Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Do we need your consent to process your sensitive personal data?
In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
The council will comply with data protection law. This says that the personal data we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.
We use your personal data for some or all of the following purposes:
To deliver public services including to understand your needs to provide the services that you request and to understand what we can do for you and inform you of other relevant services;
To confirm your identity to provide some services;
To contact you by post, email, telephone or using social media (e.g., Facebook, Twitter, WhatsApp);
To help us to build up a picture of how we are performing;
To prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions;
To enable us to meet all legal and statutory obligations and powers including any delegated functions;
To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in accordance with best safeguarding practice from time to time with the aim of ensuring that all children and adults-at-risk are provided with safe environments and generally as necessary to protect individuals from harm or injury;
To promote the interests of the council;
To maintain our own accounts and records;
To seek your views, opinions or comments;
To notify you of changes to our facilities, services, events and staff, councillors and other role holders;
To send you communications which you have requested and that may be of interest to you. These may include information about campaigns, appeals, other new projects or initiatives;
To process relevant financial transactions including grants and payments for goods and services supplied to the council
To allow the statistical analysis of data so we can plan the provision of services.
Our processing may also include the use of CCTV systems for the prevention and prosecution of crime.
What is the legal basis for processing your personal data?
The council is a public authority and has certain powers and obligations. Most of your personal data is processed for compliance with a legal obligation which includes the discharge of the council’s statutory functions and powers. Sometimes when exercising these powers or duties it is necessary to process personal data of residents or people using the council’s services. We will always take into account your interests and rights. This Privacy Notice sets out your rights and the council’s obligations to you.
We may process personal data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract. An example of this would be processing your data in connection with the use of sports facilities, or the acceptance of an allotment garden tenancy.
Sometimes the use of your personal data requires your consent. We will first obtain your consent to that use.
Sharing your personal data
This section provides information about the third parties with whom the council may share your personal data. These third parties have an obligation to put in place appropriate security measures and will be responsible to you directly for the manner in which they process and protect your personal data. It is likely that we will need to share your data with some or all of the following (but only where necessary):
The data controllers listed above under the heading “Other data controllers the council works with”;
Our agents, suppliers and contractors. For example, we may ask a commercial provider to publish or distribute newsletters on our behalf, or to maintain our database software;
On occasion, other local authorities or not for profit bodies with which we are carrying out joint ventures e.g. in relation to facilities or events for the community.
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is currently best practice to keep financial records for a minimum period of 8 years to support HMRC audits or provide tax information. We may have legal obligations to retain some data in connection with our statutory obligations as a public authority. The council is permitted to retain data in order to defend or pursue claims. In some cases, the law imposes a time limit for such claims (for example 3 years for personal injury claims or 6 years for contract claims). We will retain some personal data for this purpose as long as we believe it is necessary to be able to defend or pursue a claim. In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.
Your rights and your personal data
You have the following rights with respect to your personal data:
When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.
1) The right to access personal data we hold on you
At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request we will respond within one month.
There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
The right to correct and update the personal data we hold on you
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
The right to have your personal data erased
If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it for to comply with a legal obligation).
The right to object to processing of your personal data or to restrict it to certain purposes only
You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request, we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
The right to data portability
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
The right to lodge a complaint with the Information Commissioner’s Office.
Transfer of Data Abroad
Any personal data transferred to countries or territories outside the European Economic Area (“EEA”) will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data (for example in a newsletter) may be accessed from overseas.
Further processing
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Changes to this notice
We keep this Privacy Notice under regular review and we will place any updates on our web page www.trowbridge.gov.uk This Notice was last updated in February 2018.
Contact Details
Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you or to exercise all relevant rights, queries or complaints at:
01225 7659072
PRIVACY NOTICE
For Staff, Councillors and Role Holders
*“Staff” means employees, workers, agency staff and those retained on a temporary or permanent basis
**Includes, volunteers, contractors, agents, and other role holders within the council including former staff*and former councillors. This also includes applicants or candidates for any of these roles.
Your personal data – what is it?
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photograph, video, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data). The processing of personal data is governed by legislation relating to personal data which applies in the United Kingdom including the General Data Protection Regulation (the “GDPR”) and other legislation relating to personal data and rights such as the Human Rights Act.
Who are we?
This Privacy Notice is provided to you by Trowbridge Town Council which is the data controller for your data.
The council works together with:
Other data controllers, such as local authorities, public authorities, central government and agencies such as HMRC and DVLA
Staff pension providers
Former and prospective employers
DBS services suppliers
Payroll services providers
Recruitment Agencies
Credit reference agencies
We may need to share personal data we hold with them so that they can carry out their responsibilities to the council and our community. The organisations referred to above will sometimes be “joint data controllers”. This means we are all responsible to you for how we process your data where for example two or more data controllers are working together for a joint purpose. If there is no joint purpose or collaboration, then the data controllers will be independent and will be individually responsible to you.
The council will comply with data protection law. This says that the personal data we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept and destroyed securely including ensuring that appropriate technical and security measures are in place to protect your personal data to protect personal data from loss, misuse, unauthorised access and disclosure.
What data do we process?
Names, titles, and aliases, photographs.
Start date / leaving date
Contact details such as telephone numbers, addresses, and email addresses.
Where they are relevant to our legal obligations, or where you provide them to us, we may process information such as gender, age, date of birth, marital status, nationality, education/work history, academic/professional qualifications, employment details, hobbies, family composition, and dependants.
Non-financial identifiers such as passport numbers, driving licence numbers, vehicle registration numbers, taxpayer identification numbers, staff identification numbers, tax reference codes, and national insurance numbers.
Financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers.
Financial information such as National Insurance number, pay and pay records, tax code, tax and benefits contributions, expenses claimed.
Other operational personal data created, obtained, or otherwise processed in the course of carrying out our activities, including but not limited to, CCTV footage, recordings of telephone conversations, IP addresses and website visit histories, logs of visitors, and logs of accidents, injuries and insurance claims.
Next of kin and emergency contact information
Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process and referral source (e.g. agency, staff referral))
Location of employment or workplace.
Other staff data (not covered above) including; level, performance management information, languages and proficiency; licences/certificates, immigration status; employment status; information for disciplinary and grievance proceedings; and personal biographies.
CCTV footage and other information obtained through electronic means such as swipecard records.
Information about your use of our information and communications systems.
We use your personal data for some or all of the following purposes: –
Please note: We need all the categories of personal data in the list above primarily to allow us to perform our contract with you and to enable us to comply with legal obligations.
Making a decision about your recruitment or appointment.
Determining the terms on which you work for us.
Checking you are legally entitled to work in the UK.
Paying you and, if you are an employee, deducting tax, and National Insurance contributions.
Providing any contractual benefits to you
Liaising with your pension provider.
Administering the contract, we have entered into with you.
Management and planning, including accounting and auditing.
Conducting performance reviews, managing performance and determining performance requirements.
Making decisions about salary reviews and compensation.
Assessing qualifications for a particular job or task, including decisions about promotions.
Conducting grievance or disciplinary proceedings.
Making decisions about your continued employment or engagement.
Making arrangements for the termination of our working relationship.
Education, training and development requirements.
Dealing with legal disputes involving you, including accidents at work.
Ascertaining your fitness to work.
Managing sickness absence.
Complying with health and safety obligations.
To prevent fraud.
To monitor your use of our information and communication systems to ensure compliance with our IT policies.
To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
To conduct data analytics studies to review and better understand employee retention and attrition rates.
Equal opportunities monitoring.
To undertake activity consistent with our statutory functions and powers
To maintain our own accounts and records;
To seek your views or comments;
To process a job application;
To administer councillors’ interests
To provide a reference.
Our processing may also include the use of CCTV systems for monitoring purposes.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal data.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform or change the contract we have entered into with you.
Where we need to comply with a legal obligation.
We may also use your personal data in the following situations, which are likely to be rare:
Where we need to protect your interests (or someone else’s interests).
Where it is needed in the public interest [or for official purposes].
How we use sensitive personal data
We may process sensitive personal data relating to staff, councillors and role holders including, as appropriate:
information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work;
your racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
in order to comply with legal requirements and obligations to third parties.
These types of data are described in the GDPR as “Special categories of data” and require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal data.
We may process special categories of personal data in the following circumstances:
In limited circumstances, with your explicit written consent.
Where we need to carry out our legal obligations.
Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our pension scheme.
Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of personal data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Do we need your consent to process your sensitive personal data?
We do not need your consent if we use your sensitive personal data in accordance with our rights and obligations in the field of employment and social security law.
In limited circumstances, we may approach you for your written consent to allow us to process certain sensitive personal data. If we do so, we will provide you with full details of the personal data that we would like and the reason we need it, so that you can carefully consider whether you wish to consent.
You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
Information about criminal convictions
We may only use personal data relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our data protection policy.
Less commonly, we may use personal data relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We will only collect personal data about criminal convictions if it is appropriate given the nature of the role and where we are legally able to do so. Where appropriate, we will collect personal data about criminal convictions as part of the recruitment process or we may be notified of such personal data directly by you in the course of you working for us.
What is the legal basis for processing your personal data?
Some of our processing is necessary for compliance with a legal obligation.
We may also process data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract.
We will also process your data in order to assist you in fulfilling your role in the council including administrative support or if processing is necessary for compliance with a legal obligation.
Sharing your personal data
Your personal data will only be shared with third parties including other data controllers where it is necessary for the performance of the data controllers’ tasks or where you first give us your prior consent. It is likely that we will need to share your data with:
Our agents, suppliers and contractors. For example, we may ask a commercial provider to manage our HR/ payroll functions, or to maintain our database software;
Other persons or organisations operating within local community.
Other data controllers, such as local authorities, public authorities, central government and agencies such as HMRC and DVLA
Staff pension providers
Former and prospective employers
DBS services suppliers
Payroll services providers
Recruitment Agencies
Credit reference agencies
Professional advisors
Trade unions or employee representatives
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is currently best practice to keep financial records for a minimum period of 8 years to support HMRC audits or provide tax information. We may have legal
obligations to retain some data in connection with our statutory obligations as a public authority. The council is permitted to retain data in order to defend or pursue claims. In some cases, the law imposes a time limit for such claims (for example 3 years for personal injury claims or 6 years for contract claims). We will retain some personal data for this purpose as long as we believe it is necessary to be able to defend or pursue a claim. In general, we will endeavour to keep data only for as long as we need it. This means that we will delete it when it is no longer needed.
Your responsibilities
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.
Your rights in connection with personal data
You have the following rights with respect to your personal data: –
When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.
The right to access personal data we hold on you
At any point you can contact us to request the personal data we hold on you as well as why we have that personal data, who has access to the personal data and where we obtained the personal data from. Once we have received your request we will respond within one month.
There are no fees or charges for the first request but additional requests for the same personal data or requests which are manifestly unfounded or excessive may be subject to an administrative fee.
The right to correct and update the personal data we hold on you
If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
The right to have your personal data erased
If you feel that we should no longer be using your personal data or that we are unlawfully using your personal data, you can request that we erase the personal data we hold.
When we receive your request we will confirm whether the personal data has been deleted or the reason why it cannot be deleted (for example because we need it for to comply with a legal obligation).
The right to object to processing of your personal data or to restrict it to certain purposes only
You have the right to request that we stop processing your personal data or ask us to restrict processing. Upon receiving the request, we will contact you and let you know if we are able to comply or if we have a legal obligation to continue to process your data.
The right to data portability
You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
The right to withdraw your consent to the processing at any time for any processing of data to which consent was obtained
You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).
The right to lodge a complaint with the Information Commissioner’s Office.
Transfer of Data Abroad
Any personal data transferred to countries or territories outside the European Economic Area (“EEA”) will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also
accessible from overseas so on occasion some personal data for example in a newsletter may be accessed from overseas.
Further processing
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing, if we start to use your personal data for a purpose not mentioned in this notice.
Changes to this notice
We keep this Privacy Notice under regular review and we will place any updates on the website: as well as on all staff notice boards around the Council. This Notice was last updated in 1st May 2018.
Contact Details
Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you or to exercise all relevant rights, queries or complaints at:
juliet.weimar@trowbridge.gov.uk
01225 765072
Data Protection Policy
Lance Allan – Town Clerk & Proper Officer
This policy was approved at the meeting of the Town Council on 15th May 2018
It will be reviewed and updated every four years, or more frequently if legislative or council organisational changes necessitate..