Purpose and lawful basis for processing
Where a complaint is made against a Councillor or Parish Councillor or another monitoring issue is raised personal data will collected and processed for and on behalf of the Monitoring Officer.
The lawful bases we rely on for this are as follows:
- Article 6(1)(c) of the GDPR, which allows us to process personal data where this is necessary for compliance with a legal obligation to which we are subject (this includes compliance with the Local Government and Housing Act 1989 and the Localism Act 2011); and
- Article 6(1)(e) of the GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a local authority
If the information we collect or process pursuant to our provision our statutory role as (or on behalf of) the Monitoring Officer contains special category data, such as health or criminal offence information, the lawful basis we rely on to process it is article 9(2)(g) of the GDPR.
This also relates to our public task and the safeguarding of your fundamental rights. And Schedule 1 part 2(6) of the Data Protection Act 2018 which relates to statutory and government purposes. This can include the exercise a statutory function of the Council, the prevention or detection of an unlawful act, the exercise of a protective function or regulatory requirements to protect the public against dishonesty, to prevent fraud, to protect a child or an individual at risk or to disclose information to an elected representative who is acting on behalf of a request from a constituent and consent cannot reasonably be obtained (nor is withheld).
What we need
When investigating a complaint against a Councillor under the Code of Conduct, we will need your contact details, along with details pertaining to your complaint in order to investigate any breach of the Code of Conduct.
What we do with it
Issues raised with the Monitoring Officer will be recorded on a file and the details of the complaint will be shared as appropriate, and subject to any issues of confidentiality, in accordance with our Code of Conduct with the Councillor/Parish Councillor against whom the complaint is made, members of the Council's Ethics Committee, our Member Services team any person appointed by the Monitoring Officer to investigate the complaint and (where appropriate) the relevant Parish Clerk and the police or other regulatory agency.
How long we keep it
For information about how long we hold personal data, see our Retention Schedule.
What are your rights?
We are acting pursuant to our public task in respect of acting as or on behalf of the Monitoring Officer. You therefore have the right to object to our processing of your personal data. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it. For more information on your rights see Your Rights.