PN018 - Electoral Services Privacy Notice
Torfaen County Borough Council is committed to protecting your privacy when you use our services. This Privacy Notice is designed to give you information about the data we hold about you, how we use it, your rights in relation to it and the safeguards in place to protect it.
TCBC Service Area: PSSU
Work area: Elections
Contact Details: firstname.lastname@example.org
Privacy Notice Name: Electoral Services
Data Controller: Torfaen County Borough Council, c/o Civic Centre, Pontypool, NP4 6YB
If you wish to raise a concern about the handling of your personal data, please contact the Data Protection Officer on 01495 762200 or email email@example.com
Who provides your data to the Council?
The personal information we process is provided to us directly by you via your application to register to vote.
How does the Council collect this information?
- Application forms – Invitations to Register
- Application forms – Canvass Communications
- Computer Based Applications
- All applications received via Idox system
- By telephone call
- By email
- By letter
- By personal visit to the Civic Centre
What information does the Council collect about you?
The Election’s Team collects:
- Date of Birth
- National Insurance Number
- Email Address
- Telephone Number
Why does the Council process your personal data?
Under the UK General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is:
(e) We need it to perform a public task.
To comply with the legal obligations of the Council
Section 9 of the Representation of the People Act 1983 requires the Electoral Registration Officer to maintain a register of electors whilst Section 10 requires the Electoral Registration Officer to carry out an annual canvass of properties.
Special categories of personal data
We do not collect any special category or criminal data
Who has access to your data?
Your data is shared internally only with the appropriate staff where it is necessary for the performance of their roles. This data will include those electors details whom have chosen to opt-out.
Your data may also be shared externally with organisations for 'To verify your identity, the data you provide will be processed by the Individual Electoral Registration Digital Service managed by the Cabinet Office. As part of this process your data will be shared with the Department of Work and Pensions and the Cabinet Office suppliers that are data processors for the Individual Electoral Registration Digital Service. You can find more information about this at www.registertovote.service.gov.uk/register-to-vote/privacy
These may include, but not be limited to:
- Torfaen County Borough Council is entitled to receive a copy of the electoral register (Reg 107 of Representation of the People Regulations 2001)
- Councillors are entitled to the register for their electoral division (Reg 103 of Representation of the People Regulations 2001)
- MPs are entitled to the register for their constituency (Reg 103 of Representation of the People Regulations 2001).
- Members of the National Assembly for Wales are entitled to the register for their constituency or region (Reg 103 of Representation of the People Regulations 2001)
- Candidates at elections are entitled to a copy of the register for the seat they are contesting (Reg 108 of Representation of the People Regulations 2001).
- Local political constituency offices are entitled to receive a copy of the register covering their constituency (Reg 105 of Representation of the People Regulations 2001).
- A community or town council is entitled to receive a copy of the register covering their area (Reg 107 of Representation of the People Regulations 2001).
- A registered political party or recognised third party (and permitted participants at referenda) are entitled to receive a copy of the full register (Reg 109 of Representation of the People Regulations 2001)
- The Police are entitled to receive a copy of the full register (Reg 109 of Representation of the People Regulations 2001).
- The National Library for Wales is entitled to receive a copy of the full register (Reg 97 of Representation of the People Regulations 2001).
- The Electoral Commission is entitled to receive a copy of the full register (Reg 100 of Representation of the People Regulations 2001).
- The Boundary Commission is entitled to receive a copy of the full register (Reg 101 of Representation of the People Regulations 2001).
- The Returning Officer for the Torfaen constituency is entitled to receive a copy of the register for their area (Reg 98 of Representation of the People Regulations 2001).
- Credit Reference Agencies are entitled to receive a copy of the full register for the purpose of performing credit checks on payment of the statutory fee. (Regs 113 and 114 of Representation of the People Regulations 2001).
- Government departments may also purchase the full register (Regs 113 and 114 of Representation of the People Regulations 2001).
- The Courts Service are entitled to receive the register in order to summon residents for Jury service (Juries Act)
- The edited register must be sold to any person who requests a copy, only those elector’s details who have chosen not to opt out will be included (Reg 110 of Representation of the People Regulations 2001)
- Access requests for Crime prevention – Personal information may be provided if the Electoral Registration Officer is satisfied that the rules for the purposes of the prevention and detection of crime, or the apprehension or prosecution of offenders have been met.
Apart from where previously stated, we do not pass your details to third parties unless we are lawfully required do so.
Is the Data transferred out of the UK?
How does the Council keep your data secure?
The Council has internal policies in place to ensure the data it processes is not lost, accidentally destroyed, misused or disclosed. Access to this data is restricted in accordance with the Council’s internal policies and in compliance with the UK GDPR.
Data will be stored securely in:
- Paper forms are stored in secure files
- Electronic forms are stored on our secure drives
Where the Council engages third parties to process personal data on its behalf, they do so on the basis of written instructions. These third parties are also under a duty of confidentiality and are obliged to implement appropriate measures to ensure the security of data.
How long does the Council keep your data?
The Council will hold your personal data only for the period that is necessary and will follow organisational and Local Authority standards in this area. At the end of the retention period the Council will securely destroy or dispose of the data in line with retention schedules.
- Electoral Registers – 15 years in order to check entitlement to register of overseas electors
- Electoral Register Disclaimer Forms – 1 year
- Absent Vote identifiers – 5 years then ‘refreshed’ or deleted and right to vote by post / proxy removed
- Registration Forms and evidence as to age, nationality (including Household Enquiry Forms and Invitations To Register) for the lifetime of that register (1Year)
- Election documents are stored securely for 1 year
- Candidate’s home address forms at a Parliamentary election are destroyed on the 21st day after the member has been returned
- Candidate’s election expenses are kept securely for two years (except European and town/community candidate expenses that are stored for 1 year)
Are we making automated decisions/profiling with your data?
You have a number of Rights you can exercise:
- Access - to obtain a copy of your data on request
- Rectification – to require the Council to change incorrect or incomplete data
- Object, Restrict or Delete - under certain circumstances you can require the Council to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
- Data portability – to receive and/or transmit data provided to the Council to other organisations (this applies in limited circumstances)
- Withdraw your consent at any time (where consent has been given)
- To know the consequences of failing to provide data to the Council
- To know the existence of any Automated Decision-making, including profiling, and the consequences of this for you.
- To lodge a complaint with a supervisory authority (Information Commissioners Office)
If you would like to exercise any of these rights, please contact: Caroline Genever-Jones, Elections and Business Manager Email: Caroline.GeneverJones@Torfaen.gov.uk
The Information Commissioner can be contacted at: The Information Commissioner’s Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH. Telephone 0330 414 6421 or e-mail Wales@ico.org.uk
Last Modified: 10/05/2023
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