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. 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 the Devon Association of Local Councils Ltd (DALC) which is the data controller for your data.
Other data controllers DALC works with:
- Our other member councils
- Local authorities
- National Association of Local Councils
- Other county associations
- Government departments including Companies House
- Breakthrough Communications Ltd
- The Parkinson Partnership
- Other not for profit entities
We may need to share your personal data with them so they can carry out their responsibilities to DALC and its members. If we and the other data controllers listed above are processing your data jointly for the same purposes, then DALC 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 DALC processes and for what purposes is set out in this Privacy Notice.
DALC 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 DALC, 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 services (such as a training course, purchase of publications, or DALC membership) or we pay you (such as expense payments) financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, policy numbers, and claim numbers;
- Where individuals are elected to the Board of Directors we will process the necessary personal data to register them with Companies House or to meet any other legal requirements;
- 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, and data regarding sexual life or orientation.
- Member stories; in order to promote our member councils we will share your stories on our website and in our annual report under the lawful basis of legitimate interests. We will not share personal data contained in member stories elsewhere (such as social media) so we retain control of your personal data.
How we use sensitive personal data
- We do not normally process sensitive personal data but may do so where appropriate such as:
- 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;
- information about your physical or mental health or condition in order to monitor sick leave and take decisions on your fitness for work.
- 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 it is needed in the public interest;
- Where we need to carry out our legal obligations.
- 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.
DALC 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 member 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);
- 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 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 relevant information;
- To maintain our own accounts and records;
- To seek your views, opinions or comments;
- To notify you of changes to our facilities, services and upcoming events
- To notify you of changes to our staff and other role holders;
- To send you relevant communications. These may include information about new legislation, changes to legal advice, campaigns, appeals, other new projects or initiatives;
- To process relevant financial transactions;
- To allow the statistical analysis of data so we can plan the provision of services;
- To allow for company business to be carried out by our Board of Directors.
What is the legal basis for processing your personal data?
DALC processes personal data which is necessary for the performance of a contract to which you may be a party to, or may want to enter, for example, membership, event bookings and subscriptions.
DALC processes personal data which is necessary to comply with its legal obligations, for example, providing personal information to regulators and statutory bodies.
DALC processes personal data in order to meet its legitimate interests as a membership association of local councils. For example, delivering member services, responding to general enquiries, publishing member stories, supporting our members and partners and improving our services.
If 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 DALC 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 DALC works with”;
- Our agents, suppliers and contractors. We may ask a commercial provider to publish or distribute newsletters on our behalf, or to maintain our website; we also employ other specialists who can provide specialist advice on your behalf. We employ an accountant who oversees invoices and payments.
- On occasion, 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.
- IT service providers in countries outside the EEA (European Economic Area).
- If we send you our newsletter, your data is processed by MailChimp who have certified their compliance with the EU-US Privacy Shield.
- If you complete one of our website surveys your data is processed by Microsoft Forms who have certified their compliance with the EU-US Privacy Shield.
- If you join in one of our webchats, your data will be processed by Zoom who have certified their compliance with the EU-US Privacy Shield.
How long do we keep your personal data?
We will keep some records permanently if we are legally required to do so or, for example, our Annual Report or minutes of our events. 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. DALC 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.
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. We aim to regularly update our records via the annual membership form.
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.
- You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Transfer of Data Abroad
Your data will be transferred outside the European Economic Area (“EEA”). This data will only be transferred to countries where there is an adequacy decision in place. 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.
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.
Data security is very important to DALC and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your collected data.
We take security measures to protect your information which are detailed below.
- Limiting access to our office to those that we believe are entitled to be there (keys to our office are only given to our staff, the building has a key code alarm).
- Where staff are working from home, secure password protected computers are used and no data is left on screens to be seen by others.
- Where staff are working from home, they will only have data in physical form where it is absolutely necessary. Any such data will be kept securely in a room with limited access. The data will be destroyed as soon as possible.
- We use appropriate procedures and technical security measures (including encryption and archiving techniques) to safeguard your information across all our computer systems, networks, website, office and any home office.
Changes to this notice
We keep this Privacy Notice under regular review and we will place any updates on this web page https://www.devonalc.org.uk/about-dalc. This Notice was last updated in August 2020.
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:
Devon Association of Local Councils Ltd, The Devon Rural Hub, Amory Building, Cheriton Bishop, Devon, EX6 6JH
or contact us here.