Information & Data Protection Policy
In order to conduct its business, services and duties, Whitnash Town Council
processes a wide range of data, relating to its own operations and some
which it handles on behalf of partners. In broad terms, this data can be
- Data shared in the public arena about the services it offers, its mode of
operations and other information it is required to make available to the
- Confidential information and data not yet in the public arena such as ideas
or policies that are being worked up.
- Confidential information about other organisations because of commercial
- Personal data concerning its current, past and potential employees,
Councillors, and volunteers.
- Personal data concerning individuals who contact it for information, to
access its services or facilities or to make a complaint.
Whitnash Town Council will adopt procedures and manage responsibly, all
data which it handles and will respect the confidentiality of both its own data
and that belonging to partner organisations it works with and members of the
public. In some cases, it will have contractual obligations towards confidential
data, but in addition will have specific legal responsibilities for personal and
sensitive information under data protection legislation.
This Policy is linked to our Quality Policy and ICT Policy which will ensure
information considerations are central to the ethos of the organisation.
The Town Council will periodically review and revise this policy in the light of
experience, comments from data subjects and guidance from the Information
The Council will be as transparent as possible about its operations and will
work closely with public, community and voluntary organisations. Therefore, in
the case of all information which is not personal or confidential, it will be
prepared to make it available to partners and members of the Town’s
communities. Details of information which is routinely available is contained in
the Council’s Publication Scheme which is based on the statutory model
publication scheme for local councils.
WHITNASH TOWN COUNCIL
Franklin Road Town Clerk
Whitnash Mrs J A Mason
Warwickshire Email: email@example.com
Telephone and Fax: 01926 470394
Protecting Confidential or Sensitive Information
Whitnash Town Council recognises it must at times, keep and process
sensitive and personal information about both employees and the public, it
has therefore adopted this policy not only to meet its legal obligations but to
ensure high standards.
The General Data Protection Regulation (GDPR) which become law on 25th
May 2018 and will like the Data Protection Act 1998 before them, seek to
strike a balance between the rights of individuals and the sometimes,
competing interests of those such as the Town Council with legitimate
reasons for using personal information.
The policy is based on the premise that Personal Data must be:
• Processed fairly, lawfully and in a transparent manner in relation to the data
• Collected for specified, explicit and legitimate purposes and not further
processed in a manner that is incompatible with those purposes.
• Adequate, relevant and limited to what is necessary in relation to the
purposes for which they are processed.
• Accurate and, where necessary, kept up to date.
• Kept in a form that permits identification of data subjects for no longer than is
necessary for the purposes for which the personal data are processed.
• Processed in a manner that ensures appropriate security of the personal
data including protection against unauthorised or unlawful processing and
against accidental loss, destruction or damage, using appropriate technical
or organisational measures.
Data Protection Terminology
Data subject – means the person whose personal data is being processed.
That may be an employee, prospective employee, associate or prospective
associate of BTC or someone transacting with it in some way, or an
employee, Member or volunteer with one of our clients, or persons transacting
or contracting with one of our clients when we process data for them.
Personal data – means any information relating to a natural person or data
subject that can be used directly or indirectly to identify the person.
It can be anything from a name, a photo, and an address, date of birth, an
email address, bank details, and posts on social networking sites or a
computer IP address.
Sensitive personal data – includes information about racial or ethnic origin,
political opinions, and religious or other beliefs, trade union membership,
medical information, sexual orientation, genetic and biometric data or
information related to offences or alleged offences where it is used to uniquely
identify an individual.
Data controller – means a person who (either alone or jointly or in common
with other persons) (e.g. Town Council, employer, council) determines the
purposes for which and the manner in which any personal data is to be
Data processor – in relation to personal data, means any person (other than
an employee of the data controller) who processes the data on behalf of the
Processing information or data – means obtaining, recording or holding the
information or data or carrying out any operation or set of operations on the
information or data, including:
• organising, adapting or altering it
• retrieving, consulting or using the information or data
• disclosing the information or data by transmission, dissemination or
otherwise making it available
• aligning, combining, blocking, erasing or destroying the information or data.
regardless of the Technology used.
Whitnash Town Council processes personal data in order to:
- fulfil its duties as an employer by complying with the terms of contracts of
employment, safeguarding the employee and maintaining information
required by law.
- pursue the legitimate interests of its business and its duties as a public
body, by fulfilling contractual terms with other organisations, and
maintaining information required by law.
- monitor its activities including the equality and diversity of its activities
- fulfil its duties in operating the business premises including security
- assist regulatory and law enforcement agencies
- process information including the recording and updating details about its
Councillors, employees, partners and volunteers.
- process information including the recording and updating details about
individuals who contact it for information, or to access a service, or make a
- undertake surveys, censuses and questionnaires to fulfil the objectives and
purposes of the Council.
- undertake research, audit and quality improvement work to fulfil its objects
- carry out Council administration.
Where appropriate and governed by necessary safeguards we will carry out
the above processing jointly with other appropriate bodies from time to time.
The Council will ensure that at least one of the following conditions is
met for personal information to be considered fairly processed:
- The individual has consented to the processing
- Processing is necessary for the performance of a contract or
agreement with the individual
- Processing is required under a legal obligation
- Processing is necessary to protect the vital interests of the individual
- Processing is necessary to carry out public functions
- Processing is necessary in order to pursue the legitimate interests of
the data controller or third parties.
Particular attention is paid to the processing of any sensitive personal
information and the Town Council will ensure that at least one of the
following conditions is met:
- Explicit consent of the individual
- Required by law to process the data for employment purposes
- A requirement in order to protect the vital interests of the individual or
Who is responsible for protecting a person’s personal data?
The Town Council as a corporate body has ultimate responsibility for ensuring
compliance with the Data Protection legislation. The Council has delegated
this responsibility day to day to the Town Clerk.
- Email: firstname.lastname@example.org
- Phone: 01926 470394
- Correspondence: The Town Clerk, Whitnash Town Council, Franklin
Road, Whitnash, CV31 2JH
Whitnash Town Council monitors the diversity of its employees, and
Councillors, in order to ensure that there is no inappropriate or unlawful
discrimination in the way it conducts its activities. It undertakes similar data
handling in respect of prospective employees. This data will always be treated
as confidential. It will only be accessed by authorised individuals within the
Council and will not be disclosed to any other bodies or individuals. Diversity
information will never be used as selection criteria and will not be made
available to others involved in the recruitment process. Anonymised data
derived from diversity monitoring will be used for monitoring purposes and
may be published and passed to other bodies.
The Council will always give guidance on personnel data to employees,
councillors, partners and volunteers through a Privacy Notice and ensure that
individuals on whom personal information is kept are aware of their rights and
have easy access to that information on request.
Appropriate technical and organisational measures will be taken against
Unauthorised or unlawful processing of personal data and against accidental
loss or destruction of, or damage to, personal data.
Personal data shall not be transferred to a country or territory outside the
European Economic Areas unless that country or territory ensures an
adequate level of protection for the rights and freedoms of data subjects in
relation to the processing of personal data.
Information provided to us
The information provided (personal information such as name, address, email
address, phone number) will be processed and stored so that it is possible for
us to contact, respond to or conduct the transaction requested by the
individual. By transacting with Whitnash Town Council individuals are
deemed to be giving consent for their personal data provided to be used and
transferred in accordance with this policy, however where ever possible
specific written consent will be sought. It is the responsibility of those
individuals to ensure that the Town Council is able to keep their personal data
accurate and up-to-date. The personal information will be not shared or
provided to any other third party or be used for any purpose other than that for
which it was provided.
The Councils Right to Process Information
General Data Protection Regulations (and Data Protection Act) Article 6 (1)
(a) (b) and (e)
Processing is with consent of the data subject, or
Processing is necessary for compliance with a legal obligation.
Processing is necessary for the legitimate interests of the Council.
The Town Council cares to ensure the security of personal data. We make
sure that your information is protected from unauthorised access, loss,
manipulation, falsification, destruction or unauthorised disclosure. This is done
through appropriate technical measures and appropriate policies.
We will only keep your data for the purpose it was collected for and only for as
long as is necessary, after which it will be deleted.
We will not process any data relating to a child (under 13) without the express
parental/ guardian consent of the child concerned.
Rights of a Data Subject
Access to Information: an individual has the right to request access to the
information we have on them. They can do this by contacting our Town Clerk
or Data Protection Officer:
Information Correction: If they believe that the information we have about
them is incorrect, they may contact us so that we can update it and keep their
data accurate. Please contact: Town Clerk.
Information Deletion: If the individual wishes the Town Council to delete the
information about them, they can do so by contacting the Town Clerk.
Right to Object: If an individual believes their data is not being processed for
the purpose it has been collected for, they may object by contacting the Town
Clerk or Data Protection Officer.
The Town Council does not use automated decision making or profiling of
individual personal data.
Complaints: If an individual has a complaint regarding the way their personal
data has been processed, they may make a complaint to the Town Clerk,
Data Protection Officer or the Information Commissioners Office
email@example.com Tel: 0303 123 1113.
The Council will always give guidance on personnel data to employees
through the Employee handbook.
The Council will ensure that individuals on whom personal information is kept are aware of their rights and have easy access to that information on request.
Making Information Available
The Publication Scheme is a means by which the Council can make a
significant amount of information available routinely, without waiting for
someone to specifically request it. The scheme is intended to encourage
local people to take an interest in the work of the Council and its role within
In accordance with the provisions of the Freedom of Information Act 2000, this
Scheme specifies the classes of information which the Council publishes or
intends to publish. It is supplemented with an Information Guide which will
give greater detail of what the Council will make available and hopefully make
it easier for people to access it.
All formal meetings of Council and its committees are subject to statutory
notice being given on notice boards, the Website and sent to the local media.
The Council publishes an annual programme in May each year. All formal
meetings are open to the public and press and reports to those meetings and
relevant background papers are available for the public to see. The Council
welcomes public participation and has a public participation session on each
Council and committee meeting. Details can be seen in the Council’s
Standing Orders, which are available on its Website or at its Offices.
Occasionally, Council or committees may need to consider matters in private.
Examples of this are matters involving personal details of staff, or a particular
member of the public, or where details of commercial/contractual sensitivity
are to be discussed. This will only happen after a formal resolution has been
passed to exclude the press and public and reasons for the decision are
stated. Minutes from all formal meetings, including the confidential parts are
The Openness of Local Government Bodies Regulations 2014 requires
written records to be made of certain decisions taken by officers under
delegated powers. These are not routine operational and administrative
decisions such as giving instructions to the workforce or paying an invoice
approved by Council but would include urgent action taken after consultation
with the Chairman, such as responding to a planning application in advance of
Council. In other words, decisions which would have been made by Council or
committee had the delegation not been in place.
The 2014 Regulations also amend the Public Bodies (Admission to Meetings)
Act 1960 to allow the public or press to film, photograph or make an audio
recording of council and committee meetings normally open to the public. The
Council will where possible facilitate such recording unless it is being
disruptive. It will also take steps to ensure that children, the vulnerable and
members of the public who object to being filmed are protected without
undermining the broader purpose of the meeting.
The Council will be pleased to make special arrangements on request for
persons who do not have English as their first language or those with hearing
or sight difficulties.
The Council will as necessary undertake checks on both staff and Members
with the Disclosure and Barring Service and will comply with their Code of
Conduct relating to the secure storage, handling, use, retention and disposal
of Disclosures and Disclosure Information. It will include an appropriate
operating procedure in its integrated quality management system.
The Council has resolved to act in accordance with the Code of
Recommended Practice for Local Authorities on Data Transparency
(September 2011). This sets out the key principles for local authorities in
creating greater transparency through the publication of public data and is
intended to help them meet obligations of the legislative framework
“Public data” means the objective, factual data on which policy decisions are
based and on which public services are assessed, or which is collected or
generated in the course of public service delivery.
The Code will therefore underpin the Council’s decisions on the release of
public data and ensure it is proactive in pursuing higher standards and
responding to best practice as it develops.
The principles of the Code are:
Demand led: new technologies and publication of data should support
transparency and accountability
Open: the provision of public data will be integral to the Council’s
engagement with residents so that it drives accountability to them.
Timely: data will be published as soon as possible following production.
Government has also issued a further Code of Recommended Practice on
Transparency, compliance of which is compulsory for parish councils with
turnover (gross income or gross expenditure) not exceeding £25,000 per
annum. These councils will be exempt from the requirement to have an
external audit from April 2017. Whitnash Town Council exceeds this turnover
but will never the less ensure the following information is published on its
Website for ease of access:
- All transactions above £100.
- End of year accounts
- Annual Governance Statements
- Internal Audit Reports
- List of Councillor or Member responsibilities
- Details of public land and building assets
- Draft minutes of Council and committees within one month
- Agendas and associated papers no later than three clear days before