Privacy Notices - Electoral registration service Privacy Notice
A Privacy Notice is a statement issued by an organisation which explains how data is collected, used and shared. You need to be aware of this Privacy Notice if you are submitting information for electoral purposes.
Who is collecting and using your personal data?
When we use your personal data the Electoral Registration Officer (ERO) and Returning Officer (RO) is the independent data controller. The ERO and RO have a statutory duty to process certain personal data to;
- maintain the electoral register
- administer and run elections and referendums.
- employ casual staff to run elections
We will ensure that the data given to us is processed in line with the Data Protection Act 2018 (DPA 18) and the EU General Data Protection Regulations (GDPR).
Why we are allowed to use your data and how long will we hold it?
In accordance with article 6 of the GDPR, data processing is necessary for the performance of a task carried out in the public interest or in the exercise of legal obligation vested in the data controller. The Electoral Registration legal obligation or public task is covered under various laws including (but not limited to):
- The Local Government Act 1972, 2000
- The Representation of the Peoples Act 1983
- The Immigration Act 2016
- The Equality Act 2010
In addition, in accordance with these legal obligations, we will hold your data for as long as the duration of the register, or, for the 15 year period we are legally required to.
Sharing your data
Who we can share your data with and how they use it:
- The Electoral Register is a public register and is available to be inspected.
- The Open (edited) version of the Electoral Register can be sold to third parties. You have the right to be removed from the Open Register.
- Depending on the election type, nomination papers can be available to be inspected.
- The Statement of Persons nominated, Notice of Election Agent and Notice of Poll must be published and posted within the electoral area.
- Credit reference
- Agencies for credit checking purposes.
- The police and other crime enforcement agencies.
- Elected representatives (Swindon Borough Council members, Swindon South and Swindon North MP’s, Police and Crime Commissioner), Parish Councils (within the SBC boundary)Returning Officer and other permitted participants able to use it for electoral purposes only.
- Registered Political Parties and nominated persons of a registered political party.
- Statistics Board.
- British Library, Electoral Commission and other permitted organisations for monitoring and electoral purposes only.
- Contractors providing IT services.
- Contractors providing printing services such as poll cards, postal packs and other electoral material.
Receiving data from a third party
We receive online applications to register via the Individual Electoral Registration Digital Service managed by the Cabinet Office. In order to verify new applicant’s details (using the online service or paper application form) data is shared with The Department of Works and Pensions and the Cabinet Office, for more information about this visit: www.registertovote.service.gov.uk/register-to-vote/privacy.
Protecting your data
We take the security of your data seriously. We have internal policies and controls in place to ensure that data is not lost, accidentally destroyed, misused or disclosed and is not accessed except by Electoral Registration staff in the proper performance of their duties.
Candidates standing for election
We are required by law to retain candidate nomination papers for candidates standing in elections for no longer than 12 months after the election, following which the documents are securely destroyed.
Home address forms provided by candidates standing in Parliamentary Elections are retained for a period of 21 days after the return of the legal writ, following which they are securely disposed of. However, if an election petition relating to the election is presented within the 21 calendar days, the home address forms must be kept securely until the conclusion of the petition proceedings (including any appeal from such proceedings). They must then be securely destroyed on the next working day following the conclusion of the proceedings or appeal.
We are required by law to retain candidate election expenses documents for a period of no more than 2 years from the date on which the expenses are received. At the end of the two year period, the respective candidate can request the return of the expenses documents. Otherwise the expenses documents will be securely disposed of.
Exercising your rights
You have a number of rights. You can:
- access and obtain a copy of your data on request (Subject Access Request)
- require the council’s elections team to change incorrect or incomplete data
- require the council’s elections team to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing
- object to the processing of your data where the council’s elections team is relying on its legitimate interests as the legal ground for processing
If you would like to exercise any of these rights, please contact the Returning Officer, Data Controller, Civic Offices, Euclid Street, Swindon SN1 2JH or email firstname.lastname@example.org.
If you believe that the Returning Officer has not complied with your data protection rights, you can complain to the Information Commissioner.