PRIVACY NOTICE - ELECTIONS AND ELECTORAL SERVICES
Your Personal Data
Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT.
Telephone: 01546 604188 or 01546 605522
Legal Obligation: Under the Representation of the People Act 1983 each Local Authority must by law appoint a “Returning Officer”. This is a personal appointment with its own statutory functions, separate to Argyll and Bute Council.
The Returning Officer has a statutory duty to process certain personal data for the purpose of administrating election and referenda; and as such, is subject to the requirements of data protection regulations as a “data controller”. Cleland Sneddon is the Returning Officer for Argyll and Bute Council and is the registered Data Controller with the Information Commissioners Officer (ICO).
For many of the Returning Officer functions, the Council’s Election Office will not be processing personal data on behalf of the Council; it will instead be processing personal data on behalf of one or more of the following statutory office holders:
- the Registration Officer appointed by the Council under Section 8 of the Representation of the People Act 1983;
- the Returning Officer appointed for the purposes of local authority elections by the Council under section 41 of the Representation of the People Act 1983;
- the Counting Officer responsible for the administration, within the Council’s local authority area, of any local, regional or national referendum;
- any other statutory office holder whose duties relate to administering elections or referenda and whose office is held by virtue of holding one or more of the offices described above or is otherwise required by law to be held by an officer of the Council.
What information do we need?
Your personal data is used under the following legal basis: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (ie the Returning Officer).
The personal data required includes:
- name and qualifying address
- alternative posting address for your postal vote issue, if applicable
- date of birth for postal vote
- details of your appointed proxy, if appointed
- elector number
- where postal voting statements are rejected during processing, the reason for rejection is recorded
- if you contact us via the election helpline, online or by email, contact details may be recorded in order to keep track of customer service
Why we need this information?
As a voter for an election we require your data for the following purposes:
- Producing poll cards (the card delivered to you prior to a poll indicating your chosen method of voting and other poll information).
- Production of statutory marked registers at the polling station. A register is marked at the polling station to ensure nobody votes more than once (unless they are appointed as a proxy).
- Production of the Corresponding Number List, a document used during polling when a ballot paper is allocated to a voter, this is used post poll if an allegation of fraud is made.
- For the production of postal votes, for the production and issuing of your postal vote pack, for receiving, processing and verifying your postal vote statement and for statutory returns and rejection notices as required by statute.
- Transferring data to print companies contracted to produce printed material related to the poll ie poll cards and postal vote packs.
About the Marked Registers
Marked Registers include your name, address and elector number. Under the Representation of the People Act 1983 or legislation relevant to that poll, the marked registers can, upon request, be inspected by the general public. Political parties have a statutory right to inspect and/or purchase a copy of the marked registers.
What we will do with your information?
Your information will be shared with the following recipients or categories of recipient:
- The Council’s Returning Officer
- The Electoral Registration Officer
- The Council’s Election Office
- Presiding Officers, Polling Place inspectors and other staff appointed by the Returning Officer to administer the poll
- Printing company contracted to produce the poll cars
- If you are voting by post, the printing company contracted to produce the postal vote packs
- Information included in the Marked Register which is statutory available
The Argyll and Bute Returning Officer is required by law to protect the public funds it administers. It may share information provided to them with other public bodies responsible for auditing, administering public funds, or where undertaking a public function, in order to prevent and detect fraud.
How long will we keep your information?
We will keep your information for the length of time specified in the Election Legislation if it is no longer required for the lawful purposes for which it was obtained, after which it will be destroyed under secure arrangements. More information on our retention policy can be obtained from the Data Protection Officer (contact details can be found above).
Automated Decision Making
No automated decision making will take place
When you provide information to the Council, you will have the following rights:
- to withdraw consent at any time, where the lawful basis specified above is consent
- to lodge a complaint with the Information Commissioner’s Office – see below for details
- to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
- to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
- to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.
Information Commissioner’s Office
The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Telephone: 0303 123 1113 Email: firstname.lastname@example.org
The Information Commissioner’s Office – Scotland, 45 Melville Street, Edinburgh, EH3 7HL Telephone: 0303 123 1115 Email: Scotland@ico.org.uk