Ashley & Broomhill Community Council
Privacy Notice
Ashley & Broomhill recognises its responsibility to comply with the Data Protection Act 1998 (DPA) and the General Data Protection Regulation 2018 (GDPR). The act and regulation regulate the use of personal data. Personal data is information that relates to an indentified or identifiable individual. What identifies an individual could be as simple as a name, a number, or an email address.
This document states how the ABCC complies with the Data Protection Act and the General Data Protection Regulation 2018, when holding personal data. All members must respect the confidentiality of personal data held by ABCC, which includes ABCC data held on the private computers of members.
Who are we and what do we do?
The Ashley & Broomhill Community Council is the Data Controller for your information.
Our primary purpose as a Community Council is to ascertain, co-ordinate and express the views of our community, and communicate them to Aberdeen City Council, and to other relevant public authorities, as well as to take appropriate action in the interests of our community.
We carry out different activities in support of this purpose and process different types of personal information to carry out these activities. More information about this is included below.
What personal data do we process and why?
Please see the table below (Appendix A), which sets out the types of personal data we process, where we get it from, why we process it, how long we keep it, who we share it with, and what our legal basis is in data protection law for doing so.
Lawful Basis for Processing Personal Data
The statutory purposes of Community Councils established under the Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 19732, as follows:
“In addition to any other purpose which a Community Council may pursue, the general purpose of a Community Council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.”
Guidance from Information Commissioners’ Office states that a body can rely on the category ‘Public Task’ as the lawful basis if you need to process personal data:
“ ‘in the exercise of official authority’. This covers public functions and powers that are set out in law; or to perform a specific task in the public interest that is set out in law.”
The ABCC’s main lawful basis for processing of data is the category ‘Public Task’ but for certain functions the basis is ‘legal obligation’.
Appendix A
Consent and you
Wherever Ashley & Broomhill Community Council is processing your personal information based on your consent, you can change your mind at any time and we will stop processing your data. You can do this by contacting Ashley & Broomhill Community Council.
Your data protection rights
Wherever Ashley & Broomhill Community Council is processing your information, you have rights.
The right to know why and how we are using your personal information
We will tell you why we need to collect your information and what we are going to use it for. We will also tell you about the purpose for processing your personal information, how long we will need to keep it for and who it will be shared with.
We will try our best to make this information easy to understand, using clear and plain English and will make sure you can find it when you need it. We will review the information in our privacy notices regularly and where necessary update it.
If you have any questions about why we use and how we manage your information you can contact us, and we will talk you through it.
You have the right of access to your information
You can ask Ashley & Broomhill Community Council to confirm that we are processing your information and you can request to see the information we have about you. This is sometimes called a Subject Access Request.
Sometimes we might need to verify who you are before we process your request. This is because we want to make sure we don’t give your information to anyone who is not authorised to have it.
Accessing a copy of the information we hold about you will normally be free of charge and will be provided to you within one month. If we can’t provide you the information within one month we will let you know and explain the reason why. It might be because the request is complex, so it will take us a bit longer to respond. In these cases, we can extend the time period but only to a maximum of 3 months in total.
There are some circumstances set out in law where we may not be able to give you all the information we hold about you. If these circumstances apply, we will give you as much information as we can.
If you’d like to make a request for subject access, please contact us.
You have the right to have inaccurate information about you corrected
It’s important to Ashley & Broomhill Community Council that the information we hold about you is correct and up to date. If we hold information about you that is incorrect or incomplete, you can ask us to correct it. We will do our best to fix it for you within one month. If it’s going to take us longer to correct it we will let you know within the first month, because if it’s a complicated case we can extend the period by two months.
If Ashley and Broomhill Community Council has shared this information with anyone else, we will tell them to correct it too, and if you ask us who they are we will tell you. If we regularly share your information with anyone else this will be in the privacy notice.
In some circumstances we might not be able to correct the information. This might be because we want to keep a record of the original information we received as well as the correction request as a supplementary statement. If this is the case, we will explain to you the reason why we are unable to fulfil your request.
The right to have your information deleted if there’s no reason for the Council to continue processing it
In some circumstances you can ask Ashley and Broomhill Community Council to delete or remove information we hold about you. This right is sometimes referred to as the “right to be forgotten”. This is a qualified right, which means it only applies in certain circumstances:
· If we no longer need your information for the purpose that we originally collected or processed it for
· If you gave your consent for us to use your personal information and you decide to withdraw it
· If we are using your information unlawfully
· If we need to delete your information to comply with a legal obligation that the Council is subject to
This means that in some cases we won’t be able to delete or remove your information. In such cases there will be a good reason why we can’t, and we will explain this to you.
You can request this right by contacting us. We will respond to your request within one month unless your request is complex, and we need more time. In this case we can extend the time period by two months. If we are not going to comply with your request, we will tell you within the first month and explain why.
You have the right to restrict the way we process your information
In some circumstances, you can tell us if you want us to stop processing information about you. We will restrict processing in the following circumstances:
· If you have exercised your right to have your information rectified
· If you have exercised your right to object to the processing of your information
· If we no longer need your information for the purpose that it was collected but you need us to keep it longer so you can establish or defend a legal claim
You can request this right by contacting us. When processing is restricted, we can store your information, but we won’t be able to process it any further. If we have shared this information with anyone else, we will tell them to stop processing your information too. We will retain enough information to ensure that any restrictions that are placed on processing your information are respected. If we decide to lift a restriction on the processing of your information, we will let you know.
Again, we have one month to respond to your request which can be extended by two months if it is a complex request. If we decide we can’t comply with your request, we will let you know within the first month and explain our reasons why.
You have the right to data portability
In some circumstances, you can ask us to give you a copy of your information so that you can re-use it. You can also ask us to send a copy to someone else on your behalf. We will make sure the information is in a machine-readable format. This is a qualified right, which means it only applies in certain circumstances:
· With information you have given directly to us.
· When we are processing your information based on your consent.
· When the processing is being done as part of a contract between you and the Council.
You can request this right by contacting us. We will do this within one month but if your request is complex, it might take a bit longer. In this case we may be allowed to extend the period we can respond by two months, but we will tell you about it and explain why.
You have the right to object to processing
This right is a qualified right which means it doesn’t always apply. You can tell us if you disagree with how we are processing your information about you if:
· We are processing your information for the performance of a task in the public interest or in the exercise of official authority.
· We are directly marketing to you.
· We are processing your information for historical research and statistics.
If we are processing your information in any of these ways we will tell you in the privacy notice. If you choose to exercise your right to object, we will stop processing your information unless we are able to:
· Demonstrate that the reason we are processing your information overrides your reason for objecting; or
· the processing is being done to establish, exercise or defend a legal claim.
This may mean that we won’t be able to stop processing your information, even if you make a request.
You can request this right by contacting us. Again, we have one month to respond to your request which can be extended by two months if it is a complex request. If we decide we can’t comply with your request, we will let you know within the first month and explain our reasons why.
You have rights in relation to profiling and automated decision making
Automated decision-making is when a computer or programme solely makes an important decision about you without a human being involved in the process of making that decision.
We will always tell you if we are using automated decision making or profiling to make decisions about you in our privacy
notice.
Your right not to be subject to a decision does not apply to all automated decisions. You would not be able to exercise this right when it’s necessary for entering into or for the performance of a contract between you and Ashley and Broomhill Community Council, and if it’s been authorised by law, for example, if we are using it for the prevention of fraud.
Your right to complain to the Information Commissioner’s Office
You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your information lawfully. For more information, please visit their website at: https://ico.org.uk/make-a-complaint/
Further Information and Contact Details
For further information about how we process your personal data or any queries you may have about Ashley and Broomhill Community Council and data protection please contact us.
More Information on The Right to be Informed and privacy notices is available on the ICO’s pages at: