Privacy notice for code of conduct complaint and complaint against a councillor

Whatdo we use the information for?

We use this information to:

• record your response to the complaint against you and to contact you during the course of the investigation
  
• record your complaint against a councillor and to contact you to acknowledge your complaint and  if the matter is referred for investigation or for other action.

What information do we hold and use?

We collect and process the following information for a code of conduct complaint:

• your name, address, contacts details, the details of the complaint against you and any further information you provide to us or an investigating officer appointed on our behalf during the course of the investigation.   

We collect and process the following information for a code of conduct complaint against a councillor:

• your name, address, contact details, the details of your complaint against the councillor and any further information you provide to us or an investigating officer appointed on our behalf during the course of the investigation or if the matter is referred for investigation or for other action.

On what grounds do we use the information?

The information is used because the processing is necessary to perform a task in the public interest and the task has a clear basis in law (Article 6, 1 (e)). The Localism Act 2011 s 28 (6) requires the council to have arrangement in place under which allegations of a failure to comply with a relevant authority’s code of conduct can be investigated and decisions on such allegations can be made. You cannot be compelled to provide your personal data if you make a complaint but if you do so the personal data that you provide that is necessary for the complaint to be considered will be used as part of the investigation. 

How do we collect this information?

We collect this information from information you send to us and from information that is collected from other sources in the course of the investigation. As an example if a matter is investigated other individuals may express certain opinions about you, these may be used as part of the investigation. 

Who we share your information with?

For a code of conduct complaint:

• if a matter is referred for investigation your name, address and contact details and the details of your complaint against you will be shared with the officer investigating the complaint. 
  
• once the officer investigating a complaint has reached a preliminary conclusion they will produce a draft report. This will contain your name. It will also contain the details of the complaint against you and any of your personal data that you or others have provided that it necessary for the complaint to be considered. This draft report will be shared with yourself and the person who made the complaint. 
  
• once any comments have been submitted a further draft report is produced which incorporates any comments submitted by you and the person who made the complaint. The draft report and a copy of all information received in the course of the investigation are then shared with the independent person for their comments. 
  
• Once the independent person has commented on the report a final copy of the report is produced. This will contain your name. It will also contain the details of your complaint against you and any of your personal data that you or others have provided that it necessary for the complaint to be considered. The default position is that this report will be a public report and will be available to view by all members of the public on the council’s website. 
  

For a complaint against a councillor:

• When you submit a complaint a report will be prepared for the standards committee assessment sub-committee. This will contain your name and the details of your complaint against the councillor. This information will be shared with the members of the subcommittee and the officers advising the subcommittee. 
  
• Following the decision of the sub-committee a decision notice will be produced. This will (subject to your identity being withheld) contain your name. It will also contain details of your complaint against the councillor. A copy of the decision notice is sent to the councillor you have made a complaint about and if they are a member of a town or parish council with the clerk to that council. The decision notice is a public document and a copy of it will be provided to any member of the public who asks for a copy. 
  
• If the matter is referred for investigation your name, address and contact details and the details of your complaint against the councillor will be shared with the officer investigating the complaint. 
  
• Once the officer investigating a complaint has reached a preliminary conclusion they will produce a draft report. This will (subject to your identity being withheld) contain your name. It will also contain the details of your complaint against the councillor and any of your personal data that you or others have provided that it necessary for the complaint to be considered. This draft report will be shared with yourself and the councillor against whom you made the complaint. 
  
• Once any comments have been submitted a further draft report is produced which incorporates any comments submitted by you and the councillor against whom you made the complaint. The draft report and a copy of all information received in the course of the investigation are then shared with the independent person for their comments. 
  
• Once the Independent Person has commented on the report a final copy of the report is produced. This will (subject to your identity being withheld) contain your name. It will also contain the details of your complaint against the councillor and any of your personal data that you or others have provided that it necessary for the complaint to be considered. The default position is that this report will be a public report and will be available to view by all members of the public on the council’s website. 

The council is not transferring this information outside of the country.

How long do we store it and is it secure?

Reports to committee and sub-committees are retained indefinitely. 

Files prepared by investigating officers in the course of their investigation are retained for a period of six years from the final determination of the complaint.

The council has retention schedules in place to ensure that information is only held for as long as it is needed. 

For information on how long your information will be held visit the retention explained page. 

Details of how we keep your information secure are available on the general privacy information page.

What rights do you have?

The rights that you have depend upon the grounds upon which we collected your information. All of the rights you could have outlined on the data protection page. In most cases, people who have been involved with democratic services will have the following rights:

• The right of access - You are entitled to see the information the service holds about you and can request a copy by emailing data.protection@eastriding.gcsx.gov.uk 
  
• The right to rectification - If you believe any information the service holds about you to be incorrect please email data.protection@eastriding.gcsx.gov.uk  and we will amend the information accordingly.
  
• The right to erasure/right to be forgotten – the service has determined that all requests to permanently delete a service user record will be dealt with on an individual basis. All requests for deletion should be sent to data.protection@eastriding.gcsx.gov.uk

No automated decision making will take place with regard to the personal information submitted. 

Where can I find out more?

If you want to know more about how the council uses information, your rights or have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance.

Contact details are available on the general privacy information page. 

Alternatively, you can contact the Information Commissioner’s Office.