Standards Investigations privacy notice
What this Privacy Notice covers
Your privacy is very important to South Holland District Council.
South Holland District Council is the Data Controller responsible for the personal information you may provide in relation to complaints about district and parish councillors.
Our Data Protection Officer can be contacted by phone on 01775 761161, via email email@example.com or by writing to us at Legal Services, South Holland District Council, Council Offices, Priory Road, Spalding, Lincolnshire, PE11 2XE.
Your data will be processed by Public Sector Partnership Services Ltd (PSPSL) a company which is owned and controlled by East Lindsey and South Holland District Councils. PSPSL's Data Protection Officer can be contacted by phone on 01507 613303, via email firstname.lastname@example.org, or in writing to Data Protection Officer, PSPSL, The Hub, Mareham Road, Horncastle, LN9 6PH.
In certain circumstances we may commission an investigation by an independent investigator who is not employed by the Council, and they will be given access to your data as part of that process. If we do appoint an independent investigator, they will be obliged to handle your data in accordance with the Council's instructions.
Why we need your personal data
Your information will be used as evidence during the investigation of your complaint in order to enable the Council's Monitoring Officer to assess whether or not the councillor has breached the relevant council's Code of Conduct. The legal basis for processing your data is Article 6.1(c) of the General Data Protection Regulations - in that the Council has a legal duty to investigate complaints that a councillor may have breached the relevant Code of Conduct. This legal duty is set out in the Localism Act 2011.
How your data is used
We will only use your data for the specific purpose of investigating your complaint and making an assessment as to whether the councillor in question may have breached the Code of Conduct. If there is considered to have been a breach, we will also use your information when deciding whether or not any sanctions should be applied and if so the nature of the sanction.
In order to investigate your complaint, we will usually share your data with the councillor that you have made your complaint against, the clerk of the parish council (if your complaint relates to a parish councillor), any witnesses to the incident (if corroborating evidence is required), and a person appointed by the Council as an 'Independent Person' who, by law, is required to be consulted as part of the investigation. In certain circumstances, we may also have to share your data with the Police.
How long the information is kept for
We will keep your complaint, and all associated details for six years, at which point the information will be securely destroyed.
You have the right to access your data and to correct any inaccuracies. In some circumstances, rights under GDPR may not apply where to do so would likely prejudice proper discharge of the Monitoring Officer's responsibilities.