Privacy

1. Introduction

This Privacy Policy Statement sets out what information the parish council holds about a person, why it is held and how the parish council protects this personal data. The processing of personal data is governed by legislation including the UK General Data Protection Act, other legislation relating to personal data and rights such as the Human Rights Act. This Privacy Policy Statement can be read in conjunction with the parish council’s Data Protection Policy.

Personal data is defined as any information about a living individual which allows them to be identified from the data, for example a name, photographs, email address or address. Identification can be directly using data itself or combining it with other information which helps to identify a living individual.

2. The Parish Council’s Right to Process information

Ashburnham with Penhurst Parish Council is the data controller and this means the council decides how your personal data is processed and for what purpose.

The parish council has the right to process information as follows:

  • with consent of the data subject
  • necessary for compliance with a legal obligation
  • necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller

Your personal data will be treated as strictly confidential, and your personal data will not be shared with any third party unless another law permits this.

3. How Does the Parish Council Process and Use Your Data

Ashburnham with Penhurst Parish Council complies with its obligations under the General Data Protection Act 2018 Article 6 (1) by:

  • keeping personal data up to date
  • destroying it securely
  • not collecting or retaining excessive amounts of data
  • ensuring appropriate technical measures are in place to protect personal data

The parish council uses your data for the following purposes:

  • to enable the parish council to contact residents
  • to maintain our accounts and records
  • to manage our employees and volunteers
  • to fundraise and promote the interests of the parish council
  • to inform the public of news, events, activities and services

Data provided to the parish council helps the parish council to inform decisions in respect of the facilities it provides to the community and assists the parish council on feeding back local opinion to other parts of local government e.g. planning matters as well as enabling the parish council to answer and respond positively to resident’s questions and concerns.

Personal Data Processed by Ashburnham with Penhurst Council and the Lawful Basis for Processing

For each activity involving personal data, the council must identify a clear purpose and an appropriate lawful basis for processing. The table below sets out the purposes for which the council collect and use your personal data, the categories of data involved, and the lawful basis and any additional conditions we rely on.

Lawful basisMeaning
ConsentThe person has given consent for the council to use their information for a specific purpose.
ContractNecessary for a contract with the individual or requested pre-contract steps.
Legal obligationNecessary to comply with the law, excluding contractual duties.
Vital interestsNecessary to protect someone’s life.
Public taskNecessary for a public-interest task or official function to be a statutory function.
Recognised legitimate interestLimited to listed public-interest purposes such as emergencies, crime, safeguarding, national security or sharing personal information with an organisation that requires it for a public task.

Staff and Employment

Processing PurposeData Processing Lawful BasisReason
Recruitment and appointment decisionsCV, cover letter, qualifications, work history, references and recruitment sourceContract / Legal obligation / Public taskContract covers requested pre-employment steps; legal obligation covers right-to-work/equality duties; public task may support accountable public recruitment.
Determining employment termsIdentity, contact, role, workplace, employment status, qualifications and proposed termsContractNecessary to take steps before entering employment and to establish the employment relationship.

Staff and Employment

Processing PurposeData Processing Lawful BasisReason
Checking the right to work in the UKPassport, immigration status, right-to-work documents and identifiersLegal obligationNecessary to meet the employer’s legal right-to-work duties. Retain only the required evidence for the required period.
Employment-contract administrationStart/leaving dates, contact details, role, workplace, performance, leave, licences and employment recordsContract / Legal obligation / Public taskUse contract for necessary employment administration, legal obligation for employment duties and public task only where linked to a council function.
Disciplinary and grievance managementIdentity, employment records, allegations, evidence, performance and outcomeContract / Legal obligation / Public taskMay be necessary to administer employment, comply with employment law and manage the council as a public authority.
Accidents, injuries and insurance claimsVisitor/employee identity, incident details, injuries, witnesses, policy and claim numbersLegal obligation / Public taskLegal obligation may cover health-and-safety and reporting duties; public task may cover management of council premises and services.
Emergency contact and life protectionNext-of-kin details, emergency contact and necessary health/incident informationVital interestsUse only where processing is necessary to protect someone’s life. Routine storage of emergency contacts may require another basis, such as contract or legitimate interests outside a public task.
Emergency, safeguarding or crime responseNecessary identity, incident, location, person, IT-log or allegation dataRecognised legitimate interest – only if a listed condition is metThis basis is limited to the statutory conditions for emergencies, safeguarding, crime, public/national security or a qualifying public-task disclosure.

Payroll

Processing PurposeData ProcessingLawful BasisReason
  Sharing data with public bodies, HMRC or payroll provider  Identity, contact, pay, tax, employment and transaction information  Legal obligation / ContractLegal obligation applies to sharing payroll information with HMRC and other public bodies where required by law, including tax and National Insurance reporting. Contract applies where processing is necessary to pay staff under their employment contracts. A payroll provider processes the necessary data on the council’s behalf under a data processing agreement.
Pay, tax and National InsuranceBank details, NI number, tax code, pay, deductions, expenses and payment identifiersContract / Legal obligationContract is needed to pay agreed remuneration; legal obligation applies to tax, National Insurance and statutory reporting.
Contractual benefitsIdentity, employment status, eligibility, dependant and benefit informationContract / Legal obligationContract applies where processing is necessary to provide agreed benefits; legal obligation may apply to statutory benefits.

Pensions

Processing PurposeData ProcessingLawful BasisReason
Pension administrationIdentity, NI number, pay, contribution, beneficiary and dependent informationLegal obligation / ContractLegal obligation is normally central to automatic-enrolment and pension duties; contract may apply to agreed pension administration.

Finance and Procurement

Processing PurposeData ProcessingLawful BasisReason
AccountsNames, contact details, invoices, payments, expenses, bank details and audit recordsLegal obligation / Public taskNecessary for statutory accounts, financial administration, audit and lawful inspection of public accounts.
Suppliers, contracts and tendersSupplier contacts, quotations, tenders, contracts, bank details, insurance and performance records.Contract / Legal obligation / Public taskContract applies to necessary dealings with individuals; legal obligation and public task may apply to procurement, transparency and financial governance.
Management, planning, accounting and auditStaff identifiers, pay/expenses, performance, operational, transaction and audit recordsLegal obligation / Public taskNecessary for statutory accounting/audit duties and responsible administration of a public authority.

Facilities and Events

Processing PurposeData ProcessingLawful BasisReason
Hire of Pavilion and GroundsHirer contact details, booking information, payments, insurance, access needs and incident records.Contract / Legal obligation / Public taskContract applies to booking and hire; legal obligation may cover safety and accounts; public task may cover management of council facilities.
Event recordsOrganiser’s details, booking information, payments and insurance details.Contract / Public task / Legal obligation / ConsentUse the basis matching each purpose: booking, council event delivery, safety, or optional publicity and marketing.

Correspondence and Communications

Processing PurposeData ProcessingLawful BasisReason
CorrespondenceNames, contact details, correspondence, complaints, service requests, opinions and supporting evidencePublic task / Legal obligationUsually it is necessary to carry out council functions or respond under a legal duty; consent is not normally needed simply to answer correspondence. The Clerk responds on behalf of the council being a corporate organisation.

Correspondence and Communications

Processing PurposeData ProcessingLawful BasisReason
Official event photographsImages, video, captions, names, roles and event detailsPublic taskFor reporting on community events where publication is necessary and proportionate for official council reporting. The council must establish a process to inform attendees that photographs are being taken and explain how they may be used.
Social mediaUsernames, public comments, direct messages, images, moderation records and platform analyticsPublic taskUse for official council communications and website.
Press releasesNames, roles, contact details, quotations, photographs and relevant contextual informationPublic task / Legal obligation / ConsentPublic task applies to official communications; legal obligation to required publication; consent to optional personal stories, quotations or portraits.
Website publicationPeople named in published documents, photographs contact details, technical logs.Public task / Legal obligation / ConsentPublic task and legal obligation apply to council services and publication; consent applies to personal information.
Third-party management of council dataNames, contact details, correspondence, council records and system logs needed for outsourced storage, hosting, backups and IT support.Public task / Legal obligation; otherwise the lawful basis for the underlying activity.To support council functions and duties. Providers acting as processors must follow documented council instructions under an Article 28 agreement, with appropriate confidentiality and security safeguards. The council has a Data Sharing and Non-Disclosure agreements in place – September 2026..
IT and communications security monitoringAccount identifiers, device and system-use information, security and access logsLegal obligation / Public taskTo protect the IT system, email accounts, and electronic communications against unauthorised access, malware, phishing and other security threats.

Governance and Councillors

Processing PurposeData ProcessingLawful BasisReason
Minutes, agendas and meeting papersNames, roles, attendance, declarations, statements, correspondence and decision recordsLegal obligation / Public taskNecessary for statutory meetings, democratic decision-making, transparency and publication duties.
Councillor informationNames, roles, official contact details, committee membership, attendance, training, allowances and declarationsPublic task / Legal obligationNecessary to administer elected members and comply with governance, transparency and financial duties.
Councillors’ register of interestsIdentity, office, employment or business, land, securities, gifts, memberships and connected-person interestsLegal obligation / Public taskNecessary to collect, maintain and publish interests under standards and local-government law.

Community Grants and Planning

Processing PurposeData ProcessingLawful BasisReason
Grant applications to the councilApplicant contacts, project details, declarations, bank details, financial information and monitoring recordsPublic task / Legal obligation / ContractPublic task applies to grant-making under a council power; legal obligation to finance and audit; contract may cover an award agreement.
Planning applicationsApplicant, agent and resident details, property addresses, representations, plans and council responsesPublic task / Legal obligationNecessary for the council’s planning-consultee role and related meeting and publication duties.

4. Compliance with Data Protection Law

The data protection law states that the personal data the parish council holds about a person must be:

  • used lawfully, fairly and in a transparent manner
  • collected only for valid purposes that the parish council have clearly explained to the person and not used in any way that is incompatible with those purposes
  • relevant to the purposes the parish council has informed you and limited only to those purposes
  • accurate and kept up to date
  • kept only as long as necessary
  • kept and destroyed including ensuring the appropriate technical and security measures are in place to protect a person’s personal data, to protect personal data from loss, misuse, unauthorised access and disclosure
  • never disclosed without consent of the persons unless required by law

5. How Long Does the Parish Council Keep Your Personal Data

The legislation provides that personal data will only be retained under the following circumstances:

  • consent from the data subject is held
  • the data is necessary for the performance of a contract
  • there is a legal obligation to hold it
  • holding data is important to protect the interests of the data subject or another person
  • holding the data is in the public interest; or
  • the parish council has a legitimate interest in holding it (except where such an interest is overridden by the interests or rights of the data subject)

The parish council has a Document Retention Policy which sets out what documents and for how long documents they are held as required under section 224 of the Local Government Act 1972.

6. Your Rights and Your Personal Data

Unless subject to an exemption under the General Data Act 2018, a person has the following rights in respect to your data:

  • the right to be informed. Such rights are set out in this Privacy Policy Statement.
  • the right to request a copy of your personal data which Ashburnham with Parish Council holds about them
  • the right to request that Ashburnham with Parish Council corrects any personal data if it is found to be inaccurate or out of date
  • the right for a person to request their personal data is erased where it is no longer necessary for the Parish Council to retain such data
  • the right to withdraw the persons consent to the processing at any time
  • the right to request that the data controller provide the data subject for the person to request the data is transferred directly to another data controller (known as the right to data portability) where applicable. This only applies where the processing is based on consent or is necessary for the performance of a contract with the data subject and in either case the data controller processes by automated means
  • the right where there is a dispute in relation to the accuracy or the processing of your data, to request a restriction is placed on further processing
  • the right to object to the processing of personal data (where applicable). This only applies where processing is based on legitimate interests (or the performance of a task in the public interest / exercise of official authority)
  • the right to lodge a complaint with the Information Commissioners Office

7. Information Security

Ashburnham with Penhurst Parish Council has a duty to ensure the security of personal data and has put in place appropriate electronic and management procedures to safeguard and secure the data collected.

Please contact the Clerk for any further information on clerk@ashburnham-penhurst-pc.gov.uk or by mobile on 07443 490541.

Should you wish to make a complaint about the use of your personal data, you can contact the Information Commissioners Office:

  • Helpline number: 0303 123 1113
  • Website: ico.org.uk/make-a-complaint
  • The Information Commissioners address:
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire SK9 5AF

Date of Policy: September 2026

Date Adopted: 23 September 2026

Minute Reference:

Date for Next Review:

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