Data protection legislation
Bury Council's Data Protection Compliance Statement
Bury Council is fully committed to being accountable and be able to demonstrate compliance with the requirements of the new Data Protection Legislation which includes the revised Data Protection Act and the General Data Protection Regulation (GDPR). The council will ensure that all employees, elected Members have received all the necessary training and guidance and all organisations we do business with in the course of carrying out our duties strictly adhere to the new Data Protection Legislation.
Statement of Policy
The council needs to collect and use information about people in order to operate and provide effective public services. These may include members of the public, current, past and prospective employees, clients and customers and suppliers. In addition the council may be required by law to collect and use information in order to comply with the requirements of central government. This personal data will be handled and dealt with in accordance with the revised Data Protection Legislation and other legislation that protects personal data no matter how it is collected, recorded and used and whether it is on paper, in computer records or recorded by other means.
Bury Council regards the lawful and appropriate treatment of personal data as very important to its successful operations and essential to maintaining confidence between the council and those with whom it carries out business. The council therefore fully endorses and adheres to the Principles of the General Data Protection Regulation (GDPR).
These principles which are legally enforceable ensure that your personal data is:
- Processed lawfully, fairly and in a transparent manner in relation to individuals
- Collected for specified, explicit and legitimate purposes and not further processed in an manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Accurate and where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals;
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures in accordance with the rights of data subjects under the Act
Handling personal / special category data
Bury Council will, through effective management and use of appropriate controls, monitoring and reviews:
- Use your personal data in the most efficient and effective way to deliver better services
- Only collect and process personal data that is required
- Process personal data for such purposes as are described at the point of collection, through our Privacy Notices or for purposes which are legally permitted
- Keep your personal data accurate and up to date
- No to keep any personal data for longer than is necessary
- Securely destroy your personal data when it is no longer needed
- Take appropriate technical and organisational security measures to safeguard your personal data (including unauthorised or unlawful processing and accidental loss or damage of your personal data)
- Ensure that your personal data is not transferred abroad without suitable safeguards
- Ensure that your rights on personal data we hold on you can be fully exercised under the General Data Protection Regulation
These rights include:
- The right to be informed
- The right of access to personal data
- The right to request rectification
- The right to request erasure
- The right to restrict processing in certain circumstances
- The right to data portability
- The right to object to processing
Further information about your rights can be found on General Data Protection Regulation - Exercising your rights.
The right to erase your details
The right to erasure is not absolute and only applies in certain circumstances.
The right to erasure does not apply if processing is necessary for one of the following reasons:
- to exercise the right of freedom of expression and information;
- to comply with a legal obligation;
- for the performance of a task carried out in the public interest or in the exercise of official authority;
- for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
- for the establishment, exercise or defence of legal claims.
Please note that in most cases Bury Council will be processing your Personal data for the performance of a "public task", for example, collecting Council Tax and will not be able to erase your details.
The Council must act upon any request without undue delay and at least within one month of receipt.
The Act provides conditions for the processing of any personal data. It also makes a distinction between personal data and personal sensitive data now called special category data under GDPR.
Personal data is defined as any information relating to an identified or identifiable natural person
Special category data is defined as personal data consisting of information as to:
- Racial or ethnic origin
- Political opinion
- Religious / philosophical beliefs
- Trade union membership
- Physical or mental health or condition
- Sexual life or sexual orientation
- Biometric data
Processing personal data for law enforcement
The Data Protection Act 2018 Part 3 only applies to 'competent authorities' that are processing personal data for the primary purpose of law enforcement. It applies, but is not limited, to:
- the police, criminal courts, prisons, non-policing law enforcement; and
- any other body that has statutory functions to exercise public authority or public powers for any of the law enforcement purposes.
This therefore includes the Council when it undertakes a function or exercises a power in relation to the prevention, investigation, detection or prosecution of criminal offences.
For further information see: Law Enforcement Policy.