Privacy Notice - Your Vote Matters

Privacy Notice – Your Vote Matters

Who we are

Electoral Services, Corby Borough Council works on behalf of the Electoral Registration Officer.

The Electoral Registration Officer is the data controller required to collect and process your information in order to maintain your entry in the electoral register for the borough of Corby. 

The Electoral Registration Officer maintains the electoral register as a task carried out in the public interest ensuring your ability to vote in any election, or referendum for which you are eligible, and to comply with the Electoral Registration and Administration Act 2013, Electoral Registration (Disclosure of Electoral Registers) Regulations 2013 and Representation of the People Regulations 2001.

This Privacy Notice is published in line with General Data Protection Regulations (GDPR) and your right to be informed (Para 60, GDPR). Hard copies of this privacy notice are available on request, see “enquiries” below

The information we collect

The law makes it compulsory to provide certain information to the Electoral Registration Officer to ensure, as far is reasonably practicable, that all those eligible (and no others) are registered in it.

Steps include being able to inspect any records held by any person which he is permitted to inspect under or by virtue of any enactment or rule of law. Records we may inspect include information from Registrars, Council Tax, Local Planning Applications, Valuation Office Agency (part of Inland Revenue), Housing Vacations/Lettings, Home Office, other Local Authorities, Corby Borough Council’s ‘Customer First’ service and information gathered from the public. 

The above information is required on a lawful basis as per section 9A of the Representation of the People Act 1983 (amended by the Electoral Registration and Administration Act 2013) and Regulation 35, Representation of the People Regulations 2001.

We have a duty to maintain a complete and accurate register throughout the year and will not collect personal data from you that we do not (or no longer) need.

Information we collect includes your name, age, date of birth, current/previous address, national insurance number, signature and notes about relevant circumstances you tell us.

We may have to collect additional sensitive information to determine eligibility, including;

  • evidence to support an anonymous registration (Representation of the People Amended Regulations 2018)
  • reasons you require a postal/proxy vote or signature waiver on a postal vote (Sch 4, Representation of the People Act 2000)
  • evidence of nationality including your passport, marriage certificate or driving licence (Reg. 23 and Reg. 26B, Representation of the People Regulations 2001)
  • checking nationality or immigration status against government records

It is necessary to process the above special categories of personal data for reasons of substantial public interest and to ensure elector eligibility as per Regulation 26, Representation of the People Regulations 2001 and Section 9, Representation of the People Act 1983.

We retain records about potential and actual electors, voters, candidates, agents, staff employed and details of all charges, services and expenses that were necessary for the conduct of an election/referendum (Section 29(3) of the Representation of the People Act 1983 ). These records may be paper copies, or electronic. A document retention procedure and schedule is used to ensure that any such data is acquired in compliance with data protection principles detailed within this privacy notice, not retained for longer than necessary and is erased in line with statutory periods.

How we’ll use your information

To verify your identity, the data you provide will be processed by the Individual Electoral Registration Digital Service managed by the Cabinet Office. As part of this process your data will be shared with the Department of Work and Pensions and the Cabinet Office that are data processors for the Individual Electoral Registration Digital Service. You can find more information about this here: https://www.registertovote.service.gov.uk/register-to-vote/privacy.

Those that cannot have their identity verified will be asked for evidence of identity and/or eligibility as detailed in “The information we collect”.

Data you provide may be used:

  • for electoral purposes.
  • to allow you to vote in any election or referendum for which you are eligible, your details are required in law to be passed to the Returning Officer (or equivalent) for processing including production of poll cards and absent votes.
  • to confirm registered electors to relevant local authorities who are determining absent voting eligibility for postal and proxy voting arrangements.
  • to inform relevant local authorities of electors who have moved into or outside of an electoral area.
  • to conduct an Annual Canvass. This entails forms being delivered by Canvasser or post to every household to collect and correct information as prescribed on the form. This process is necessary to perform a task in the public interest and helps ensure that the electoral register is correct and up-to-date, as per Representation of The People Act 1983.
  • to improve, simplify and economise existing processes carried out by government departments, bodies and local authorities such as reforming the Annual Canvass in 2020. The Electoral Registration and Administration (ERA) Act 2013 contains a broad power in section 7 to amend or abolish the canvass in Great Britain through secondary legislation.
  • by the council for the prevention and detection of crime or fraud and enforcing the law. They may also be legally required to share your personal data with law enforcement bodies such as the Police, government authorities, partner agencies and organizations where the law allows or requires it.
  • by the council for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care. They may also be legally required to share your personal data with government authorities, partner agencies and organizations where the law allows or requires it.

Who we can share your information with

Using information received from the public, the Electoral Registration Officer maintains two registers, the electoral register and the open register (also known as the edited register).

A) The electoral register

The electoral register lists the names and addresses of everyone who is registered to vote in public elections. The register is used for electoral purposes, such as making sure only eligible people can vote. It is also used for other limited purposes specified in law, such as detecting crime (e.g fraud), calling people for jury service, and checking credit applications.

The electoral register displays limited personal information such as your name, address and (where applicable) markers indicating eligibility and/or qualifying dates for voting. If you are included in the electoral register anonymously, no information about you will appear in the electoral register and you will still be able to vote.

The Representation of the People Regulations 2001 (as amended) and the Local Audit and Accountability Act 2014 determine that only the following people and organisations can be supplied with the electoral register:

  • The British Library
  • Office for National Statistics
  • Electoral Commission
  • Parliamentary Boundary Commission for England
  • Local Government Boundary Commission
  • Jury Summoning Bureau
  • Elected Representatives (MP, MEPS, Local Councillors)
  • The Police and Crime Commissioner
  • Candidates standing for elections
  • A permitted participant (Section 105(1) of PPERA - Political Parties, Elections and Referendums Act 2000, Local and National Political Parties)
  • A recognised third party (Section 105(1) of PPERA, Local and National Political Parties)
  • The Council which appointed the Electoral Registration Officer (Reg 107, Representation of the People Regulations, 2001)
  • Parish and Community councils
  • Security Services i.e GCHQ, Police Forces, National Crime Agency (Article 10 of the GDPR)
  • Public Library or local authority archive services
  • Government departments or bodies
  • Credit Reference Agencies
  • National Fraud Initiative (Part 3 of the new Data Protection Bill)
  • Electoral Registration Officers
  • Returning Officers (for Elections/Referendums)
  • Counting Officers

It is a crime for anyone who has a copy of the electoral register to pass information from it on to others, if they do not have a lawful reason to see it. Also, they must only use the register for the purpose(s) in the regulations permitting its supply, once the purpose for which the register has been supplied has expired, they must securely destroy it, and they must understand the penalty for misuse.

Anyone can inspect the electoral register (Representation of the People Regulations 2002), however there are restrictions:

  • Inspection of the register will be under staff supervision.
  • Only hand-written notes may be taken. Photocopying or electronic recording are not allowed by law.
  • Names of Anonymous Electors will not be displayed
  • Information taken must not be used for direct marketing purposes, in accordance with data protection legislation, unless it has been published in the open version
  • Anyone who fails to observe these conditions is committing a criminal offence and will be charged a penalty of up to level 5 (currently £5,000).

Inspecting the electoral register

The current electoral register and subsequent notices of alteration (amendments, additions and deletions to the current Register) are available for supervised inspection at our One Stop Shop, The Corby Cube, George Street, Corby, Northants, NN17 1QG. Opening hours: 08:40am until 5pm Monday to Friday.

We are a small team and need to be available to help other residents, as well as run unscheduled/scheduled elections, referendums and the Annual Canvass. Therefore we may ask you to book an appointment or limit inspection to no more than 10 minutes per day.

We apologise for any inconvenience that this may cause.

Inspecting historic electoral registers

Once a new Annual Register of Electors is published, the previous version of the Register is no longer available for public inspection (Reg 43(1b), Representation of the People Regulations 2001). Historical copies of the electoral register may be available at the British Library for limited archival and research purposes. The British Library website is here.

B) The open register

The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details.

Your name and address will be included in the open register unless you ask for them to be removed. Removing your details from the open register does not affect your right to vote.

See “Your Right to Object” below.

Using contractors and suppliers

A limited number of businesses and partners (processors) are used to process your personal information; this includes the printing of necessary documentation i.e poll cards during an election or Household Enquiry forms used in The Annual Canvass. Where such arrangements are in place there is a contract, memorandum of understanding or information sharing protocol in place to ensure that only information appropriate to the task is shared and that the organisation complies with data protection law. Arrangements involving sensitive personal data will have been formally assessed in more detail for compliance with the law.

The information you provide is processed using Electoral Management Software, currently Xpress (part of the Civica group). It is necessary to process your data using a dedicated software system to enable the Council to carry out its public functions in maintaining the electoral register.

The information you provide is processed by online, print and mailing services provided by Adare SEC ltd and Civica Election Services (CES). It is necessary to outsource printing and automated response handling to external Data Processors due to the volume, complexity and time critical nature of the task and enable the Council in carrying out public functions in administering Electoral Registration (including The Annual Canvass) and holding Elections/Referendums (that you are eligible to vote in).

The website for Adare SEC ltd is here: www.adaresec.com and the privacy notice for Civica Election Services is located here https://www.civica.com/en-gb/civica-election-services/.

Transferring your information and the EEA area

Only person(s) listed under “Who we can share your information with” are entitled to data contained within the electoral register, who must require the data for a prescribed purpose and not retain the data when no longer necessary for that purpose, unless the original purpose has changed to one where the information is now held for scientific, historical, or statistical reasons.

Provisions supplied under GDPR, CHAPTER IX, Art. 86 permit disclosure of personal data on official documents where required by law. This affects persons included in the open register (Representation of the People Regulations 2001, Reg 110), who have not asked to be removed or ‘opted out’. Persons included are subject to their personal details (name and address) being purchased by anyone for any reason upon payment of the prescribed fee including the international transfer of data outside of the European Economic Area (EEA).

You have the right to remove your personal details from the open register anytime, as explained in detail under “right to object”.

Separate data controllers throughout the European Union must adhere to GDPR data protection legislation and take appropriate safeguards in preventing unauthorised access, unlawful processing, accidental loss and protecting your data.

An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject. (Article 21 of the GDPR )

How long we’ll keep your information

The Electoral Registration Officer is obliged to not keep any personal data for longer than is necessary for that purpose.

The Returning Officer is obliged to process your personal data in relation to preparing for and conducting elections and the Electoral Registration Officer will hold onto certain documents for a year after the election.

Your details will be kept securely and updated in accordance with legal obligations and in line with statutory retention periods and will work to a document retention policy.

How you can access your information

You can make a “subject access request” which entitles you to see what personal information we hold about you on paper and electronically. Information must be provided within one month (although it can be extended to two months in certain conditions).

Your request does not have to be made in writing, however staff carrying out the request must be satisfied of the requesters’ identity before fulfilling the request. This may entail asking for proof of identification of the requestor or posting requested information to the address held on record

In certain circumstances access to your records might be limited, for example, if the records you have asked for contain information that relates to another person. You are entitled to receive a copy of your records free of charge, however subsequent or excessive copies may be chargeable, in line with administrative costs.

If you wish to see a copy of your records see “Enquiries” below

Your right to rectification and right to portability

The Data Protection Act 2018 allows you certain rights; for example if there is an error in your records you have the right to make sure it is rectified or erased. Please contact Electoral Services where such rectification is required. Please note rectification can only apply to current and future revisions as once the Register is published it cannot be amended (Sect 13A, Representation of the People Act 1983).

Rights regarding data portability (Article 20, GDPR) do not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (i.e maintaining electoral registers). We will however try to provide data we hold on you, in a structured, commonly used, machine readable format when asked. See “How you can access your information”.

Your right to be forgotten and right to object

Your right to be forgotten (Article 17, GDPR) cannot be applied when processing is required for the performance of a public task or where it is necessary for archival in the public interest (i.e. maintaining electoral registers) as detailed within this privacy notice.

Your right to object to processing, cannot be applied to information where the collection of or the nature of the processing is specified in electoral law, as detailed within this privacy notice

 (Article 21(6), GDPR). However there are limited exceptions, such as:

Anonymous Registration

You may be able to register anonymously if you are concerned about your name and address appearing on the electoral register, because you think that it could affect your safety, or the safety of someone in your household. If you are included in the electoral register anonymously, no information about you will appear in the electoral register or open register and you will still be able to vote. The Electoral Registration Officer will not disclose your details to anyone unless legally required to do so (Representation of the People Regulations 2001). Further information on the process can be found here.

You have a right to object to your details appearing in the open register.

The open register is an extract of the electoral register, but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details. The personal data in the register must always be processed in line with data-protection legislation.

Your name and address will be included in the open register unless you ask for them to be removed. Removing your details from the open register would not affect your right to vote.

You have the right to “opt out” of the open register at anytime and we must notify statutory recipients in the next monthly update. You can choose to opt out of the Open Register by stating your name and address and emailing here or calling 01536 46 40 12/14.

The Electoral Registration Officer may use your email address and/or phone number to contact you regarding electoral registration under official authority vested in the data controller by, the Equalities Act, Section 69 of the Electoral Administration Act and Section 9A(2) of the Representation of the People Act 1983. However, contact through these means is not mandatory in being registered to vote, therefore the following objections apply.

You have a right to object to the use of your email address for the purposes of electoral registration. If you no longer want to be contacted by email you should contact the Electoral Registration Officer who is the Data Controller to unsubscribe. You can unsubscribe here or call 01536 46 40 12/14. We will keep a record of your preference not to be emailed.

You have the right to object to the use of your telephone contact details for the purposes of electoral registration. If you no longer want to be contacted by telephone you should contact the Electoral Registration Officer who is the Data Controller to unsubscribe. Email electoral.services@corby.gov.uk or call 01536 46 40 12/14. We will keep a record of your preference not to be contacted by telephone.

If employed, anytime by Electoral Services, you have the right to object to further processing of your staff details for employment, tax and pensionable purposes.

To remove your staff details for further processing at anytime. Email electoral.services@corby.gov.uk or call 01536 46 40 12/14. Please note limitations and statutory periods apply due to tax reasons as detailed in our Document Retention Schedule. We will keep a record of your objection to any further processing.

Working for us

If employed by Electoral Services, your details (including email and telephone number) will be kept securely and used only by our staff on a consensual and legitimate basis for employment, tax and pensionable purposes in relation to the Annual Canvass or Election(s). Your consent will remain valid until withdrawn by yourself or reviewed by the Employer. Please note limitations and statutory periods apply due to tax reasons as detailed in our Document Retention Schedule.

We will only share your details with an outside organisation for the purposes of tax, pensions, maintaining online staff accounts, communication regarding the Canvass, liaison with Polling Station Staff/Keyholders and potential future provision of e-learning resources for Presiding Officers and Poll Clerks.

Enquiries

For more information or to carry out a subject access request, please contact Electoral Services, Democratic Services, Corby Borough Council, The Corby Cube, Parkland Gateway, George Street, Northants, NN17 1QG. Phone: 01536 46 40 12, or email: electoral.services@corby.gov.uk

Any questions you have in relation to how we use your personal data should be sent to dp.officer@corby.gov.uk or addressed to The Data Protection Officer, Corby Borough Council, The Cube, Parklands Gateway, George Street, Corby, Northants, NN17 1QD.

Complaints

Any complaints you have in relation to how we use your personal data should be sent to dp.officer@corby.gov.uk or addressed to The Data Protection Officer, Corby Borough Council, The Cube, Parklands Gateway, George Street, Corby, Northants, NN17 1QD.

If you are not happy with our response, or you believe that your data protection or privacy rights have been infringed, you can complain to the UK Information Commissioner’s Office which regulates and enforces data protection law in the UK. Details of how to do this can be found at www.ico.org.uk

If you wish to make a complaint, which does not directly relate to your data protection and privacy rights, you can do so in accordance with Corby Borough Councils complaint policy.

Date published: 19/11/2020 14:20:00