DATA PROTECTION POLICY
This document outlines how the Office of Fabian Hamilton MP processes and manages personal data and:
Identifies the data controller;
Provides the lawful basis for processing personal data;
Outlines the scope of personal data held and processed:
Outlines the scope of the special category personal data held and processed:
Describes and justifies the data retention policy;
Outlines the process of Subject Access Requests: and
Contains a copy of the privacy notice.
The policies outlined within this document came into effect on Friday 25th May 2018.
1. Data Controller
The Data Controller is Fabian Hamilton MP.
2. Lawful basis for processing
Casework is processed primarily under the lawful basis of public task, with exceptional cases processed under the lawful basis of consent. The office undertakes to always act within the reasonable expectations of constituents and any other individuals about whom we hold personal data.
3.1 Data sources
Data held is that provided by constituents when they contact this office and correspondence with third parties in response to cases taken up. We may also use the Register of Electors for the constituency, which councils provide to elected representatives under the Representation of the People Act for electoral purposes only.
3.2 Data held
Personal data is stored electronically and securely on our computer systems. Our systems are in offices which are locked when unattended. No data is transferred outside of the EEA. This information predominantly includes but is not limited to:
Names, addresses and email addresses;
National Insurance numbers and Passport numbers; and
special category data (outlined in section 4).
4. Special category data
The office may hold special category data for a smaller number of data subjects. This data will be processed under the lawful basis indicated in section 2, as is permitted in clauses 23 and 24 of schedule 1 of the Data Protection Act. The data may include:
trade union activities;
race and ethnic origin;
criminal offences; and
physical and mental health.
5. Data retention policy
Personal data will be held for the duration of Fabian Hamilton’s role as Member of Parliament for Leeds North East. Casework and policy queries are often revisited and therefore, we deem it reasonable for an elected representative to hold personal data for the duration of office.
6. Subject Access Requests
The office will comply with Subject Access Requests in line with the guidance given by the Information Commissioner’s Office (ICO):
We will respond as quickly as possible, within 30 calendar days.:
We will request verification of the identity of any individual making a request, and ask for further clarification and details if needed;
Data subjects have the right to the following:
To be told whether any personal data is being processed;
To be given a description of the personal data, the reasons it is being processed and whether it will be given to another organisations or people;
To be given a copy of the information comprising the data; and
given details of the source of the data where this is available.
7. Privacy notice
The office will undertake to ensure constituents sharing their personal data have the opportunity to read the privacy notice:
The privacy notice will be published on Fabian’s website www.leedsne.co,uk;
Information on the privacy notice will be given in staff email signatures;
A link to the privacy notice will be included in Fabian’s auto-response:
A hard copy of the privacy notice can be requested by constituents by telephone: 0113 2496600 or email: email@example.com
This privacy notice relates to the personal data processed by the Office of Fabian Hamilton, Member of Parliament for Leeds North East, in relation to casework and policy queries.
Who is the Data Controller? The Data Controller is Fabian Hamilton MP, Member of Parliament for Leeds North East.
What does the office do? The office discharges the duties and functions of an elected Member of Parliament. As part of this work, the office conducts constituency casework and responds to policy queries, for which personal data of constituents must be processed.
How do we process data? This office processes constituents’ data under the lawful basis of public task or legitimate interest, depending on the matter raised by the constituent. In instances where this lawful basis is not sufficient and explicit consent is required, a member of the office will contact you to establish your consent.
Will we share your data with anyone else? If you have contacted Fabian about a personal or policy issue, the office may pass your personal data on to a third-party in the course of dealing with your enquiry, such as local authorities, government agencies, public bodies, health trusts, regulators, and so on. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only for the basis upon which they were originally intended. In any case, we will not use your personal data in a way that goes beyond your reasonable expectations in contacting us.
How long will you keep my personal data? The office will hold personal data for the duration of Fabian’s role as Member of Parliament for Leeds North East. If required for legal purposes data will continue to be held irrespective of a request to erase.
What rights do I have to my personal data? At any point while the office is in possession of, or processing personal data, you, the data subject, have the following rights
Right of access – you have the right to request a copy of the information that we hold about you;
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete;
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records;
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing;
Right of portability – you have the right to have the data we hold about you transferred to another organisation;
Right to object – you have the right to object to certain types of processing, such as direct marketing;
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling;
Right to judicial review: if our office refuses your request under rights of access, we will provide you with a reason why; and
You have the right to complain.
How can I contact somebody about my privacy? You can contact the office by letter (Fabian Hamilton MP, 147a Easterly Road, Leeds LS8 2RY) or email (firstname.lastname@example.org).
Please note that we will ask for identification should you choose to exercise any of the above rights in relation to personal data we hold.