Election Employee Privacy Notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Stirling Council administer and manage elections on behalf of the Returning Officer, who has responsibility for the delivery of elections and referendums in the
Stirling Council area, under the Representation of the People Act 1983. The Returning Officer position is a personal appointment with its own statutory functions. These are separate from those of Stirling Council.

To help administer elections on behalf of the appointed Returning Officer, we are required to employ individuals to support and deliver the election process. Part of our requirements of this process include;

• Verify those who wish to work at the election are eligible to work in the UK.
• Ensure those who are employed at the election receive payment for work undertaken.

Personal data is gathered as part of the application process and throughout any period on the Election Staff Register.

Details collected and used include:

• Name
• Address
• Email address
• Phone number
• Date of birth
• Sex
• ID documents for Right to Work
• Bank details
• National Insurance Number
• Tax / pension details
• Current/Previous Occupation
• Details of relevant experience and previous election appointments
• Election training records
• Pay for previous election appointments
• Election staff contract

We appoint election staff on behalf of the appointed Returning Officer to work at elections or referendums within the Stirling Council area.

The lawful basis for the Council processing your personal data comes under GDPR Article 6(1)(b) – processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

We obtain data directly from those who apply to the Election Staff Register when they submit their details in an online application, or update their details during their time on the Election Staff Register.

Records relating to election appointments, training and pay are generated and held by the Election Team.

This data will be held within the Council’s internal systems and third party management systems.

We will retain personal information for the minimum amount of time necessary; as required by law or for business needs.
Personal details are kept for as long as the election staff member consents and remains on the Election Staff Register.

Details of staff in election roles are provided to those managing the individual election functions for the purpose of managing election events on behalf of the Returning Officer, including to organise pay of election employees.

We use external third party election management software and an election training website to administer elections. Staff details are held and used in these systems and will
be transferred to any subsequent election management systems used by Stirling Council.

We are legally obliged to share certain data with other public bodies, such as HMRC and will do so where the law requires this. Specifically for this processing we are legally
obliged to share information about payments made to you with HMRC. We are also legally obliged to safeguard public funds so we are required to verify and check your details internally for fraud prevention. We may share this information with other public bodies (and also receive information from these other bodies) for fraud checking purposes.

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

• The right of access – You have the right to request information we hold about you. This is known as a subject access request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex.
  
  
• The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  
  
• The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  
  
• The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  
  
• The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.
  
  
• The right to object - You can object to your information being used for profiling, direct marketing or research purposes.
  
  
• You have rights in relation to automated decision making and profiling - to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.