CYNGOR TREF CONWY TOWN COUNCIL
GUILDHALL CONWY LL32 8LD
Data Protection Policy
Cyngor Tref Conwy Town Council is committed to protecting the rights and freedoms of data
subjects and safely and securely processing their data in accordance with all of our legal
We hold personal data about our employees, residents, and other individuals for a variety of
This policy sets out how we seek to protect personal data and ensure that we understand
the rules governing the use of the personal data to which we have access in the course of
delivering our services. In particular, this policy requires staff to ensure that the Data
Protection Officer (DPO) be consulted before any significant new data processing activity is
initiated to ensure that relevant compliance steps are addressed.
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and service
development purposes including the following:
Compliance with our legal, regulatory requirements and good
practice including compliance with employment contracts
Gathering information to enable us to deliver our services
Operational reasons, such as recruitment, recording
transactions, training, security vetting,
Investigating complaints and responding to enquiries
Checking references, ensuring safe working practices,
monitoring and managing staff access to systems and facilities
and staff absences, administration and assessments
Monitoring staff conduct, disciplinary matters
‘Personal data’ means any information relating to an identified or identifiable
natural person (‘data subject’); an identifiable natural person is one who can be
identified, directly or indirectly, in particular by reference to an identifier such as
a name, an identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of that natural person.
Personal data we gather may include; individuals' phone number, home address,
email address, educational background, financial and pay details, details of
education and skills, marital status, nationality, and CV.
Special categories of data include information about an individual's racial or
ethnic origin, political opinions, religious or similar beliefs, trade union
membership (or non-membership), physical or mental health or condition,
criminal offences, or related proceedings, and genetic and biometric information
—any use of special categories of personal data should be strictly controlled in
accordance with this policy.
‘Data controller’ means the natural or legal person, public authority, agency or
other body which, alone or jointly with others, determines the purposes and
means of the processing of personal data; where the purposes and means of such
processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other
body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations which is performed on
personal data or on sets of personal data, whether or not by automated means,
such as collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination
or otherwise making available, alignment or combination, restriction, erasure or
This is the national body responsible for data protection. The supervisory
authority for our organisation is the Information Commissioners Office.
This policy applies to all staff and councillors, who must be familiar with this policy and comply with
This policy supplements our other policies relating to internet and email use, and document
retention We may supplement or amend this policy by additional policies and guidelines from time
to time. Any new or modified policy will be circulated before being adopted. The principles
Cyngor Tref Conwy Town Council shall comply with the principles of data protection (the Principles)
enumerated in the EU General Data Protection Regulation. We will make every effort possible in
everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the
data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
7. Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how
we comply with each Principle. You are responsible for keeping a written record of how all the data
processing activities you are responsible for comply with each of the Principles. This must be kept up
to date and must be available to the DPO for auditing compliance with this policy.
To comply with data protection laws and the accountability and transparency Principle of GDPR, we
must demonstrate compliance. You are responsible for understanding your particular responsibilities
to ensure we meet the following data protection obligations:
• Fully implement all appropriate technical and organisational measures;
• Maintain up to date and relevant documentation on all processing activities;
• Conducting data audits and risk assessments including Privacy Impact Assessments where
these are required.
• Implement measures to ensure privacy by design and default:
o Data minimisation;
o Pseudonymisation where this is identified as necessary;
o Allowing individuals to monitor processing;
o Creating and improving security and enhanced privacy procedures on an ongoing
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the
first Principle. This generally means that we should not process personal data unless we have a
lawful basis for processing the personal data.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first
principle and will be unlawful. Data subjects have the right to have any data unlawfully processed
Cyngor Tref Conwy Town Council is classified as a data controller (and we also process data). We
must maintain our appropriate registration with the Information Commissioners Office in order to
continue lawfully controlling and processing data.
If you are in any doubt about how we handle data, contact the DPO for clarification. Lawful basis for processing data
We must establish a lawful basis for processing data. Ensure that any data you are responsible for
managing has a written lawful basis approved by the DPO. It is your responsibility to check the lawful
basis for any data you are working with and ensure all of your actions comply the lawful basis. At
least one of the following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a
specific purpose. 2. Contract
The processing is necessary to fulfil or prepare a contract for the individual.
3. Legal obligation
We have a legal obligation to process the data (excluding a contract). 4. Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
5. Public Task
Processing necessary to carry out a public function, a task of public interest or the function has a
clear basis in law.
6. Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a
good reason to protect the individual’s personal data which overrides the legitimate interest.
7. Deciding which condition to rely on
If you are making an assessment of the lawful basis, you must first establish that the processing is
necessary. This means the processing must be a targeted, appropriate way of achieving the stated
purpose. You cannot rely on a lawful basis if you can reasonable achieve the same purpose by some
Remember that more than one basis may apply, and you should rely on what will best fit the
purpose, not what is easiest.
Consider the following factors and document your answers:
• What is the purpose for processing the data?
• Can it reasonably be done in a different way?
• Is there a choice as to whether or not to process the data?
• Who does the processing benefit?
• After selecting the lawful basis, is this the same as the lawful basis the data subject would
• What is the impact of the processing on the individual?
• Are you in a position of power over them?
• Are they a vulnerable person?
• Would they be likely to object to the processing?
• Are you able to stop the processing at any time on request, and have you factored in how to
Our commitment to the first Principle requires us to document this process and show that we have
considered which lawful basis best applies to each processing purpose, and fully justify these
We must also ensure that individuals whose data is being processed by us are informed of the lawful
basis for processing their data, as well as the intended purpose. This should occur via a privacy
notice. This applies whether we have collected the data directly from the individual, or from another
If you are responsible for making an assessment of the lawful basis and implementing the privacy
notice for the processing activity, you must have this reviewed by the DPO.
Special categories of personal data
What are special categories of personal data?
Previously known as sensitive personal data, this means data about an individual which is more
sensitive, so requires more protection. This type of data could create more significant risks to a
person’s fundamental rights and freedoms, for example by putting them at risk of unlawful
discrimination. The special categories include, for example, information about an individual’s:
• Ethnic origin;
• Trade union membership;
In most cases where we process special categories of personal data we will require the data subject's explicit
consent to do this unless exceptional circumstances apply, or we are required to do this by
law (e.g. to comply with legal obligations to ensure health and safety at work). Any such consent will
need to clearly identify what the relevant data is, why it is being processed and to whom it will be
The condition for processing special categories of personal data must comply with the law. If we do
not have a lawful basis for processing special categories of data that processing activity must cease.
• Analysing and documenting the type of personal data we hold;
• Checking procedures to ensure they cover all the rights of the individual;
• Identify the lawful basis for processing data;
• Ensuring consent procedures are lawful;
• Implementing and reviewing procedures to detect, report and investigate personal data
• Store data in safe and secure ways;
• Assess the risk that could be posed to individual rights and freedoms should data be
• Fully understand your data protection obligations;
• Check that any data processing activities you are dealing with comply with our policy and are
• Do not use data in any unlawful way;
• Do not store data incorrectly, be careless with it or otherwise cause us to breach data
protection laws and our policies through your actions;
• Comply with this policy at all times;
• Raise any concerns, notify any breaches or errors, and report anything suspicious or
contradictory to this policy or our legal obligations without delay.
Responsibilities of the Data Protection Officer:
• Keeping the council updated about data protection responsibilities, risks and issues;
• Reviewing all data protection procedures and policies on a regular basis;
• Reviewing the data inventory;
• Conducting internal audits of compliance with the GDPR;
• Answering questions on data protection from staff and councillors;
• Checking and approving data processing agreements with third parties;
• Supporting the completion of Privacy Impact Assessments;
• Investigating and reporting data breaches.
IT Security Responsibilities:
• Ensure all systems, services, software and equipment meet acceptable security standards;
• Checking and scanning security hardware and software regularly to ensure it is functioning
• Researching third-party services, such as cloud services the council is considering using to
store or process data.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive,
given the purpose for which it was obtained. We will not process personal data obtained for one
purpose for any unconnected purpose unless the individual concerned has agreed to this or would
otherwise reasonably expect this.
Individuals may ask that we correct inaccurate personal data relating to them. If you believe that
information is inaccurate you should record the fact that the accuracy of the information is disputed
and inform the DPO.
You must keep personal data secure against loss or misuse. Where other organisations process
personal data as a service on our behalf, contracts must be implemented with those third-party
organisations including specific data security arrangements. Storing data securely:
• In cases when data is stored on printed paper, it should be kept in a secure place where
unauthorised personnel cannot access it;
• Printed data should be shredded when it is no longer needed with reference to the time
limits in the council’s Document Retention Policy;
• Data stored on a computer should be protected by strong passwords that are changed
regularly. We encourage all staff to use a password manager
to create and store their
• Data stored on CDs or memory sticks or plug in hard drives must be encrypted or password
protected and locked away securely when they are not being used;
• The DPO must approve any cloud used to store data;
• Servers containing personal data must be kept in a secure location, away from general office
space, and protected by security software;
• Data should be regularly backed up in line with the council’s backup procedures
• Personal Data should never be saved directly to mobile devices such as laptops, tablets or
• All possible technical measures must be put in place to keep data secure.
We must retain personal data for no longer than is necessary. What is necessary will depend on the
circumstances of each case, taking into account the reasons that the personal data was obtained,
but should be determined in a manner consistent with our data retention guidelines as specified in
our data retention policy. Transferring data internationally
There are restrictions on international transfers of personal data outside the EEA. You must not
transfer personal data abroad, or anywhere else outside of normal rules and procedures without
first securing an opinion from the DPO.
Rights of individuals
Individuals have rights to their data which we must respect and comply with to the best of our
ability. We must ensure individuals can exercise their rights in the following ways:
1. Right to be informed:
• Providing privacy notices which are concise, transparent, intelligible and easily accessible,
free of charge, that are written in clear and plain language, particularly if aimed at children;
• Keeping a record of how we use personal data to demonstrate compliance with the need for
accountability and transparency.
2. Right of access:
• Enabling individuals to access their personal data and supplementary information;
• Allowing individuals to be aware of and verify the lawfulness of the processing activities.
3. Right to rectification:
• We must rectify or amend the personal data of the individual if requested because it is
inaccurate or incomplete;
• This must be done without delay, and no later than one month. This can be extended to two
months with permission from the DPO.
4. Right to erasure:
• We must delete or remove an individual’s data if requested and there is no compelling
reason for its continued processing.
5. Right to restrict processing:
• We must comply with any request to restrict, block, or otherwise suppress the processing of
• We are permitted to store personal data if it has been restricted, but not process it further;
• We must retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability:
• We must provide individuals with their data so that they can reuse it for their own purposes
or across different services:
• We must provide it in a commonly used, machine-readable format, and send it directly to
another controller if requested.
7. Right to object:
• We must respect the right of an individual to object to data processing based on legitimate
interest or the performance of a public interest task;
• We must respect the right of an individual to object to direct marketing, including profiling;
• We must respect the right of an individual to object to processing their data for scientific
and historical research and statistics.
8. Rights in relation to automated decision making and profiling:
• We must respect the rights of individuals in relation to automated decision making and
• Individuals retain their right to object to such automated processing, have the rationale
explained to them, and request human intervention.
When to supply a privacy notice
A privacy notice must be supplied at the time the data is obtained if obtained directly from the data
subject. If the data is not obtained directly from the data subject, the privacy notice must be
provided within a reasonable period of having obtained the data, which mean within one month.
If the data is being used to communicate with the individual, then the privacy notice must be
supplied at the latest when the first communication takes place.
If disclosure to another recipient is envisaged, then the privacy notice must be supplied prior to the
data being disclosed.
What to include in a privacy notice
Privacy notices must be concise, transparent, intelligible and easily accessible. They are provided
free of charge and must be written in clear and plain language, particularly if aimed at children
The following information must be included in a privacy notice to all data subjects:
• Identification and contact information of the data controller and the data protection officer;
• The purpose of processing the data and the lawful basis for doing so;
• The legitimate interests of the controller or third party, if applicable;
• The right to withdraw consent at any time, if applicable;
• The category of the personal data (only for data not obtained directly from the data
• Any recipient or categories of recipients of the personal data;
• Detailed information of any transfers to third countries and safeguards in place;
• The retention period of the data or the criteria used to determine the retention period,
including details for the data disposal after the retention period;
• The right to lodge a complaint with the ICO, and internal complaint procedures;
• The source of the personal data, and whether it came from publicly available sources (only
for data not obtained directly from the data subject);
• Any existence of automated decision making, including profiling and information about how
those decisions are made, their significances and consequences to the data subject;
• Whether the provision of personal data is part of a statutory of contractual requirement or
obligation and possible consequences for any failure to provide the data (only for data
obtained directly from the data subject).
Subject Access Requests
What is a subject access request?
An individual has the right to receive confirmation that their data is being processed, access to their
personal data and supplementary information which means the information which should be
provided in a privacy notice. How we deal with subject access requests
We must provide an individual with a copy of the information the request, free of charge. This must
occur without delay, and within one month of receipt. We endeavour to provide data subjects
access to their information in commonly used electronic formats, and where possible, provide direct
access to the information through a remote accessed secure system.
If complying with the request is complex or numerous, the deadline can be extended by two months,
but the individual must be informed within one month. You must obtain approval from the DPO
before extending the deadline.
We can refuse to respond to certain requests, and can, in circumstances of the request being
manifestly unfounded or excessive, charge a fee. If the request is for a large quantity of data, we can
request the individual specify the information they are requesting. This can only be done with
express permission from the DPO.
Once a subject access request has been made, you must not change or amend any of the data that
has been requested. Doing so is a criminal offence.
Right to erasure
________________________________________________________________ What is the right to erasure?
Individuals have a right to have their data erased and for processing to cease in the following
• Where the personal data is no longer necessary in relation to the purpose for which it was
originally collected and / or processed;
• Where consent is withdrawn;
• Where the individual objects to processing and there is no overriding legitimate interest for
continuing the processing;
• The personal data was unlawfully processed or otherwise breached data protection laws
• To comply with a legal obligation;
• The processing relates to a child.
How we deal with the right to erasure
We can only refuse to comply with a right to erasure in the following circumstances:
• To exercise the right of freedom of expression and information;
• To comply with a legal obligation for the performance of a public interest task or exercise of
official authority or the comply with a contract;
• For public health purposes in the public interest;
• For archiving purposes in the public interest, scientific research, historical research or
• The exercise or defence of legal claims.
If personal data that needs to be erased has been passed onto other parties or recipients, they must
be contacted and informed of their obligation to erase the data. If the individual asks, we must
inform them of those recipients.
The right to object
Individuals have the right to object to their data being used on grounds relating to their particular
situation. We must cease processing unless:
• We have legitimate grounds for processing which override the interests, rights and
freedoms of the individual.
• The processing relates to the establishment, exercise or defence of legal claims.
(We must always inform the individual of their right to object at the first point of
communication, i.e. in the privacy notice. We must offer a way for individuals to object online.)
The right to restrict automated profiling or decision making
We may only carry out automated profiling or decision making that has a legal or similarly significant
effect on an individual in the following circumstances:
• It is necessary for the entry into or performance of a contract;
• Based on the individual’s explicit consent;
• Otherwise authorised by law.
In these circumstances, we must:
• Give individuals detailed information about the automated processing;
• Offer simple ways for them to request human intervention or challenge any decision about
• Carry out regular checks and user testing to ensure our systems are working as intended.
The right to data portability
We must provide the data requested in a structured, commonly used and machine-readable format.
We must provide this data either to the individual who has requested it, or to the data controller
they have requested it be sent to. This must be done free of charge and without delay, and no later
than one month. This can be extended to 2 months for complex or numerous requests, but the
individual must be informed of the extension within 1 month and you must get an opinion from the
Using third party controllers and processors
As a data controller we must have written contracts in place with any third-party data processors
that we use. The contract must contain specific clauses which set out our and their liabilities,
obligations and responsibilities.
As a data controller, we must only appoint processors who can provide sufficient guarantees under
GDPR and that the rights of data subjects will be respected and protected.
As a data processor, we must only act on the documented instructions of a controller. We
acknowledge our responsibilities as a data processor under GDPR and we will protect and respect
the rights of data subjects.
Our contracts must comply with the standards set out by the ICO and, where possible, follow the
standard contractual clauses which are available. Our contracts with data processors must set out
the subject matter and duration of the processing, the nature and stated purpose of the processing
activities, the types of personal data and categories of data subject, and the obligations and rights of
At a minimum, our contracts must include terms that specify:
• Acting only on written instructions;
• Those involved in processing the data are subject to a duty of confidence;
• Appropriate measures will be taken to ensure the security of the processing;
• Sub-processors will only be engaged with the prior consent of the controller and under a
• The controller will assist the processor in dealing with subject access requests and allowing
data subjects to exercise their rights under GDPR;
• The processor will assist the controller in meeting its GDPR obligations in relation to the
security of processing, notification of data breaches and implementation of Data Protection
• Delete or return all personal data at the end of the contract;
• Submit to regular audits and inspections and provide whatever information necessary for
the controller and processor to meet their legal obligations;
• Nothing will be done by either the controller or processor to infringe on GDPR.
Criminal offence data
Criminal record checks
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based
solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence
data. All data relating to criminal offences is considered to be a special category of personal data and
must be treated as such.
Audits, monitoring and training
Regular data audits to manage and mitigate risks will inform the data inventory. This contains
information on what data is held, where it is stored, how it is used, who is responsible and any
further regulations or retention timescales that may be relevant. You must conduct a regular data
audit to ensure an up to date data inventory is maintained and make this available to the DPO.
Everyone must observe this policy. The DPO will carry out periodic internal audits to monitor
compliance of the council with this policy. The council will keep this policy under review and amend
or change it as required. You must notify the DPO of any breaches of this policy. You must comply
with this policy fully and at all times. Training
You will receive adequate training on provisions of data protection law specific for your role. You
must complete all training as requested. If you move role or responsibilities, you are responsible for
requesting new data protection training relevant to your new role or responsibilities.
If you have queries on data protection matters, contact the DPO.
Any breach of this policy or of data protection laws must be reported as soon as practically possible.
This means as soon as you have become aware of a breach. The council has a legal obligation to
report any data breaches to the ICO within 72 hours.
All members of staff have an obligation to report actual or potential data protection compliance
failures. This allows us to:
• Investigate the failure and take remedial steps if necessary;
• Maintain a register of compliance failures;
• Notify the ICO of any compliance failures that are material either in their own right or as
part of a pattern of failures.
Any member of staff who fails to notify of a breach or is found to have known or suspected a breach
has occurred but has not followed the correct reporting procedures will be liable to disciplinary
action. Failure to comply
We take compliance with this policy very seriously. Failure to comply puts both you and the
organisation at risk.
The importance of this policy means that failure to comply with any requirement may lead to
disciplinary action under our procedures.
Making Information Available
The Publication Scheme is a means by which the Council can make a significant amount of
information available routinely, without waiting for someone to specifically request it. The scheme
is intended to encourage local people to take an interest in the work of the Council and its role
within the community.
In accordance with the provisions of the Freedom of Information Act 2000, this Scheme specifies the
classes of information which the Council publishes or intends to publish. It is supplemented with an
Information Guide which will give greater detail of what the Council will make available and
hopefully make it easier for people to access it.
All formal meetings of Council and its committees are subject to statutory notice being given on
notice boards, the Website and sent to the local media. The Council publishes an annual programme
in May each year. All formal meetings are open to the public and press and reports to those
meetings and relevant background papers are available for the public to see. The Council welcomes
public participation and has a public participation session on each Council and committee meeting.
Details can be seen in the Council’s Standing Orders, which are available on its Website or at its
Occasionally, Council or committees may need to consider matters in private. Examples of this are
matters involving personal details of staff, or a particular member of the public, or where details of
commercial/contractual sensitivity are to be discussed. This will only happen after a formal
resolution has been passed to exclude the press and public and reasons for the decision are stated.
Minutes from all formal meetings, including the confidential parts are public documents.
The Openness of Local Government Bodies Regulations 2014 requires written records to be made of
certain decisions taken by officers under delegated powers. These are not routine operational and
administrative decisions such as giving instructions to the workforce or paying an invoice approved
by Council but would include urgent action taken after consultation with the Chairman, such as
responding to a planning application in advance of Council. In other words, decisions which would
have been made by Council or committee had the delegation not been in place.
The 2014 Regulations also amend the Public Bodies (Admission to Meetings) Act 1960 to allow the
public or press to film, photograph or make an audio recording of council and committee meetings
normally open to the public. The Council will where possible facilitate such recording unless it is
being disruptive. It will also take steps to ensure that children, the vulnerable and members of the
public who object to being filmed are protected without undermining the broader purpose of the
The Council will be pleased to make special arrangements on request for persons who do not have
English as their first language or those with hearing or sight difficulties.
The Council will as necessary undertake checks on both staff and Members with the the Disclosure
and Barring Service and will comply with their Code of Conduct relating to the secure storage,
handling, use, retention and disposal of Disclosures and Disclosure Information. It will include an
appropriate operating procedure in its integrated quality management system.
The Council has resolved to act in accordance with the Code of Recommended Practice for Local
Authorities on Data Transparency (September 2011). This sets out the key principles for local
authorities in creating greater transparency through the publication of public data and is intended to
help them meet obligations of the legislative framework concerning information.
“Public data” means the objective, factual data on which policy decisions are based and on which
public services are assessed, or which is collected or generated in the course of public service
The Code will therefore underpin the Council’s decisions on the release of public data and ensure it
is proactive in pursuing higher standards and responding to best practice as it develops.
The principles of the Code are
new technologies and publication of data should support transparency and
the provision of public data will be integral to the Council’s engagement with residents so that
it drives accountability to them. Timely
: data will be published as soon as possible following production.
Government has also issued a further Code of Recommended Practice on Transparency, compliance
of which is compulsory for parish councils with turnover (gross income or gross expenditure) not
exceeding £25,000 per annum. These councils will be exempt from the requirement to have an
external audit from April 2017. (Your Council Name) exceeds this turnover but will nevertheless
ensure the following information is published on its Website for ease of access:
• All transactions above £100;
• End of year accounts;
• Annual Governance Statements;
• Internal Audit Reports;
• List of Councillor or Member responsibilities;
• Details of public land and building assets;
• Draft minutes of Council and committees within one month
• Agendas and associated papers no later than three clear days before the meeting.
Adopted by Cyngor Tref Conwy Town Council at Full Council Meeting held on 08/05/2020