Data Retention Policy - Elections
Dear Knowsley Metropolitan Borough Council,
I'm sure I made this FOI request (below) on 4th Oct 2022, yet I've not had an acknowledgment or response.
Can you please supply a copy of your ‘Data Retention Policy’ in regard to Local Elections/Parliamentary Elections and Notices of Polls and Statements of person nominated.
What is done with them after the election petition deadline had passed?
Yours faithfully,
Paul Woods
Dear Mr Woods,
Thank you for your email received on 17 October 2022 requesting information about data retention policy.
Please note you can now log a Freedom of Information request on our online portal on the following link
https://www.knowsley.gov.uk/your-council...
I have recorded your request for information under reference F2022.10.5917.
This has been passed to the relevant service and you will receive a response by 11 November 2022.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries) or if this falls within the regulations of an EIR (Environmental Information).
You will be informed if a fee is to be applied before information is to be provided.
If you need further information please contact me.
Kind regards,
Customer Liaison Team
Knowsley Council
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Your FOI request has been completed
Dear Paul Woods
Your FOI with Reference Number : 5917 has been completed please click on the link
below to view it
[1]https://knowsleytransaction.mendixcloud....
Customer Liaison Team
Knowsley Council
Archway Road
Huyton
Merseyside
L36 9UX
[2]www.knowsley.gov.uk
This e-mail and any attachments are confidential. It may contain
privileged information and is intended for the named recipient(s) only. It
must not be distributed without consent. If you are not one of the
intended recipients, please notify the sender immediately and do not
disclose, distribute, or retain this email or any part of it and do not
take any action based on it.
Unless expressly stated, opinions in this email are those of the
individual sender, and not of Knowsley MBC. Legally binding obligations
can only be created for, or be entered into on behalf of, Knowsley MBC by
duly authorised officers or representatives.
Knowsley MBC excludes any liability whatsoever for any offence caused, any
direct or consequential loss arising from the use, or reliance on, this
e-mail or its contents. We believe but do not warrant that this e-mail and
any attachments are virus free. You must therefore take full
responsibility for virus checking and no responsibility is accepted for
loss or damage arising from viruses or changes made to this message after
it was sent. Knowsley MBC reserves the right to monitor and/or record all
e-mail communications through its network in accordance with relevant
legislation.
References
Visible links
1. https://knowsleytransaction.mendixcloud....
2. http://www.knowsley.gov.uk/
Dear Knowsley Metropolitan Borough Council,
Your reply stated, "In the case of this particular request, we can confirm that we adhere to all legislative requirements in relation to the retention of electoral related documents. In respect of statutory election notices (pre-election), these are retained for a period of one year from the date of the poll (stored securely) and then confidentially destroyed. Any such notices on display, for example on the Council’s website or in Council offices, are removed 21 calendar days following the date of the relevant election."
I am sorry to inform you that you have not followed this procedure. As a result you have left my home address online for many years and it is STILL there for anyone to see. Despite me NEVER having been a Councillor.
Please tell me what you are prepared to do in order to resolve this matter and compensate me for this clear breach of my personal data.
Yours faithfully,
Paul Woods
Dear Mr Woods
Thank you for taking the time to contact Knowsley Council with the details of your complaint.
We will give you a full response within 15 working days. If this is not possible, we will write to you within this time to explain why and let you know how long a full response will take.
If you need any further information please see contact details above.
For your information I have attached the link to the complaint procedure below, if you do not have access please contact the customer liaison team for a paper copy.
https://secured.knowsley.gov.uk/Document...
Yours sincerely
Gillian Ryan
Business Support Assistant
Democratic Services and Business Support
Telephone: 0151 443 5624
Knowsley Council,
Huyton Municipal - Fourth Floor,
Archway Road,
Huyton,
Knowsley
L36 9YU
This e-mail and any attachments are confidential. It may contain privileged information and is intended for the named recipient(s) only. It must not be distributed without consent. If you are not one of the intended recipients, please notify the sender immediately and do not disclose, distribute, or retain this email or any part of it and do not take any action based on it.
Unless expressly stated, opinions in this email are those of the individual sender, and not of Knowsley MBC. Legally binding obligations can only be created for, or be entered into on behalf of, Knowsley MBC by duly authorised officers or representatives.
Knowsley MBC excludes any liability whatsoever for any offence caused, any direct or consequential loss arising from the use, or reliance on, this e-mail or its contents. We believe but do not warrant that this e-mail and any attachments are virus free. You must therefore take full responsibility for virus checking and no responsibility is accepted for loss or damage arising from viruses or changes made to this message after it was sent. Knowsley MBC reserves the right to monitor and/or record all e-mail communications through its network in accordance with relevant legislation.
Dear KMBC Complaints DCR,
The link to your complaints procedure does not work. However, I do not follow procedures set by Knowsley Council, as I am not an employee.
I expect a response that resolves the data breach, which means deleting the data and offering reasonable compensation for the stress and sufferance of having my address online for 8 years.
Failure to do this will result in a complaint to the ICO and then the issuing of civil action. That would be the lawful procedure and the only procedure I follow.
Yours sincerely,
Paul Woods
Dear KMBC Complaints DCR,
You said, “We will give you a full response within 15 working days. If this is not possible, we will write to you within this time to explain why and let you know how long a full response will take.”
15 working days have expired and you have not given a full response nor written to me to explain why or how long a full response will take.
Yours sincerely,
Paul Woods
Dear Mr Woods
Complaint Reference 6525
We have thoroughly reviewed and investigated your complaint.
We can confirm that your information was published lawfully in line with statutory requirements and that we took action to remove that information from the Knowsley Council website in line with the policy which we explained in response to your associated Freedom of Information Act enquiry, i.e. we took action to remove it from the website within 21 calendar days following the date of the relevant Election. The information in question has not been accessible from the Knowsley Council website since being removed.
However, at the point when the information was removed from the Knowsley Council website, it should also have been deleted from the computer server which supports the website. Taking such action would have removed the risk of the information being visible or viewed elsewhere on the web. This work would be carried out by a third party website provider and - on this occasion – the required additional action was not taken. As a result, despite your information no longer being viewable on the website, it could still be found in the results of some (limited) internet searches. We apologise for this situation.
We have liaised with our website provider who has confirmed that the document referenced in your complaint has now been deleted from the server. We have confirmed that the information in question is no longer available.
The nature of how the internet operates means that a preview/title of the document (but NOT the data) could still appear in search engine results for some time. The chances of such search results arising will reduce over time.
We recognise your concerns in this respect and would like to assure you that we take our Data Protection Act obligations very seriously.
In relation to “offering reasonable compensation” as a result of your address being “online for 8 years”, your information would only have been accessible to somebody who was specifically searching for it. The information was not published on the website and would only have arisen in very specific search results. The Council does not consider that such a very limited situation would have caused you “stress and sufferance”. As you have suggested, however, you have recourse in that respect to a complaint to the Information Commissioner and/or legal action.
Yours Sincerely
Knowsley Borough Council
This e-mail and any attachments are confidential. It may contain privileged information and is intended for the named recipient(s) only. It must not be distributed without consent. If you are not one of the intended recipients, please notify the sender immediately and do not disclose, distribute, or retain this email or any part of it and do not take any action based on it.
Unless expressly stated, opinions in this email are those of the individual sender, and not of Knowsley MBC. Legally binding obligations can only be created for, or be entered into on behalf of, Knowsley MBC by duly authorised officers or representatives.
Knowsley MBC excludes any liability whatsoever for any offence caused, any direct or consequential loss arising from the use, or reliance on, this e-mail or its contents. We believe but do not warrant that this e-mail and any attachments are virus free. You must therefore take full responsibility for virus checking and no responsibility is accepted for loss or damage arising from viruses or changes made to this message after it was sent. Knowsley MBC reserves the right to monitor and/or record all e-mail communications through its network in accordance with relevant legislation.
Dear KMBC Complaints DCR,
I note the contents of your reply. However, I do not agree with you.
You have deleted one data breach, the other seven are still there for the world to see and they HAVE caused me stress and sufferance in the past and they continue to do so. You do not get to decide what causes me stress and what does not. I would assert that YOU would be stressed if YOUR address was online for the world to see for eight years.
Your data breaches have caused a number of incidents of people attending my property due to them having found my address from your breaches.
This data is simply NOT the preview/title of the document, it is data on YOUR website URL and is still there.
It is my intention to make a complaint to the ICO and to take civil action, as your arrogant apology and poor attempt at not deleting the data is another breach and has caused me additional stress.
Do you wish me to forward you my complete letter of claim in order that you can reconsider your position, if so please give me your email address. If not, please let me know asap and I will commence my ICO complaint and civil claim.
Yours sincerely,
Paul Woods
Dear Knowsley Metropolitan Borough Council,
F2022.10.5917
In regard to my complaint, please send me an email to respond to. My email address is paulwoods64 AT hotmail.co.uk
I responded to your response (6th Dec 2022) on 3rd Jan 2023.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
Paul Woods
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now