Local Government Boundary Review Elected Members Survey 2020 Privacy Notice

What does this Privacy Notice relate to?

This Privacy Notice has been produced to make it easier to understand and provide you with information about how Liverpool City Council seeks to collect and hold information about you in response to conducting a review of council size and warding patterns within Liverpool in accordance with the requirements of the Local Government Boundary Commission for England (LGBCE).

At this time, Liverpool City Council may seek to collect and process your personal data in order to develop a clear understanding of the role and responsibilities of Elected Members as well as to develop a profile of the demographic profile of Elected Members in comparison to the wider population of Liverpool.

Such information will be limited to what is proportionate and necessary, taking into account the latest guidance issued by the Government, in order to enable a formal submission to be developed.

This will enable Liverpool City Council to fulfil our statutory obligations to undertake research and analysis and provide a formal submission in relation to how local government boundaries and representation are to be structured within Liverpool.

What personal data is being collected?

We are seeking to collect a range of data relating to individual Elected Members of two main types:

  • Equalities and  Demographic Survey. The Equalities Survey seeks to gather data relating to the demographic and social profile of Elected Members for purposes of comparison with the wider population of Liverpool in order to demonstrate the representative composition of Elected Members for the city’s communities.

The information that we collect about you is:

  • Gender
  • Age

This Survey also seeks to collect sensitive information about you called special category data.  Special category data is defined as –

  • disability
  • ethnicity
  • sexual orientation
  • religious or other beliefs of a similar nature

We collect this information to comply with the Equality Act 2010 and the Public Sector Equality Duty 2011.  We may also use this information to see compare responses and the composition of Elected Members of the City Council to that of the wider population of Liverpool

Who is processing your data?

All personal data held, is processed in accordance with the Data Protection Act 2018 and General Data Protection Regulation. The Data Controller for the information outlined in this privacy notice is Liverpool City Council Democratic Services.

How will we use the information we hold about you?

We will use the information you provide to:

  • analyse your information in order to draft a formal submission to the Local Government Boundary Commission for England.
  • produce comparison data demonstrating the extent of the role, responsibilities and time spend by Elected Members in carrying out their duties and the likely future development of this role.

What is your lawful basis for processing your personal data?

The legal basis for processing the data is that it is in the public interest for us to prepare a formal submission in relation to the current Boundary Review of Liverpool, which is being conducted in accordance with Section 56 of the Local Democracy, Economic Development and Construction Act 2009.

Most of the personal information we process is provided to us directly by you, under the General Data Protection Regulation (GDPR), the lawful bases we rely on for using your personal information are: 

  • You gave us your consent (GDPR Article 6 (a) - You are able to remove your consent at any time. You can do this by contacting Services@liverpool.gov.uk
  • We need it to perform a public task (GDPR Article 6 (e)

When we collect data about your race, health (including biometric or genetic data), sex life, sexual orientation, ethnic origin, politics or trade union membership, we also rely on the following lawful basis:

  • You gave us your explicit consent (GDPR Article 9 (2) (a))
  • We need to analyse your information (GDPR Article 9 (2) (j))

The legislation we rely on when using your personal information to meet our legal obligations or public tasks includes but is not limited to:

  • Equality Act 2005 and 2010
  • Public Sector Equality Duty 2011
  • Local Government Act 1999 S.3, as amended by s.137 of the Local Government and Public Involvement in Health Act 2007 and detailed in the DCLG Best Value Statutory Guidance 2011 (these state that Local Authorities have a best value duty to consult)
  • Section 56 of the Local Democracy, Economic Development and Construction Act 2009

The City Council adheres to national gold standard consultation principles, such as the Gunning Principles 2001 and Government guidance most recently revised in The Cabinet Office’s Consultation Principles 2018.

The City Council also complies with the Human Rights Act 1998, so that the rights of individuals are respected, whilst also providing appropriate services. 

The General Data Protection Regulation requires specific conditions to be met to ensure that the processing of personal data is lawful.  These relevant conditions are below:

  • Article 6(1)(d) – is necessary in order to protect the vital interests of the data subject or another natural person.
  • Recital 46 adds that “some processing may serve both important grounds of public interest and the vital interests of the data subject as for instance when processing is necessary for humanitarian purposes, including for monitoring epidemics and their spread”.
  • Article 6(1)(e) – 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.
  • Section 8(c) of the Data Protection Act sets out that such a task must be necessary for the performance of a function conferred on a person by an enactment or rule of law. 

Who will we share your information with?

Your information will be securely stored in our offices or on our network.  When we use third party suppliers we have safeguards in place to ensure that the supplier adheres to the requirements of the Data Protection Act 2018. Your information will used to prepare an anonymised formal City Council submission to the Local Government Boundary Commission for England and will be published to the websites of both organisations.

Once responses are downloaded, they are stored securely on Council servers.  The number of staff accessing and handling individual data is limited to a small number of key professionals, all of whom undertake regular training about data protection and managing personal information.

How long will my personal data be retained by the City Council?

Your information will be used for purposes of research and reports. Unless explicitly stated, your information will be anonymised and any information taken from notes (hand written or typed) during any survey or consultation process will be securely destroyed at the conclusion of the Boundary Review process. 

The information will continue to be used in a summarised and anonymised form in any research reports or papers that are published. The anonymised information in the papers may be of historic interest and may be held in public archives indefinitely or will be securely destroyed seven years after a summary report is published.

Paper questionnaires will be destroyed six months after the summary report is written, unless there are statutory requirements to retain them longer. Digital recordings, which may or may not be transcribed, are destroyed six months after the summary report is written, unless there are statutory requirements to retain them longer.

Your rights

If you are not happy about the way your personal data is being processed you can complain directly to Liverpool City Council or the City Council’s Data Protection Officer, who is Chris Walsh, Divisional Manager – Governance, Audit & Assurance. His contact details are – dpo@liverpool.gov.uk

You also have the right to complain to the Information Commissioner’s Office.

  • Website: ico.org.uk  
  • By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • By email to - mail@ico.gsi.gov.uk
  • Telephone: 0303-123-113

Further advice and guidance from the ICO on this issue can be found on the ICO website.