Data Protection Policy
Published 2 August 2019
Last updated: 08 Apr 2021
Data protection policy 2018
Maidstone Borough Council needs to collect and use certain types of personal data about staff, Council Tax payers, residents and others with whom it deals. In addition, it may occasionally be required by law to collect, process, and pass on certain types of personal data to comply with the requirements of the law or requests from other public bodies. This personal data will be dealt with properly in accordance with the law however it is collected, recorded and processed – whether on paper, by computer, or otherwise. The Council will comply with the Data Protection Act 2018.
The Council regard the lawful and correct treatment of personal data as vital to maintaining the confidence of those with whom it deals. The Council will treat personal data lawfully and correctly.
To this end the Council will comply with the Data Protection Principles as set out in the Data Protection Act 2018 (the Act). These principles require that personal data:
(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).
Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
Therefore, Maidstone Borough Council will, through appropriate management and strict application of criteria and controls:
- Observe fully conditions regarding the fair collection and use of personal data;
- Meet its legal obligations to specify the purposes for which personal data is used;
- Collect and process appropriate personal data, only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements;
- Ensure the quality of personal data used;
- Apply strict checks to determine the length of time personal data is held;
- Ensure that the rights of people about whom personal data is held can be fully exercised under the Act. [These include: the right to be informed that processing is being undertaken; the right of access to one’s personal data; the right to prevent processing in certain circumstances; the right to correct, rectify, block or erase personal data which is regarded as wrong information);
- Take appropriate technical and organisational security measures to safeguard personal data; ensure that personal data is not transferred abroad without suitable safeguards.
In addition, Maidstone Borough Council will ensure that:
- There is someone with specific responsibility for data protection in the organisation. Currently, the nominated person is Angela Woodhouse, Head of Policies, Communications, and Governance and Data Protection Officer.
- All employees and Councillors managing and handling personal data understand that they are responsible for following good data protection practice;
- Everyone managing and handling personal data is appropriately trained to do so;
- Everyone managing and handling personal data is appropriately supervised;
- Anybody wanting to make enquiries about handling personal data knows what to do;
- Queries about handling personal data are promptly and courteously dealt with;
- Methods of handling personal data are clearly described;
- A regular review and audit is made of the way personal data is managed;
- Methods of handling personal data are regularly assessed and evaluated.