Privacy Notice - Complaints alleging a breach of the Code of Conduct by a Councillor

Spelthorne Borough Council and its subsidiaries has processed your personal information to allow us to deal with your complaint against a councillor fairly, consistently, and professionally.

In order to comply with the Data Protection Act 2018 and the UK General Data Protection Regulation, Spelthorne Borough Council must provide you with the following information about the personal data you give to us or we receive via third parties.

What information does the Council collect?

We need information from you to investigate your complaint properly, which will include your name and contact details and whatever additional personal information you may decide to provide.

Why does the Council process personal data?

Our purpose is to process any enquiries or complaints you make about our councillors in accordance with relevant legislation. Under Section 28(6) and (7) of the Localism Act 2011, the Council must have in place "arrangements" under which allegations that a member or co-opted member of the authority, has failed to comply with that authority's Code of Conduct can be investigated and decisions made on such allegations.

The lawful basis we rely on to process your personal data is articles 6(1)(c) of the UK GDPR, which allows us to process personal data when we have a legal obligation to do so.

If the information you provide us in relation to your complaint contains special category data, such as health, religious or ethnic information the lawful basis we rely on to process it is article 9(2)(g) of the UK GDPR, which also relates to our public task and the safeguarding of your fundamental rights.

Who does the Council share your personal data with?

Your name and the details of your complaint will be shared with:

• Internal Services
  • Committee Services
  • Legal Services
• Your name will be provided to the councillor who is the subject of your complaint unless you request otherwise. The Monitoring Officer will consider a request to withhold your name and if granted we will not disclose your name to the councillor against whom you make the complaint, without your prior consent.  If you make a request for your name to be withheld, the Monitoring Officer will advise you of the decision on this before disclosing your details to the councillor that is the subject of your complaint.
• External investigator (if the complaint proceeds to the investigation stage).

Three councillors selected from the membership of the Standards Committee and the Independent Chairman and Vice-Chairman of the Standards Committee (if the complaint proceeds to a Hearing Panel). In certain circumstances where there is a potential for the involvement of fraudulent or unlawful practice, we may need to refer your complaint to other statutory bodies including enforcement agencies and Courts of law.

If required to share any personal information with other relevant bodies, we share information securely and proportionately.

How long does the Council keep your data?

We hold personal data for all complaints against a councillor for one year.

If your complaint proceeds to a Hearing Panel, your personal data will be retained for 6 years and then archived.

For further information about how the Council uses your personal data, including your rights as a data subject, please see below. 

If you have any direct enquiries, Spelthorne Borough Council's Data Protection Officer can be contacted at data.protection@spelthorne.gov.uk.

The GDPR provides the various rights regarding your personal data; for further information please see the data protection rights page on our website.