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Privacy Notice for Electoral Registration and Voting at Elections
You are required to be registered on the Electoral Register. This enables you to vote in any election or referendum for which you are eligible. We have a duty to maintain a complete and accurate register throughout the year. In order to ensure we can do this, you are required to provide personal information.
Data Controller's contact details:
Electoral Registration Officer, Mole Valley District Council, Pippbrook, Dorking RH4 1SJ. Telephone: 01306 885001.
Returning Officer, Mole Valley District Council ("MVDC"), Pippbrook, Dorking RH4 1SJ. Telephone: 01306 885001.
Data Protection Officer:
Mr Tom Penlington (Solicitor): Telephone: 01306 879354
The Legal basis for and the purpose of processing:
The Electoral Registration Officer and Returning Officer ("ERO" and "RO") has statutory duties set out in legislation in relation to the maintenance of a register of electors and the running of elections.
Legislation makes it compulsory to provide certain information to an Electoral Registration Officer in order to enable them to:-
The ERO, RO, their deputies and all other staff (such as Canvassers, Presiding Officers and Poll Clerks and including staff provided by Mole Valley District Council's Democratic Services or other teams) ("We") process your personal data in the public interest to ensure that you are registered to be able to vote in any election or referendum for which you are eligible and in order to perform tasks which are vested in the ERO and RO by UK law.
We are required to ask your nationality. This may be sensitive personal data. Other sensitive personal data that we may process includes information that is provided from disabled voters who require assistance in the polling station on election day. The sensitive personal data we process is collected for purposes of substantial public interests on the basis of law which is proportionate to the aim pursued. In doing so we respect the essence of the right to data protection and provide for measures to safeguard your interests as outlined in our policy document.
If you decide to vote, we mark the register of electors to show you have voted (but not how you have voted). This is in the public interest in order to ensure the integrity of the voting process and is necessary to perform a public duty which is vested in the ERO, the RO through their elections staff by the law.
When you contact us, you may be asked for your email and telephone contact details in order that we may contact you with regards to any queries we have on your application. Such information is only processed if we have your consent and you can ask for this information to be deleted at any time as set out below under the heading Data Subject Rights.
The records we hold include:-
To verify your identity, the data you provide will be processed by the Individual Electoral Registration Digital Service managed by the Cabinet Office. As part of this process your data will be shared with the Department of Work and Pensions and the Cabinet Office suppliers that are data processors for the Individual Electoral Registration Digital Service. You can find more information about this here: https://www.registertovote.service.gov.uk/register-to-vote/privacy.
The source of the personal data:
For the purposes of the electoral register, you are the applicant and the source of the personal data about you and members of your household.
Personal information about you relating to you and your household may also be gathered from other local sources such as Council Tax
When you choose to vote, the election staff make a mark on a copy of the register of electors.
Recipients and categories of recipients of the personal data:
The information you provide is held in electoral register which is managed by electoral registration staff employed by Mole Valley District Council. Using information received, we keep two registers - the full electoral register and the open (edited) register.
The full register is published once a year and is updated every month and can only be supplied to the following people and organisations:
It is a crime for anyone who has a copy of the full register to pass information from this register on to others, if they do not have a lawful reason to see it.
Anyone can inspect the full electoral register.
The open register contains the same information as the full register, but is not used for elections or referendums. It is updated and published every month and can be sold to any person, organisation or company for a wide range of purposes. It is used by businesses and charities for checking names and address details; users of the register include direct marketing firms and also online directory firms.
You can choose whether or not to have your personal details included in the open version of the register; however, they will be included unless you ask for them to be removed. Removing your details from the open register will not affect your right to vote.
The Department for Work and Pensions will also use your information to verify your eligibility for the electoral register. They won't use it for any other reasons and they have to look after it in the same way. You can view their privacy information here.
In order to administer the register and run elections/referendums we have to disclose (share) your information with the Software providers and contracted printers. They will store your information but only on our instruction. They won't use it for any other reasons and they have to look after it in the same way we would.
Any person may inspect the marked register, plus the marked copies of the postal voters list, the list of proxies, and the proxy postal voters lists, and such other documents relating to an election. Any person wanting to inspect such documents must apply in writing and must state:
Requests may be refused in certain situations, but if you request is refused you may inspect the full register.
Marked copies of the register of electors, plus the marked copies of the postal voter list, the list of proxies, and the proxy postal voters lists, all must, if requested, be supplied to specified persons on payment of a prescribed fee.
The request must be made in writing and must specify:
• which of the marked register or lists (or relevant parts of them) are requested;
• whether printed or data copies are requested; and
• the purpose for which the data will be used and why the supply of the full data would not be sufficient to achieve that purpose.
Applications have to come from an allowed person/body including:
The cost of a marked document is prescribed. Details of the charges will be provided on request.
Sometimes we have to provide your details to other authorities, organisations or people such as the police and other security forces as detailed above. This is for the prevention or detection of crime, or because of legal matters, for example.
Additional processing of personal information at General Elections
The ERO/RO for Epsom and Ewell District Council's geographical area processes personal information for and on behalf of the ERO/RO for MVDC's residents in the following wards: Ashtead Common, Ashtead Park and Ashtead Village.
The ERO/ RO for MVDC's geographical area processes personal data for the ERO/ RO for the following Guildford Borough Council wards: Clandon and Horsley, Effingham, Lovelace, Send, and Tillingbourne.
Both arrangements take place as a result of a legal duty, and insofar as any sensitive personal data is being processed this will be for purposes of substantial public interests on the basis of law which is proportionate to the aim pursued. When processing this sensitive personal information we respect the essence of the right to data protection and provide for measures to safeguard your interests as outlined in our policy document.
Other processing of personal information
The ERO/ RO will process other personal information in connection with its election duties where this is reasonably necessary. For example:
The RO is authorised by statute to process the personal data of candidates for nominations purposes.
The processing of the names, telephone numbers and e mail addresses of key holders of polling stations is permitted because there are contracts in place to ensure the elections staff can enter and set up the polling stations so electors can vote from 7am on election days.
Printers can also be commissioned to print out the electoral register and other information required as part of the elections process.
If there is a potential claim in respect of any tasks undertaken by, or on behalf of the ERO/ RO then personal information in respect of this may be passed to our insurers.
MVDC is under a duty to protect the public funds it administers, and to this end may use the information you have provided on this form for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes. This includes MVDC's statutory participation in the Cabinet office's National Fraud Initiative (NFI) data matching exercises. For further information about data sharing for fraud prevention and investigation, see www.molevalley.gov.uk/datasharing.
Further information on onward transfers
The ERO/RO will not transfer the personal data you have provided outside of the UK or EU unless this is permitted in accordance with the Data Protection Act 2018.
How long will be personal data be kept for
The ERO/RO are obliged to process your personal data in relation to preparing for and conducting elections. Your details will be kept and updated in accordance with our legal obligations and in line with statutory retention periods.
Statutory Obligation to provide the personal data
There is a statutory obligation to provide the data to other bodies and individuals as outlined above.
Automated decision making
The personal data provided by you will not be used for any automated decisions.
Data subject rights
You have some specific rights in respect of your personal data. These may include some or all of the following rights to:
· where any data is collected by consent you have the right to withdraw your consent. How you do this will be communicated at the same time as your consent is given.
You can also withdraw your consent at any time by emailing firstname.lastname@example.org
Will the personal data be processed for a different purpose?
No - other than as set out above. If the ERO/RO needs to inform recipients about any action it has taken under the Data Protection Act then it will do so by placing a Notice on MVDC's website informing the public of any relevant changes.
If you are dissatisfied with how your personal data is processed by the ERO/RO, then you have the right to complain to the Information Commissioner who can be contacted at:
Information Commissioner's Office, Wycliffe House, and Water Lane, Wilmslow, SK9 5AF.
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© 2019 Mole Valley, Pippbrook, Dorking, Surrey, RH4 1SJ.
Tel: +44 (0)1306 885001 Fax: +44 (0)1306 876821, 2019.