Returning Officer Privacy Notice

Who To Contact

Dan Howarth
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL

Email: data.protection.officer@knowsley.gov.uk

Who will own my data once I submit it?

The Returning Officer, Knowsley Metropolitan Borough Council. Under the Representation of the People Act 1983 each Local Authority must by law appoint a ‘Returning Officer’.

This is a personal appointment separate to Knowsley Council with its own statutory functions.

What kinds of personal data does the Returning Officer use or otherwise process?

Returning Officers have a statutory duty to process certain personal data for the purpose of administering election and referenda; and as such, is subject to the requirements of the GDPR as ‘data controller’.
 
In addition to the information provided on the for the Electoral Registration Officer, the Returning Officer will use/process information relating to candidates, candidate’s agents and individuals subscribing candidate’s nomination papers.
 
Personal data will also be processed relating to staff employed by the Returning Officer (including staff employed directly by the Electoral Registration Officer). Such staff data will include an employee’s name, address, other contact details, national insurance number and bank details.
 
Personal data relating to individual’s making enquiries to the Returning Officer or making submissions to election-related statutory consultations will also be processed.
 
The Returning Officer is legally obliged to publish certain personal information (such as that relating to election candidates and election agents) in the form of public notices.
 
The Returning Officer processes the following special category personal information:

  • Race and ethnic origin, insofar as it may be possible for this to be inferred from nationality information.
  • Political opinions – such as information contained within subscribed nomination papers.
  • Health data – this may be contained within applications to vote by post or proxy.

This data will be processed in accordance with the Council’s Data Protection Policy.

Why do you need my information?

For the administration of local and national elections and referenda, including in particular:

  • If you apply to be an absent voter, the compilation and maintenance of records of absent voters.
  • Fulfilling obligations relating to the supply of absent voting lists.
  • Determining which electors are entitled to be issued with ballot papers at polling stations.
  • Determining which electors are entitled to vote by way of an absent vote.
  • Issuing poll cards to electors and to proxies.
  • If you are a postal voter, issuing your postal vote pack and receiving your completed postal vote and postal voting statement.
  • If you are a candidate at an election, processing and determining your nomination papers, publishing statutory notices containing your details, producing ballot papers and managing election processes in which you will be involved.
  • If you are an election agent at an election, publishing statutory notices containing your details and managing election processes in which you will be involved.
  • If you are a counting agent, polling agent, postal vote agent, nominating officer or similar official, managing election processes in which you will be involved.
  • In its capacity as custodian of the Council’s copy of the electoral register, deciding how that copy may be used.
  • If you make an enquiry or complaint, dealing with that enquiry or complaint.
  • If you are employed by the Service (including staff employed directly by the Electoral Registration Officer or the Returning Officer), managing that employment.

What allows you to use my information?

  • Local Government Act 1972;
  • Representation of the People Act 1983;
  • Representation of the People Act 1985;
  • Representation of the People Act 2000;
  • Political Parties, Elections and Referendums Act 2000;
  • European Parliamentary Elections Act 2002;
  • Local Government Act 2003;
  • Electoral Administration Act 2006;
  • Electoral Registration and Administration Act 2013;
  • Representation of the People (England and Wales) Regulations 2001;
  • Representation of the People (Combination of Polls) (England and Wales) Regulations 2004;
  • Business Improvement Districts (England) Regulations 2004;
  • Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006;
  • Local Elections (Principal Areas) (England and Wales) Rules 2006;
  • Local Elections (Parishes and Communities) (England and Wales) Rules 2006;
  • Local Authorities (Referendums) (Petitions) (England) Regulations 2011;
  • Local Authorities (Conduct of Referendums) (England) Regulations 2012;
  • Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012;
  • Neighbourhood Planning (Referendums) Regulations 2012;
  • Representation of the People (Provision of Information Regarding Proxies) Regulations 2013;
  • Combined Authorities (Mayoral Elections) Order 2017.

Who will my information be shared with?

Candidates and Election Agents are entitled to absent voter listings.

We also have to disclose (share) your information with our Software providers and contracted printers.

Do I have to provide this information and what will happen if I don’t?

This information must be supplied for the purpose of administering an election. 

How long will you keep this data for and why?

The Electoral Registration Officer and Returning Officer 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.  Once this required period has passed, we will delete your information from our records.

How will my information be stored?

The information is stored on the Electoral Management System, supplied by Xpress Software Ltd.

Will this information be used to take automated decisions about me?

Yes, if you are a postal voter, the Service uses your information to make decisions through automated means when it checks personal identifiers that you provide against those contained in your original postal vote application.

In any case where the automated process reports that the personal identifiers you have provided do not match those on your original postal vote application, there will be an intervention by a human being who will make any final decision (i.e. there will always be the involvement of a human decision-maker where the result of the automated process indicates the possibility of a decision to your detriment).

Will my data be transferred abroad?

No.

What rights do i have when it comes to my data?

You have the right under the Data Protection Act 1998 (General Data Protection Regulation) to request a copy of your information and to know what it is used for and how it has been shared. This is called the right of subject access.

To request a copy of your data or ask questions about how it is used, please download a copy of our form and send it to:

Dan Howarth
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL.

Or email: data.protection.officer@knowsley.gov.uk.

Who can I complain to if I am unhappy about how my data is used?

You can complain directly to the Council’s Data Protection Team by writing to:

Dan Howarth
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 9GL.

Or email: data.protection.officer@knowsley.gov.uk.

You also have the right to complain to the Information Commissioner’s Office using the following details:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk.