DATA PROTECTION POLICY – last reviewed June 2026, due for review June 2027
Introduction
Louth Town Council needs to collect and use certain types of information about the Data Subjects who come into contact with it in order to carry on our work. This personal information must be collected and dealt with appropriately– whether on paper, in a computer, or recorded on other material – and there are safeguards to ensure this under the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018.
“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be directly using the data itself or by combining it with other information which helps to identify a living individual (e.g. a list of staff may contain personnel ID numbers rather than names but if you use a separate list of the ID numbers which give the corresponding names to identify the staff in the first list then the first list will also be treated as personal data).
The following list of definitions of the technical terms we have used is intended to aid understanding of this policy.
Data Controller – The person who (either alone or with others) decides what personal information Louth Town Council will hold and how it will be held or used.
Data Protection Act 2018 – The UK legislation that provides a framework for responsible behaviour by those using personal information.
Data Protection Officer – The person(s) responsible for ensuring that it follows its data protection policy and complies with the Data Protection Act 2018
Data Subject/Service User – The individual whose personal information is being held or processed by Louth Town Council (for example: a client, an employee, a supporter)
‘Explicit’ consent – is a freely given, specific and informed agreement by a Data Subject (see definition) to the processing* of personal information* about her/him. Explicit consent is needed for processing sensitive* data
* See definition
Notification – Notifying the Information Commissioner about the data processing activities of Louth Town Council as certain activities may be exempt from notification.
Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 2018. Also known as the ICO.
Processing – means collecting, amending, handling, storing or disclosing personal information
Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within Louth Town Council.
Sensitive data – means data about:
• Racial or ethnic origin
• Political opinions
• Religious or similar beliefs
• Trade union membership
• Physical or mental health
• Sexual life
• Criminal record
• Criminal proceedings relating to a data subject’s offences
Data Controller
Louth Town Council is the Data Controller under the Act, which means that it determines what purposes personal information held will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for.
Disclosure
Louth Town Council may share data with other agencies such as the local authority, funding bodies and other voluntary agencies.
The Data Subject will be made aware in most circumstances how and with whom their information will be shared. There are circumstances where the law allows Louth Town Council to disclose data (including sensitive data) without the data subject’s consent.
These are:
1. Carrying out a legal duty or as authorised by the Secretary of State
2. Protecting vital interests of a Data Subject or other person
3. The Data Subject has already made the information public
4. Conducting any legal proceedings, obtaining legal advice or defending any legal rights
5. Monitoring for equal opportunities purposes – i.e. race, disability or religion
6. Providing a confidential service where the Data Subject’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Data Subjects to provide consent signatures.
Louth Town Council regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal.
Louth Town Council intends to ensure that personal information is treated lawfully and correctly.
To this end, Louth Town Council will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 2018.
Specifically, the Principles require that personal information:
1. Lawfulness – data shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met,
2. Purpose limitation – data shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
3. Data minimisation – data shall be adequate, relevant and not excessive in relation to those purpose(s)
4. Accuracy – data shall be accurate and, where necessary, kept up to date,
5. Storage minimisation – data shall not be kept for longer than is necessary
6. Processing – data shall be processed in accordance with the rights of data subjects under the Act,
7. Integrity and confidentiality (security) – data shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,
8. Accountability – data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal information.
Louth Town Council will, through appropriate management, strict application of criteria and controls:
• Observe fully conditions regarding the fair collection and use of information,
• Meet its legal obligations to specify the purposes for which information is used,
• Collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any
legal requirements,
• Ensure the quality of information used,
• Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
o The right to be informed that processing is being undertaken,
o The right of access to one’s personal information
o The right to prevent processing in certain circumstances and
o The right to correct, rectify, block or erase information which is regarded as wrong information),
• Take appropriate technical and organisational security measures to safeguard personal information,
• Ensure that personal information is not transferred abroad without suitable safeguards,
• Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information,
• Set out clear procedures for responding to requests for information.
Data collection
Informed consent
Informed consent is when
– A Data Subject clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
– and then gives their consent.
Louth Town Council will ensure that data is collected within the boundaries defined in this policy. This applies to data that is collected in person, or by completing a form.
When collecting data, Louth Town Council will ensure that the Data Subject:
• Clearly understands why the information is needed
• Understands what it will be used for and what the consequences are should the Data Subject decide not to give consent to processing
• As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
• Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
• Has received sufficient information on why their data is needed and how it will be used
Data Storage
Information and records relating to service users will be stored securely and will only be accessible to authorised staff and volunteers.
Information will be securely kept at the Louth Town Council office and is not available for public access. All data stored on the Louth Town Council computers are password protected. Information is stored for only as long as it is needed or required statute and will be disposed of appropriately.
It is Louth Town Council’s responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.
For more information, please refer to our Data Retention Policy and Secure Disposal of Information Policy.
Data access and accuracy
All Data Subjects have the right to access the information Louth Town Council holds about them Louth Town Council will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.
In addition, Louth Town Council will ensure that:
• It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection,
• Everyone processing personal information understands that they are contractually responsible for following good data protection practice,
• Everyone processing personal information is appropriately trained to do so,
• Everyone processing personal information is appropriately supervised,
• Anybody wanting to make enquiries about handling personal information knows what to do,
• It deals promptly and courteously with any enquiries about handling personal information,
• It describes clearly how it handles personal information,
• It will regularly review and audit the ways it holds, manages and uses personal information
• It regularly assesses and evaluates its methods and performance in relation to handling personal information
• All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them
Data Breaches
GDPR defines a personal data breach as “a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed”. Examples include:
• Access by an unauthorised third party
• Deliberate or accidental action (or inaction) by a controller or processor
• Sending personal data to an incorrect recipient
• Computing devices containing personal data being lost or stolen
• Alteration of personal data without permission
• Loss of availability of personal data
If the data breach is likely to result in a risk to the rights and freedoms of the individual, the breach must be reported to the individual and ICO without undue delay and, where feasible, not later than 72 hours after having become aware of the breach. The Data Protection Officer must be informed immediately so they are able to report the breach to the ICO in the 72 hour timeframe. If the ICO is not informed within 72 hours, Louth Town Council via the Data Protection Officer must give reasons for the delay when they report the breach.
When notifying the ICO of a breach, Louth Town Council must:
• Describe the nature of the breach including the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned.
• Communicate the name and contact details of the DPO
• Describe the likely consequences of the breach
• Describe the measures taken or proposed to be taken to address the personal data breach including measures to mitigate its possible adverse effects.
When notifying the individual affected by the breach, Louth Town Council must provide the individual with the above.
Louth Town Council would not need to communicate with an individual if the following applies:
• It has implemented appropriate technical and organizational measures (i.e. encryption) so those measures have rendered the personal data unintelligible to any person not authorised to access it;
• It has taken subsequent measures to ensure that the high risk to rights and freedoms of individuals is no longer likely to materialise, or
• It would involve a disproportionate effort.
However, the ICO must still be informed even if the above measures are in place.
If a data processor (i.e. payroll provider) becomes aware of a personal data breach, it must notify Louth Town Council without undue delay. It is then Louth Town Council’s responsibility to inform the ICO, it is not the data processers responsibility to notify the ICO.
All data breaches must be recorded whether or not they are reported to individuals. To report a data breach, use the ICO online system:
https://ico.org.uk/for-organisations/report-a-breach/
Data Protection Impact Assessment (DPIA)
Under UK GDPR, a DPIA is an assessment of the impact of the envisaged processing operations on the protection of personal data. A DPIA must be completed before the processing of personal data which is likely to result in a high risk to the rights and freedoms of an individual.
Processing that is likely to result in high risk includes, but is not limited to:
• Systematic and extensive profiling or automated decision-making and processing activities
• Large scale processing of special categories of data or personal data relating to criminal convictions, offences or health data
• Using new technologies (for example, surveillance systems)
A DPIA must take into account the nature, scope, context and purposes of the processing when deciding whether or not it is likely to result in high risk to the individuals’ rights and freedoms. It also allows bodies to make informed decisions about the acceptability of date protection risks and communicate with the individuals affected.
A DPIA must contain:
• A general description of processing operations and the purposes
• An assessment of the risks to the rights and freedoms of individuals
• The measures envisaged to address those risks
• The safeguards, security measures and mechanisms in place to ensure that personal data is protected, and
• A demonstration of compliance with Part 3 of the Data Protection Act.
If a DPIA does not identify mitigating safeguards against risks, the Data Protection Commissioner must be consulted. If Louth Town Council conducts a DPIA which identifies a high risk but cannot take any measures to reduce the risk, the Council will be required to consult the ICO who will respond within six weeks. Whilst not all risks can be eliminated, a DPIA can help to identify and mitigate risks.
This policy will be updated annually or as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 2018.
In case of any queries or questions in relation to this policy please contact the Louth Town Clerk.