Privacy Notices - Get Swindon Active strategy consultation 2022

You need to be aware of this Privacy Notice if you are completing Swindon Borough Council’s Get Swindon Active strategy consultation in 2022.

A Privacy Notice is a statement issued by an organisation which explains how personal and confidential data about individuals is collected, used and shared.

Swindon Borough Council will act as a "Data Controller" for any personal data that you provide to us.  We will ensure that the data given to us is processed in line with our Data Protection Act 2018 (DPA 18) and the EU General Data Protection Regulations. (GDPR)

To find out more about Swindon Borough Council’s data protection policies please contact our Data Protection Officer. Email dataprotection@swindon.gov.uk or write to Data Protection Officer, Civic Offices, Euclid Street, Swindon, Wiltshire, SN1 2JH.

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the "GDPR").

This consultation does not ask for personal data, and we strongly advise that you do not include any personal data when you complete the survey.

Swindon Borough Council complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorized access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

This consultation does not require personal information, but we are providing a statement for if people disclose personal information in their response.

If personal data is collected, we rely on the following legal bases:

• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
• Processing is necessary for compliance with a legal obligation to which the controller is subject

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity) we rely on the following legal bases:

• Processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
• Processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

• The Care Act 2014
• Health and Social Care Act 2015
• Children’s Act 1989
• Data Protection Act 2018
• Human Rights Act 1998
• Mental Health Act 1983 (Amended 2007)
• Mental Capacity Act 2005

As we have a statutory basis for collecting your personal data for some purposes, we do not need to ask for your permission to collect and share it in these cases, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times.

However, this survey does not ask for any personal data and we advise you do not include any in your responses. 

If you have included personal data, we may share your personal information when we feel there is a good reason that is more important than protecting your privacy. This does not happen often, but we may share your information:

• to protect a child
• to protect adults who are thought to be at risk, for example if they are frail, confused or cannot understand what is happening to them

The risk must be serious before we can decide to override your right to privacy.

If we are worried about your physical safety, or feel we need to take action to protect you from being harmed in other ways, we will discuss this with you and, if possible, get your permission to tell others about your situation before doing so.

We may still share your information if we believe the risk to others is serious enough to do so. 

There may also be rare occasions when the risk to others is so great that we need to share information straightaway.

 If this is the case, we will make sure that we record what information we share and our reasons for doing so. We will let you know what we have done and why, if we think it is safe to do so.

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

 We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so

If you provide personal data, it will be retained for up to two years.

Under GDPR you have rights which you can exercise free of charge which allow you to:

• know what we are doing with your information and why we are doing it
• ask to see what information we hold about you (subject access request)
• ask us to correct any mistakes in the information we hold about you
• object to direct marketing
• make a complaint to the Information Commissioner's Office

In the event that you wish to complain about the way that your personal data has been handled by Swindon Borough Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with our customer complaint procedure.

 If you remain dissatisfied with the way your personal data has been handled, you have the right to complain to the Information Commissioner’s Office at ICO.org.uk. You may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk

This website also contains information on data protection and your rights and remedies.

You are under no statutory obligation to provide personal data to Swindon Borough Council. This survey also does not require any personal data.

A yearly audit will take place on personal data to ensure that we remain legally compliant in accordance with current data protection legislation.

You are viewing the Privacy Notice for the Get Swindon Active strategy consultation 2022.

Read the main Swindon Borough Council Privacy Notice