Member Complaint privacy notice

  1. Summary

    Our privacy notice explains what personal information is collected, what it is used for and who it is provided to. The notice also describes why the Council requires your data, and the legal basis on which it does this.

    This privacy notice relates to the Council’s procedure when dealing with a complaint about an alleged breach of the Council’s Code of Conduct by elected Members of Manchester City Council , or a voting co-opted Member of the Council or Ringway Parish Council, (the Subject Member). This privacy notice should be read together with our general privacy notice, which provides more detail on the questions below.

    Read our general privacy notice (manchester.gov).

  2. What personal information does this service use?

    This service uses personal information, such as:

    • Name
    • Address, including email address
    • Telephone number

    The capacity in which you are making your complaint (e.g as a member of the public, elected member of the Council, MP etc).

    Other information disclosed in relation to your specific complaint, such as the circumstances surrounding your complaint, background documents and remedy sought

    Correspondence regarding your complaint

    Protected characteristics such as age under the Equality Act 2010 if you complete our Equality Monitoring Questionnaire (the questionnaire is separated from your complaint and the information is anonymised)

    This service also uses the following special category personal information where you have completed our Equality Monitoring Questionnaire, or have otherwise disclosed this information to us as part of your complaint

    • Ethnicity,
    • Religious or philosophical belief,
    • Disability,
    • Sexual orientation,

    We do not ask for information about political opinions, but recognize that this type of information may indirectly be held by us as part of your complaint, for example if you are an elected councillor or MP making a complaint.

    We may also use personal data relating to criminal convictions and offences, including allegations where this has been disclosed by you or is relevant to the complaint.

  3. What is your personal information used for?

    The Council uses your personal data for the following reasons:

    • To manage and process your complaint.
    • To correspond with you about your complaint
    • To comply with equality monitoring purposes to promote accessibility and inclusion.

     

  4. What is the lawful basis we are relying on?

    We collect and use this information under -

    Article 6(1)(c) UK GDPR – because it is necessary for compliance with a legal obligation under the Localism Act 2011

    Article 6(1)(e) UK GDPR- where it necessary for the performance of a public task under the Localism Act 2011 and in accordance with the Council’s Code of Conduct for dealing with Member complaints.

    We collect and use special category and criminal offence data under

    Article 9(2)(g) UK GDPR and Schedule 1, Part 2 of the Data Protection Act 2018- for reasons of substantial public interest.

  5. Where has your personal information come from?

    • From the subject member your complaint is against, when he/she responds to your complaint.
    • From witnesses you or the subject member has provided.

  6. Who will we share your personal information with?

    Your personal data is shared securely with the following organisations or individuals where it is both necessary and appropriate to do so.

    We share your personal data with the following organisations/individuals:

    • The Member(s) you are complaining about unless the Monitoring Officer has agreed to your request for your identity to be kept confidential.
    • The Parish Council clerk, where relevant.
    • The Independent Person appointed by the Council whose views will be taken into consideration by the Council’s Monitoring Officer when dealing with your complaint.
    • The police where a criminal offence is alleged or other regulatory/ prosecuting authority where a breach of regulation is alleged

    If your complaint merits a formal investigation, your details will be shared with the Investigating Officer appointed by the Monitoring Officer to investigate the complaint.

    If your complaint is referred for a local hearing, your details will be shared with the Hearing Panel, which is a sub committee of the Council’s Standards Committee.

    If the hearing is public, your personal information relevant to the complaint may be published on the Council’s website as part of the papers for the hearing. The Hearing may also be public if the Hearing Panel decides the proceedings should be public

  7. How long will we keep your information?

    Our retention schedule sets out how long we keep personal information for.

    What rights do you have in relation to your personal information?

    You can read about what rights you have regarding the personal information used for this service on our website

    How to contact us

    If you have any questions or concerns about how the Council uses your personal information, please contact the Council’s Data Protection Officer.

    Complaints or queries

    If you have any concerns about the way the we use your personal information, we would ask you to come to us first for help. You do however have the right to complain to the Information Commissioner’s Office:

    • 0303 123 1113 (local rate)
    • casework@ico.org.uk
    • Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

  8. Your personal information and your rights

    You can find out more about your rights regarding the personal information used for this service. Your rights apply to the information held by the Council as a data controller, and the information we hold on behalf of the other data controllers.

  9. Contacting us about your data

    If you have any questions or concerns about how we use your personal information, please contact the Council’s Data Protection Officer.

    You also have the right to complain to the Information Commissioner’s Office if you're unhappy about how we process your information.

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