Electoral Services Privacy Notice

This 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/Electoral Registration Officer/Returning Officer requires your data, and the legal basis on which they do this.

Who will own my data once I submit it?

The Electoral Registration Officer/The Returning Officer/Cheshire West and Chester Council

It should be noted that for many of the Service’s functions it will not be processing personal data on behalf of the Council. It will instead be processing personal data on behalf of one or more of the following statutory office holders:

a) The Electoral Registration Officer is appointed by the Council under section 8 of the Representation of the People Act 1983.

b) The Returning Officer is appointed for the purposes of local elections by the Council under section 35 of the Representation of the People Act 1983.

c) The Acting Returning Officer is appointed for parliamentary elections for any parliamentary constituency for which that position is held under section 28 of the Representation of the People Act 1983 by the registration officer referred to at (a) above;

d) The Local Returning Officer is appointed for the purposes of the administration of European parliamentary and Police Crime Commissioner elections within the Cheshire West local counting area.

e) The Counting Officer is appointed and responsible for the administration, within the Council’s local authority area, of any local, regional or national referendum.

f) Any other statutory office holder whose duties relate to administering elections or referenda and whose office is held by virtue of holding one or more of the offices described in (a) to (e) above or is otherwise required by law be held by an officer of the Council.

Although when referring to the above statutory office holders this privacy notice generally only makes reference to the “Electoral Registration Officer” or the “Returning Officer”

It is important to note that the Electoral Registration Officer and the Returning Officer are separate data controllers from the Council.

Why do you need my information?

The Electoral Registration Officer

The Electoral Registration Officer is the data controller and collects personal data you provide for the purpose of registering your right to vote. You need to be registered to be able to vote in any election or referendum for which you are eligible. The Council has a duty to maintain a complete and accurate register throughout the year. We will only collect the personal data we need from you, in order to do this.

• Compile and maintain the electoral register (there are two versions of the electoral register, the full version and the edited/open version).
• Fulfil our legal obligations relating to the supply or sale of the electoral register.
• Ensure you are registered to vote in any election or referendum for which you are eligible.
• Maintain a complete and accurate electoral register throughout the year.
• If you are employed by the service and want to volunteer to work for an election (including staff employed directly by the Electoral Registration Officer or the Returning Officer) we need your information to allow you to do this and manage your employment.

The Returning Officer

The Returning Officer is the data controller and collects personal data supplied in preparation for elections or referenda and to support results. Cheshire West and Chester Council Elections Team will only collect your personal data required in order to do this.

• Ensure elections and referenda are conducted in a robust, fair and transparent way.
• Conduct an election in accordance with the law.
• Compile and use data relating to.
• Election candidates.
• Voters who propose, second or subscribe candidate nomination papers.
• Election, Counting and Polling Agents and their guests/partners.
• Political Parties and their officials.
• Staff employed at elections.
• Contact details for polling stations and count centres.
• If you are employed by the service and want to volunteer to work for an election (including staff employed directly by the Electoral Registration Officer or the Returning Officer) we need your information to allow you to do this and manage your employment.

When we collect and use your information, we need this to:

• Carry out our electoral registration and administration duties.
• If you apply to be an absent voter, we need your information to compile and maintain a record of absent voters.
• Fulfil our obligations relating to the supply of absent voting lists.
• Prepare for the administration of local and national elections and referenda, including:
• 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 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.
• Deal with and respond appropriately to any enquiry or complaint.
• If you are employed by the service and want to volunteer to work for an election (including staff employed directly by the Electoral Registration Officer or the Returning Officer) we need your information to allow you to do this and manage your employment.

What information do we collect and why?

If you are an individual who is registered, or applying to be registered to vote, the information that we collect about you is:

• Your name, address, nationality, date of birth and contact details.
• Unique identifiers such as your National Insurance Number and signatures for absent vote checking.
• Scanned application forms, documentary evidence and any letters of correspondence.
• Notes about any relevant circumstances that you have told us about.
• Your previous or any redirected address.
• The other occupants in your home.
• If you are aged over 75 or under 18.
• Whether you have chosen to opt out of the open version of the register.

When you apply to register to vote, to verify your identity the data you provide will be processed by the individual Electoral Registration Digital Service managed by the Cabinet Office. The information that we collect about you is:

• Your name, address and date of birth.
• Your National Insurance Number and nationality.

Where it is not possible to verify an elector’s identity via the Individual Electoral Registration Digital Service, we may need additional information from you. This may be done by requesting a recognised form of identification. Items requested may be:

• Proof of Identity Passport, photo driving licence, national identity card, birth certificate.
• Proof of Address Utility bill, bank statement, credit card statement (no more than 3 months old); current driving licence; current TV licence; local authority tax bill, HMRC tax document (no more than 1 year old).

Election & Annual Canvass Staff

If you are employed to work on the annual canvass/election day, the information that we collect about you is:

• Your name (inc. Title), address, telephone number and e-mail address
• Gender
• Your National Insurance Number
• Your financial details i.e. bank details in order to pay you correctly
• Car registration details
• Previous employment data for those employed at Elections or Annual Canvass

Candidates

If you are candidate to stand at an election, the information we will collect about you is:

• Your name, address, date of birth, e-mail address, telephone number and signature
• Candidate qualifications
• The name, address, office address and signature of appointed election agent

Absent Votes

If you are an elector and you have requested an absent vote (i.e. to vote by post or proxy), the information we will collect about you is:

• Your name, address, date of birth, National insurance number and signature.

Where it is not possible to verify an elector’s identity via the national insurance number provided, we may need additional information from you. This may be done by requesting a recognised form of identification. Items requested may be:

• Proof of Identity Passport, photo driving licence, national identity card, birth certificate.
• Proof of Address Utility bill, bank statement, credit card statement (no more than 3 months old); current driving licence; current TV licence; local authority tax bill, HMRC tax document (no more than 1 year old).

For postal voters, redirection addresses will be collected and for proxy voters, details of the electors’ nominated proxies will be processed.

We may also collect sensitive information about you called special category data including:

• Racial and ethnic origin
• Political opinions – such as information containing within subscribed nomination papers.
• Health data – this may be contained within applications to vote by proxy.

In limited circumstances we will also collect sensitive data relating to ‘criminal convictions and offences’ under the Data Protection Act 2019. For example, the Electoral Registration Officer may receive a request to register a vote from a prisoner on remand or an application for anonymous registration may contain references to the alleged commission of offences by an identifiable third party.

What Allows us to use your information?

The Electoral Registration Officer

When we collect and use your personal information to ensure you are registered to vote in any election or referendum for which you are eligible and add your details the full electoral register, we do so under public task to ensure that all eligible persons in Cheshire West and Chester Borough are registered to vote.

When we collect and use your personal information for the open version of the electoral register, we do so after obtaining your consent.

When we collect and use your personal information to employ you to work Election Day, we do so under a contract with you.

The Returning Officer

In addition to the information provided to the Electoral Registration Officer, the Returning Officer will collect your personal information for candidate’s, candidate’s agents and individuals subscribing candidate’s nomination papers. We also need your personal information for employment on Election Day.

When we collect and use your personal information to employ you to work Election Day, we do so under a contract with you.

The legislation, policies and guidance that allow us to do this includes, but is not limited to:

• General Data Protection Regulation Article 6 part (a), (b) and (e)
• General Data Protection Regulation Article 9 part (b) and (i)
• Equality Act 2005
• Electoral Registration and Administration Act 2013
• Representation of the People Regulations 2001
• 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
• Neighbourhood Planning (Referendums) Regulations 2012
• Representation of the People (Provision of Information Regarding Proxies) Regulations 2013
• Elections Act 2022

Who will my information be shared with?

The information you provide is held in electoral registers which are maintained by the Electoral Registration Officer who, using information received, keep two versions of the register – the full electoral register and the open (edited) electoral register.

The full register is published once a year and is updated every month. It is supplied to the following people and organisations upon written request: On some occasions we may need to share your information with:

• The British Library
• The Returning Officer
• UK Statistics Authority
• The Electoral Commission
• The Local Government Boundary Commission for England
• Elected Representatives
• Election Candidates
• Constituency Political Parties
• National Political Parties
• To members of the public inspecting the electoral register (please note that the full electoral register can only be inspected under supervision and extracts may only be taken by way of handwritten notes)
• In relation to the full version of the electoral register, to government departments and other specified public bodies upon payment of the statutory fee
• In relation to the edited/open version of the electoral register, to any person paying the statutory fee
• Boundary Commission for England
• Jury Summoning Bureau
• Elected Representatives (MP, MEPS, Local Councillors)
• Government Departments or bodies
• The Council
• Police and Crime Commissioner
• National Fraud Initiative
• Political Parties
• Registered third parties
• Parish and Town Councils
• Credit reference Agencies

The Electoral Registration Officer is legally obliged to provide absent voter information to:

• Elected Representatives
• Election Candidates
• Constituency Political Parties
• National Political Parties

The Electoral Registration Officer makes the marked versions of the electoral register and the absent voting lists (i.e. the registers and lists that indicate who has voted at a particular election or referenda) available for inspection in certain circumstances. Copies may also be supplied, in certain circumstances, to:

• The Electoral Commission
• Elected Representatives
• Constituency Political Parties
• National Political Parties
• Election Candidates
• Polices forces and similar agencies
• Government departments and other specified public bodies

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. For more information please visit the GOV.uk website.

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.

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

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. For more information please visit the GOV.uk website.

The information contained on the electoral register will also be used to produce and send poll cards, postal and proxy poll cards, postal votes, postal proxy votes, Household Enquiry Forms, Invitation to Register applications, attestations, evidence request and absent vote applications.

The open (edited) register is an extract of the electoral register but is not used for elections. It can be bought by any person, company or organisation. For example, it is used by businesses and charities to confirm name and address details. Your name and address will be included in the open register unless you ask for them to be removed. Removing your details from the open register does not affect your right to vote.

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

If you do not provide us with your information, we will be unable to maintain the electoral register for the purpose of administering an election. Failure to provide the requested information may result in a fine (upon conviction) of up to £1,000.

If you are an employee who works for the elections and do not provide us with your personal information i.e. financial details, we will be unable to process your request to do your election duties.

How long will you keep this data for and why?

• European election ballot papers will be held for 1 year after an election and destroyed securely after in line with the European Parliamentary Elections Regulations 1999.
• Local election ballot papers will be held for 12 months from close of poll and destroyed securely after in line with the Representation of the People Regulations 1986 and Local Elections (Parishes and Communities) Rules 1986.
• Summary certification of those eligible to vote will be kept for 999 years in line with Representation of the People Regulations 1986.
• The list of people registered to vote on the Electoral Register will be kept permanently in line with Representation of the People Regulations 1986.
• The consolidated returns of votes received will be held for 12 months from close of poll and destroyed securely after.
• If you are election staff, and you have provided your financial via the MEA app these will be kept until you notify us that you no longer want to work as election staff. Upon receipt of your notification your details will be deleted.

How will my information be stored?

Your information will be held securely within the Electoral Management System, supplied by Xpress, stored on the Council secure network.

Your rights

You have a number of rights regarding your personal data, including withdrawing your consent where we have asked for it. You can also ask for a copy of the information we hold about you and ask us to correct anything that is wrong. For detailed information about your rights please see (include link to main Cheshire West Privacy policy)

To make a request follow the instructions on the “Data Protection for you” webpage below.

• Data Protection for you

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 email or post.

• Email: dpo@cheshirewestandchester.gov.uk
• By post: Data Protection Officer, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

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

• Information Commissioner's Office (ICO) website
• By post: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• Telephone: 08456 30 60 60

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

No

Will my data be transferred abroad and why?

No