Office of Michael Tomlinson MP Data Protection Policy
This document outlines how the Office of Michael Tomlinson MP processes and manages personal data. It:
1) identifies our data controller;
2) provides our lawful basis for processing personal data;
3) outlines the scope of personal data we hold and process;
4) outlines the scope of the special category personal data we hold and process;
5) describes and justifies our data retention policy;
6) shows how we intend to respond to Subject Access Requests; and
7) contains a copy of our privacy notice.
The policies outlined within this document come into full effect on Friday 25th May 2018.
- Data Controller
The Data Controller is Michael Tomlinson MP.
- Lawful basis for processing
i. Casework is processed primarily under the lawful basis of public task, with exceptional cases processed under the lawful basis of consent.
ii. Personal data contained in the non-party political Michael Tomlinson MP Mailing Lists are processed under the lawful basis of public task, and where appropriate, consent. These do not fall within the definition of direct marketing.
iii. Photographs of individuals will be processed under the lawful basis of public task.
iv. We undertake to always act within the reasonable expectations of our constituents and any other individuals about whom we hold personal data.
- Data we hold
As of 25th May 2018, the office holds information on around 68,000 constituents. This varies when the electoral roll is updated. Most of our personal data is stored electronically and securely on our computer systems. These systems are managed by the Parliamentary Digital Services. Michael Tomlinson MP has a contract with the Corporate Officer of the House of Commons and the Corporate Officer of the House of Lords (acting jointly) who are responsible for Parliamentary Digital Services. Access to the systems is limited to those who have completed a Parliamentary security check. Our systems are in secure offices.
Casework & policy emails
The Office uses folders in Microsoft Outlook and a CMS (Content Management System) application, Cross Reference, to help with the management of constituent casework records. This information predominantly includes but is not limited to:
▪ Names, addresses and email addresses.
▪ Telephone numbers.
▪ National Insurance Numbers, Passport Numbers.
▪ Special category data, outlined in point 4.
▪ Special category data on political beliefs.
The Office also maintains a mailing list of around 3,000 subscribers to a Michael Tomlinson MP Mailing List. These subscribers receive Michael’s monthly newsletter and information about upcoming advice surgeries. Personal data we hold in this regard includes:
▪ Names and email addresses.
This information is non- party political in nature and therefore it is not categorised as direct marketing. The data is stored by Mailchimp, who are based in the USA and have certified to the Privacy Shield regime for transfers of data between the EU and United States.
- Special category data we hold
The office may also hold special category data for a smaller number of data subjects. This data will be processed under the lawful basis indicated in point two, as is permitted in clauses 23 and 24 of schedule 1 of the Data Protection Act. The data may include:
▪ Political opinions
▪ Religious beliefs
▪ Trade union activities
▪ Sexual orientation
▪ Race and ethnic origin
▪ Details of criminal offenses
▪ Physical and mental health
- Data retention policy
Our office will hold personal data for as long as Michael Tomlinson is a Member of Parliament. From 25th May 2018, we will only hold data dating from Monday 11th May 2015 inclusive. Casework and policy queries are often revisited to provide the best service and representation for constituents, from whom we may continue to receive correspondence. Therefore, we feel it is reasonable for an elected representative to hold personal data for the duration of the time he is a Member of Parliament. Following him either losing an election, or standing down, we will follow the procedures for passing on casework to his successor according to Parliamentary and ICO guidance.
- Subject Access Requests
We will comply with Subject Access Requests in line with the guidance given by the Information Commissioners Office (ICO).
- i. We will respond as quickly as possible, within 30 calendar days.
- ii. We will request verification of the identity of any individual making a request, and ask for further clarification and details if needed.
- iii. Data subjects have the right to the following: a. To be told whether any personal data is being processed
- b. To be given a description of the personal data, the reasons it is being processed and whether it will be given to another organisations or people.
- c. To be given a copy of the information comprising the data, and given details of the source of the data where this is available.
- Privacy notice
Our office will undertake to ensure all constituents sharing their personal data can have the opportunity to read our privacy notice. We will:
i. Publish our privacy notice on Michael’s website, www.michaeltomlinson.org.uk
ii. Add a link to our privacy notice to staff email signatures.
iii. Add a link to our privacy notice on Michael’s auto-response on Microsoft Outlook.
iv. If needed, direct constituents who contact us via letter and telephone to our privacy notice online, or supply them with a paper copy if needed.
This privacy notice relates to the personal data processed by the Office of Michael Tomlinson, Member of Parliament for Mid Dorset and North Poole, in relation to casework and policy queries.
Who is the Data Controller?
The Data Controller is Michael Tomlinson, Member of Parliament for Mid Dorset and North Poole.
What does the Office do?
The office discharges the duties and functions of an elected Member of Parliament. As part of this work, we conduct constituency casework and respond to policy queries, for which we must process personal data of our constituents. We also publicise the work of the MP, which may require the use of photographs of individuals. We also manage a small, non-party political mailing list for the purpose of sending Michael’s E-Newsletter and information about upcoming advice surgeries.
This office uses data from the open electoral register for referencing and filing purposes.
How do we process data?
This office processes constituents’ data under the lawful basis of public task. In instances where this lawful basis is not sufficient and explicit consent is required, a member of the office will contact you to establish your consent.
We are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
Will we share your data with anyone else?
If you have contacted Michael about a personal or policy issue, we may pass your personal data on to a third-party in the course of dealing with you, such as local authorities, government agencies, public bodies, health trusts, regulators, and so on. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only for the basis upon which they were originally intended. When they no longer need your data to fulfil this service, they will dispose of the details in line with our procedures.
We will not share the personal information of members of the Michael Tomlinson MP Mailing List or those in receipt of our E-Newsletter.
In any case, we will not use your personal data in a way that goes beyond your reasonable expectations in contacting us.
For how long will you keep my personal data?
Unless specifically requested by you, our office will hold your personal data for as long as Michael Tomlinson continues to be the MP.
Casework and policy queries are often revisited to provide the best service and representation for constituents, from whom we may continue to receive correspondence. Therefore, we feel it is reasonable for an elected representative to hold personal data for the duration of them being a Member of Parliament.
What rights do I have to my personal data?
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
- Right of access – you have the right to request a copy of the information that we hold about you.
- Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
- Right of portability – you have the right to have the data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing, such as direct marketing.
- Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
- Right to judicial review: if our office refuses your request under rights of access, we will provide you with a reason why. You have the right to complain.
How can I contact somebody about my privacy?
You can get in touch with our office by letter, email or telephone using the details at the foot of this page.
Please note that we will ask for identification should you choose to exercise any of the above rights in relation to personal data we hold.