Data Protection
Fair and lawful processing
The Council will justify all processing of personal data under
one of the following conditions: -
- the data subject has given his consent to the processing;
- the processing is necessary for the performance of a contract
or the entering into a contract to which the data subject is
party;
- the processing is necessary for compliance with a legal
obligation to which the Council is subject;
- the processing is necessary in order to protect the vital
interests of the data subject;
- the processing is necessary for the administration of justice;
or
- the processing is necessary for the purpose of the legitimate
interests of the Council provided such processing does not harm the
legitimate interests of the data subject.
Where the Council processes sensitive personal data, at least
one of the following conditions will also be true:-
- the data subject has given his explicit consent;
- the processing is necessary for the Council to comply with
employment law;
- the processing is necessary to protect the vital interests of
the data subject, where it cannot be reasonably expected to obtain
explicit consent, or to protect another persons vital interests
where consent by or on behalf of the data subject has been
unreasonably withheld;
- the information contained in the personal data has been made
public as a result of steps deliberately taken by the data subject
- eg council members' political opinions are public by their very
nature;
- the processing is necessary in connection with legal
proceedings, obtaining legal advice, and for the purpose of
establishing, exercising or defending legal rights;
- the processing is necessary for the administration of justice,
functions of enactment, and functions of the Crown, a Minister of
the Crown or a government department;
- the processing is necessary for medical purposes only when
undertaken by a health professional or other person who owes a duty
of confidentiality which is equivalent to that which governs a
health professional;
- the processing is necessary for the commitments to Equal
Opportunity and is carried out with appropriate safeguards for the
rights and freedoms of data subject; or
- the processing is specified by the relevant Secretary of
State.
Departments will address their minds to the requirement to have
legitimate basis for processing and continually review current
processing. Failure to meet the conditions for personal and
sensitive personal data will mean that The Council is in breach of
the Data Protection Act 1998 and therefore subject to possible
enforcement action by the Information Commissioner's
Office.
When the Council collects data, the data requested will be
adequate for the specified purpose(s); it will be relevant and not
excessive. Carlisle City Council will hold the minimum personal
data necessary to enable it to perform its functions. The Council
will always inform its' data subjects, when obtaining data, of all
the purposes for which that data will be used. Those purposes will
be notified to the Information Commissioner's Office, and the
data will never be used illegally.
The Council will endeavour to ensure that all data is accurate
and up-to-date, and will correct inaccuracies quickly. Carlisle
City Council will only hold personal data for as long as is
necessary for the notified purpose(s), after which time it will be
deleted. Where details of individuals are stored for long term
archive or historical reasons and it is necessary to retain
personal details within the records, it will always be done within
the requirements of the law.
Redundant personal data will be destroyed under the Council's
procedure for the disposal of confidential waste. A copy of the
procedures is in Appendix (a). In general, paper waste is shredded
and magnetic media (tapes, discs and CD archives) are
electronically "wiped" or physically destroyed beyond recovery.