Doreen,
I looked at the Improvement and Development Agency guidance for councillors
and also checked the guidance issued to MPs and both are silent on what
happens when an elected official is not re-elected. However, my
understanding is that everything grinds to a stop. As a matter of courtesy,
I would expect the 'old' councillor to contact anybody with unfinished case
files explaining the situation, introducing the new councillor and offering
to supply any background information or papers required. Another option
would be to send the outstanding case file to the constituent. Otherwise,
the constituent would have to start from scratch with the new councillor. If
the outgoing councillor was stroppy, then the constituent could always make
a subject access request.
Personal information collected for casework while serving as a councillor
was collected fairly and lawfully. There is a case for keeping it for a
period to allow information to be provided to the new councillor but once a
reasonable period has elapsed then it should be destroyed. What is
reasonable? I'd guess maybe a maximum of three months, but it would have to
be assessed on a case by case basis.
Allan
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 03 July 2002 12:36
To: [log in to unmask]
Subject: Elected Members' Use of Personal Information
Hi All
I am currently drafting Mandates for use by Councillors in their surgeries
i.e. when a constituent calls at his surgery and wants to know why he/she
has not been allocated a house and wishes the Councillor to find out from
the local authority what the position is... As you may know, many cases are
not so straightforward but with the forthcoming May elections - what happens
if a case has not been resolved (one of those ongoing sagas) and the
Councillor involved in the case is not re-selected? I doubt very much
whether the newly selected Councillor would have an automatic right to
conclude the complaint/query as this would be disclosing information to
third parties. I suppose we would have to draw up another mandate
authorising the newly appointed Councillor to receive relevant information
from the old Councillor (with the data subject's consent). Also, are
Councils telling their members that once they have been de-selected and if
cases are finished etc. that they should be shredding personal information
when they are no longer members of the Council or are there time limits on
the storage of this type of data. Does anyone have any views on these
points? Any information would be greatly appreciated... Doreen Broom Access
to Information Officer Scottish Borders Council Council HQ Newtown
St.Boswells Melrose Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
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