Questions about town and parish councils
Follow Councillor Q&A on X/Twitter

Follow us on X/Twitter

0 votes
During this year's annual inspection of parish council accounts, the Clerk prompted by the parish council chairman who had just arrived at the inspection ('to protect the clerk'), suddenly produced from their bag and read out to me - and the person accompanying me - an email they had sent to our county council highways officer naming me about an issue about poor work carried out on a road I'd raised at the parish council meeting the night before. The Clerk then read out the response from the highways officerr which also named me. The Clerk and Chairman then both accused me of being a liar which I refuted. I asked for a copy of the two emails but was told this wasn't going to happen. Not only was this intrusion, accusation and publication verbally of these emails by the Clerk and Chairman into a private session by two members of the public who had quite properly arranged to inspect the council's accounts during the set period extremely rude and offensive, it had nothing to do with our inspection session, and was I believe designed to discredit and demean me in the eyes of the person accompanying me, who had never before met either the Clerk or the Chairman, who seemed bent on disrupting the session and behaving in a deeply uncivil and vile manner, humiliating and embarrassing to both me and my companion. This interruption and the manner in which it was orchestrated and managed by the Clerk and Chairman put an end to our legitimate inspection session, having not had the time or opportunity to inspect all the documents we wished to see. It left both of us both bewildered and concerned that the Clerk, colluding with the Chairman of the parish council had not only interferred with our legal right to inspect all the annual accounts documents but also made false allegations and used the time for our inspection to attack me personally and read from emails that I had no prior knowledge or and have still not seen. I wish to see the emails as I would like to pursue the matter with the Monitoriing Officer who needs all the documentation. How can I obtain these emails which name me? The emails have not appeared under Correspondence on any subequent meeting agendas, but I need to know whether  any/all the other parish councillors was copied into the correspondence - and whether there has been any further correspondence by the Clerk/Chairman/parish council about this matter. Does the inclusion of my name in such correspondence breach any GDPR rules?
ago by (200 points)

1 Answer

0 votes

Submit a Subject Access Request under Article 15 of the UK GDPR to both the parish council and the highways authority, specifically requesting your personal data in relation to the communications you describe. If your parish council has a Data Protection Officer, submit the request to them as they should be independent of the parish council and look at your request objectively and fairly. To find out whether your parish council has a DPO, search the ICO's Data Protection Register.

If you need any help in drafting your SARs then please let me know.

In matters relating to concerns surrounding your personal identifiers (name), the parish council's privacy notice or data protection policy should define how your information can be shared in such situations.

ago by (4.3k points)
edited ago by
The Clerk is DPO and has already beached GDPR in respect to my signaature. Our DPO is not independent - far from it.
It is only public authorities that need to appoint an independent DPO. DPA 2018 Secton 7(3)(a) specifies that a Parish Council it not considered a public authority within the DPA.
There is a potential conflict if the Clerk of the parish council also serves as the council's Data Protection Officer (DPO).

The UK GDPR states that the DPO must operate independently and without a conflict of interest. Specifically, the DPO must not have any role that leads to a conflict between their duties as a DPO and other responsibilities that involve determining the purposes and means of processing personal data.

As the Clerk of the parish council typically has operational responsibilities, including managing records, overseeing staff, and implementing council policies (including those related to data processing), this could present a conflict of interest. The Clerk may be involved in decisions about how personal data is processed or managed, which could make it difficult to independently oversee data protection compliance and advise the council without bias.

For this reason, many councils avoid appointing the Clerk as the DPO, opting instead for an external DPO or another individual who does not have operational control over data processing activities. This helps ensure that the DPO can maintain independence and carry out their duties objectively, in accordance with the UK GDPR.

Whilst I appreciate you may feel the Clerk has breached the UK GDPR, in respect of your signature the only real way of determining this is by raising a data protection concern with the parish council. If you are not satisfied with its response, you can then send your concern to the ICO.

Welcome to Town & Parish Councillor Q&A, where you can ask questions and receive answers from other members of the community. All genuine questions and answers are welcome. Follow us on Twitter to see the latest questions as they are asked - click on the image button above or follow @TownCouncilQA. Posts from new members may be delayed as we are unfortunately obliged to check each one for spam. Spammers will be blacklisted.

You may find the following links useful:

We have a privacy policy and a cookie policy.

Clares Cushions logo Peacock cushion

Clare's Cushions creates beautiful hand made cushions and home accessories from gorgeous comtemporary fabrics. We have a fantastic selection of prints including Sophie Allport and Orla Kiely designs and most covers can be ordered either alone or with a cushion inner. Buying new cushions is an affordable and effective way to update your home interior, they're also a great gift idea. Visit our site now

3,057 questions
6,024 answers
8,394 comments
10,522 users
Google Analytics Alternative