Changing minutes after signature and publication

0 votes
The parish council has published information about a parishioner, including his name and address, which he has asked to be removed under GDPR. A councillor has edited the minutes and republished them. Is this legal?
The clerk says that his address e.g. The Old Rectory, does not identify him and descriptions of a feature that crosses his land and no other does not identify him either. She says this does not need changing under GDPR. Is this correct?
asked by (200 points)

1 Answer

0 votes
The recent newsletter from Hampshire Association of Local Councils states that :-

• Public Participation – naming individuals

NALC Legal have the view that minutes are not a verbatim record of a council meeting. Names are personal data for GDPR purposes and personal data must be processed lawfully.  It is a matter for a council if it chooses to name members of the public speaking or refers to them as ‘a resident’.  Where councils do choose to identify members of the public, it would be prudent for them to exercise discretion and ask persons attending to speak if they would prefer their names and addresses not to be recorded in the minutes.  The same principles apply to personal data of members of the public who contact the Council in other ways.
Part of the clerks duties is to make an accurate record (minutes) of the council meeting and for these to be signed and approved by the chairman at the next meeting.   The Local Government Act 1972 sch 12 outlines further information.   A councillor should not be involved in altering or re-issuing minutes if there is a clerk. Once the draft minutes are issued, a councillor should advise the clerk if he/she feels there should be a correction. Before the chairman signs the minutes everyone should be asked if they agree with the minutes.
answered by (160 points)
If the resident is the sole occupant of the Old Rectory, then the council have identified the resident effectively.
Minutes from 2 years ago edited

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